New Jersey Lawyers Blog

Published on: February 8, 2025

New Jersey Appeals Court Gives 337,214 Reasons Not to Delay in Disputing Commercial Invoices

New Jersey business law enforces both oral and written contracts for the delivery of goods and services. However, in the case of Pantos USA, Inc. v. MindsInSync, Inc., when disputes arise, a New Jersey appeals court once again emphasized that evidence is king. NJ_State_House-300x200

Background

In 2018, Pantos USA, Inc., provided “freight forwarding, logistics and warehousing services” to MindsInSync, Inc., Choice Select Home Textiles, In., Ideas From the Ground Up, Inc., and 101 Home Textile Creations, Inc. When they did not pay, Pantos sued them in the Law Division of the Superior Court of New Jersey. The defendants denied that there was a written contract, and claimed that Pantos’s services were unsatisfactory.

Published on: January 19, 2025

U.S. Supreme Court Clarifies Employer’s Burden for Proving that Employee is Exempt From Overtime

by Maurice W. McLaughlin

In lawsuits where employees claim their employer wrongfully withheld overtime or minimum wage, if the employer claims that the employees were “exempt” it bears the burden of proving that they actually met the requirements of the exemption under the Federal Fair Labor dc-court-appeals-district-columbia-building-abraham-lincoln-statue-74985350 Standards Act. There was a split among the Federal Circuit Courts of Appeals regarding what that burden of proof was. The United States Supreme Court has now resolved that conflict in the case of E.M.D. Sales Inc. v. Carrera.

Wage and Hour Protections for New Jersey Employees

New Jersey employment law provides that employers must pay minimum wage and overtime to most employees unless they are exempt. The Federal Fair Labor Standards Act provides similar protections. The main exemptions under both Federal and New Jersey employment law are similar. Administrative, executive, professional and “outside sales” employees are exempt from minimum wage and overtime provided they make a minimum salary.

Published on: January 14, 2025

Trusts Are Powerful Tools in New Jersey Estate Planning

by McLaughlin & Nardi, LLC

Estate planning is a crucial aspect of financial management that ensures your assets are distributed in accordance with your wishes after your death. However, New Jersey estate planning law can be complex. Besides ensuring that your assets go where you intend, minimizing tax impact and the costs associated with probate must be considered. Also, you may not want some of your heirs to get all the assets right away or have control of them, such as minor children, relatives with special needs, or simply loved ones who are just not good at managing money. courthouse-NY-300x199

One of the key components of a comprehensive estate plan is the inclusion of trusts. A trust is an important tool that can aid in the estate planning process. Trusts are legal arrangements that allow a third party, known as a trustee, to hold and manage assets on behalf of a beneficiary.

Why do I need a trust?

Published on: January 12, 2025

New Jersey Employment Law Strengthened to Prevent Employers Using Immigration Status to Evade Paying Wages

by Maurice W. McLaughlin

New Jersey employment law offers strong protections to employees. Among these are the New Jersey Wage Payment Law and the New Jersey Wage and Hour Law, both of which were amended in 2019 to increase the statute of limitations from two years to six, and increase 3-225x300 penalties for violations. In August 2024, the New Jersey Legislature further strengthened these laws to prevent employers from taking advantage of complaining employees because of their immigration status.

New Jersey Wage Protections

New Jersey’s Wage and Hour Law and Wage Payment Law provides the basic protections regarding the payment of wages to New Jersey employees. (The Federal Fair Labor Standards Act provides similar penalties at the Federal level, but with a shorter limitation period and lesser penalties.) Failure to pay overtime or minimum wage, or failure to pay wages to employees when due, allows the employee to recover her unpaid wages for the last six years plus liquidated damages, making the entire recover 300 percent of the wrongfully unpaid wages. Additionally, the employer will be required to pay the employee’s attorneys fees. (An employer will have a good faith defense available for liquidated damages for a first violation, but not for the unpaid wages themselves or the employee’s attorneys fees.)

Published on: December 16, 2024

The Importance of Having a Will Under New Jersey Inheritance Law

by Maurice W. McLaughlin

New Jersey estate law makes having a well-written will crucial.

At first glance, the concept of creating a will may seem somewhat morbid or uncomfortable. After all, the process involves contemplating our mortality and deciding on the distribution of our assets after we’re gone. However, there is a compelling case to be made about the importance of having a will. Not having a will leaves your assets to be transferred according to New Jersey estate us-supreme-court-300x200 law when you pass, and not according to your own wishes. That is why our New Jersey estate planning attorneys firmly believe in the importance of having a will, helping you face the legal complexities of making sure the law will enforce your wishes when you pass, and helping provide peace of mind and security for you and your loved ones.

First, a will gives you complete control over the distribution of your assets. Without this legal document, New Jersey intestacy law will determine how your property is divided among your heirs after you pass. This could potentially lead to a distribution that is not in line with your wishes. For instance, you may want to leave certain items to friends or charities, but without a will this would not be possible.

Published on: December 14, 2024

New Jersey Construction Law Frequently Asked Questions

by McLaughlin & Nardi, LLC

At McLaughlin & Nardi, LLC, our New Jersey construction lawyers represent contractors, subcontractors, suppliers, project managers, owners, architects and engineers in all areas of construction law. Here are some frequently asked questions about New Jersey construction us-1978465__340-300x200 law.

What is construction law?
Construction law refers to the laws, regulations and case law that guide the construction industry. It encompasses a wide range of issues including contract law, construction liens, construction defects, breach of construction contracts, litigation, arbitration, mediation, appeals, bonds and bonding, collection, guarantees and sureties, construction claims, and related consultancy contracts.

Published on: December 9, 2024

New Jersey Pregnant Employee Protections Enhanced by Federal Pregnant Workers Fairness Act and the EEOC’s Implementing Regulations

by Maurice W. McLaughlin

New Jersey employment law provides significant protections for employees who are pregnant, breastfeeding, or have recently given birth.

The New Jersey Law Against Discrimination provides protection against discrimination against pregnant and breastfeeding employees. It also requires that employers make reasonable kids-300x225 accommodations available so that pregnant or breastfeeding employees and new mothers can perform their jobs. It prohibits retaliation against employees who request such accommodations. The New Jersey Law Against Discrimination gives a non-exhaustive list of such reasonable accommodations: “bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or hazardous work.”

The New Jersey Law Against Discrimination generally gives more extensive protection to employees than Federal law, including pregnant and breastfeeding employees, and New Jersey State courts generally provide greater procedural protections for employees than Federal court. Nonetheless, Federal law also provides protections for pregnant employees.

Published on: December 7, 2024

Hiring New Jersey Municipal Police Officers and Firefighters

by Maurice W. McLaughlin

New Jersey employment law governs the hiring of municipal police officers and firefighters, particularly Titles 11A and 40A of New Jersey Statutes. These local first responders play critical roles in our society. New Jersey employment law therefore closely regulates the hiring joe-b-300x200 process to ensure that New Jersians are served by only the best law enforcement officers and firefighters.

There are two roots for hiring local government law enforcement officers and firefighters. In civil service jurisdictions, an applicant must pass a civil service examination, score high enough on the list to be reached, pass physical and psychological examinations, pass a background investigation, and successfully complete a police academy course. Municipalities which have not adopted civil service have more discretion in hiring, in that the applicants do not have to take a civil service examination or be ranked high enough on a civil service hiring list. However, many non-civil service jurisdictions utilize a “chief’s test” in place of the civil service examination. Civil service municipalities retain some discretion in hiring through the “Rule of Three.”

Initial hires must be at least 18 years of age, but no more than 35, although there are exceptions to the maximum age requirement for veterans and law enforcement officers and firefighters with prior service in another jurisdiction. They must be New Jersey residents, although recently discharged veterans receive a grace period to move to New Jersey. A municipality cannot require an applicant to be a resident of the local jurisdiction, but it can give a preference to residents. residence can also be used as a tie breaker in promotions. The “veterans preference” is applicable to hiring in civil service municipalities.

Published on: November 26, 2024

New Jersey Construction Law Decision Explains How Consumer Fraud Act Balances Protections for Homeowners and Legitimate Contractors

by Maurice W. McLaughlin

The New Jersey Consumer Fraud Act and home improvement practices regulations presented a dilemma – they provide valuable tools protecting homeowners from unscrupulous home improvement contractors by awarding them triple damages and attorneys fees when successful, but risk imposing drastic penalties on legitimate contractors who miss some of their more technical requirements. However, as the Appellate Division recently explained in the case of Philip Dattolo v. EMC Squared LLC and Edward T. Morgan, the requirement that a homeowner must prove house-225x300 ascertainable damages which result from the consumer fraud violations goes a long way toward resolving this conflict.

Background

The facts of the case are these. Dattolo contracted with EMC Squared LLC to construct a single-family home in Boonton, New Jersey in October 2018. EMC was solely owned by Edward Morgan. In March 2019, EMC offered a list of extras, and Dattolo accepted some. EMC created a written change order but it was never signed. In January 2020, Mogan told Dattolo that EMC was unable to continue. He told Dattolo that the project received final inspections. He gave Dattolo a final bill with credit for the unfinished work. Dattolo refused to pay, asserting many construction defects existed which would cause him considerable expense to correct.

Published on: November 3, 2024

All Employers Required to Provide New Jersey Disabled Employees With Reasonable Accommodations So They Can Do Their Job

by Maurice W. McLaughlin

New Jersey’s Requirement for Employers to Provide Reasonable Accommodations for Disabled Employees

New Jersey’s Law Against Discrimination and Title VII of the Civil Rights Act of 1964 prohibit discrimination because of an employee’s disability. New Jersey civil service law also prohibits discrimination because of an employee’s disability. These laws require employers to provide 7-300x225 reasonable accommodations so that disabled employees can perform their duties.

The regulations promulgated by the New Jersey Division of Civil Rights implementing the Law Against Discrimination’s reasonable accommodation requirement require employers to engage in an “interactive process” with the employee to determine what reasonable accommodations the employer can provide for the employee.