Commissions Are Wages Under the NJ Wage Payment Act
The NJ Supreme Court ruled that “commissions” are considered “wages” under the Wage Payment Law (WPL) and are therefore subject to the WPL’s protections. …
Restricting an Employee’s Right to Compete Against a Former Employer: the FTC’s New View on Unfair Competition
Non-compete agreements between employers and employees have long been used in employment relationships, despite their potentially anti-competitive effect. They are both common and highly …
The Long Arm Jurisdiction of the Law: Don’t Think You’re Automatically Safe From Lawsuits if You Leave NJ
Long-arm statutes permit a state court to bring legal action within its jurisdiction to reach nonresident persons and corporations who, by their actions, have …
Employment at a Specific Salary
The Supreme Court of New Jersey held that an offer of employment at an annual salary does not automatically qualify as a guarantee of …
Can an Employer Enforce a Non-Disclosure and Non-Disparagement Agreement Against a Former Employee?
You work for an employer. You’re fired, or let’s say you’re terminated, or you separate from your employer. You sue your former employer. You …
New Jersey is Filing Legal Action Against Worker Misclassification
New Jersey is cracking down on employers who wrongly label employees as independent contractors. In a recent case the commissioner of the State Department …
Is There Such a Thing as a Lifetime Contract of Employment?
An employment contract may specify a fixed term of employment; but like any other contract, such a contract must be sufficiently definite in its …
Is a Personal Service Contract Enforceable in NJ?
The general rule has historically been that in NJ, a personal service contract, including an employment contract, can be specifically enforceable, especially when the …
Just How Far Can You Go with Making a Conscientious Employee Protection Act (CEPA) Claim Against Your Employer? (Part 2 of 2)
In my last blog I discussed a public employment case involving a corrections officer employed at Fort Dix. He claimed employment retaliation because of …
Just How Far Can You Go with Making a Conscientious Employee Protection Act (CEPA) Claim Against Your Employer? (Part 1 of 2)
CEPA is a complex statute and a detailed series of court decisions that interpret it. This blog will discuss whether CEPA covers reported violations …
Claiming to Be a Victim of Discrimination Isn’t Enough to Win an Employment Discrimination Case
I notice that many employees (actually they are now former employees when they bring their lawsuit) allege a violation of the New Jersey Law …
A Former Employer Cannot Claim “Specialized Knowledge Gained on the Job” to Stop an Employee from Leaving
One of the nation’s largest home building companies applied to court for injunctive relief to prevent one of his former employees from misappropriating alleged …
Are Doctors, Psychologists, and Accountants Subject to a Restrictive Agreement Not to Compete?
Restrictive agreements of physicians are still enforceable. The Supreme Court found nothing in the nature of the medical profession requiring exemption from the general …
COVID, the Flu and the Law Against Discrimination
In a recent case handled by our office, a school district terminated a teacher in violation of the New Jersey Law Against Discrimination (LAD) …
Claiming to Be a Victim of Discrimination Isn’t Enough to Win an Employment Discrimination Case
I notice that many employees (actually they are now former employees when they bring their lawsuit) allege a violation of the New Jersey Law …
New Jersey Expands Law Against Discrimination to Address Age Discrimination
What You Should Know New Jersey’s Law Against Discrimination (NJLAD) has been expanded to address age discrimination against employees Government and state employers no …
Can an Employer Regulate Your Private Life and Your Free Speech?
Many employees do not realize that employers in New Jersey have the right to regulate and prohibit personal lifestyle choices after work and during …
New Jersey Employers and Employees Must Always Be Aware of the Language In Their Contracts
A large number of employers and employees throughout New Jersey sign employment contracts. Unfortunately, many employees often do not read the contracts before they …
Know Your Rights: The Employee Retirement Income Security Act (ERISA) is an Important Federal Law for Employees
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension plans, health …
Thinking of blowing the “whistle” on your boss? Understanding the New Jersey Conscientious Employee Protection Act (CEDA)
There are numerous federal and NJ state laws that protect “whistleblowers” who report the unfair or illegal practices of their employers. The CEDA law …
Have You Read Up on Recently About the Family and Medical Leave Act (FMLA)?
The Federal FMLA provides that employees may take 12 weeks of unpaid leave from their jobs when they have a serious medical condition or …
Include a Buy-Sell Agreement and Restrictive Covenant as a Key Part of Your Shareholder Agreement
Shareholder agreements should be essential to every small corporation’s structure. These agreements outline many aspects of corporate government including ownership and voting rights, control …
You Can’t Compete Against Your Employer While Still Working for Them
Recently, I read about a lawsuit brought against a high-level management employee and officer of a corporation who secretly started a competing business against …
An Employment Contract Is Essential to Your Rights as an Employee In New Jersey
Many employees throughout the state of New Jersey have signed employment contracts but are unaware of what exactly their employment contracts say. When they …
An Employment Agreement Mandating Arbitration and Limiting Damage Claims by an Employee Can Be Enforced in NJ
A recent Federal court decision in New Jersey upheld a provision in an arbitration agreement that subjected an employee to the imposition of attorney’s …
New Jersey Law Protects Employees From Demotions Based on Discrimination
New Jersey has specific laws in place that prevent discrimination by employers against employees. The New Jersey Law Against Discrimination applies to many discrimination …
An Employment Contract Lawyer Simplifies Employment Contract Issues to Avoid Conficts
Understanding NJ contract law is an important function of an Employment Dispute attorney. What is an Employment Contract Dispute An employment contract dispute is …
Do I Have to Confirm That a Former Employee Worked for Me?
Recently, one of our corporate clients received a question about one of their former employees and whether this person had worked for our client. …
Terminating a Tenured Versus Non-Tenured Employee Working at a Public or Charter School
Tenure for teachers in our public education system has always been a controversial topic except for teachers who generally support the concept. Tenure prevents …
How an Employee Handbook Can Protect an Employer from Liability
Employers and employees often look upon the Employer-Employee Handbook as an employment agreement. Given that NJ employment laws generally presume at-will employment relationships, many …
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