Before ObamaCare, employers could loosely characterize an individual's relationship with the company as either an employee (W-2) or an independent contractor (1099). After the enactment of the Affordable Healthcare Act, all employers must be extremely careful about...
Month: February 2013
The Backstory
Not only is it important to have a written contract that clearly and unambiguously outlines the terms of your agreement, now more than ever, it is important to have written documentation detailing the contract negotiations and the parties' intent leading up to the...
The Effect of Legalizing Marijuana on the workplace.
As the New Jersey legislature proceeds through its "lame duck" session in the last days of 2019, it is possible that the Assembly and Senate may revisit the bill legalizing recreational marijuana usage and vote to adopt same. While the legislation will decriminalize...
SB 4204: Changing the Way Independent Contractors Can Work In New Jersey.
Making it harder to use or be an independent contractor in New Jersey. Senate Bill 4204, that changes the standard for how New Jersey will classify independent contractors, is barreling towards the finish line. This Bill, sponsored by Senator Sweeney, moves the...
COMPLIANCE TIPS: Employee Classification
In May 2018, NJ Gov. Phil Murphy established a Task Force on Employee Misclassification focused on ensuring that employees are properly classified as W-2 wage earners rather than 1099 independent contractors. The Task Force enforces the ABC test set forth in Hargrove...
Proactive steps that minimize harassment claims in the office
Employers have to think about many things just to keep their business running. Everything from dealing with employees to marketing plans may be part of your responsibilities as an employer, and this means you may not have much room to think about preventing certain...
Employees on Social Media
Protecting your Company's Brand You have spent thousands hiring a branding company to launch a new marketing initiative to accelerate your growth. As entrepreneurs, we often forget that corporate change is hard and that any new initiative needs top-to-bottom buy-in....
Employee Handbook Saves the Day!
The Third Circuit Court of Appeals recently dismissed an employee's claim for disability discrimination and retaliation where the employer was able to show a well documented progressive discipline process. Simons v. Bos. Sci., 765 F. App'x 773 (3d. Cir. 2019) Click...
Workplace Bullies
The EEOC defines harassment as "unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information." To be actionable at law, the harassment needs to be aimed at these protected...
Handling an Employee Complaint
As an employer and an entrepreneur, the highest and best use of your time is spent in working in your business. The most frustrating part of your job as a manager is likely to be the moment when you receive the charge from the NJ Division of Civil Rights (DCR) or EEOC...
Defending against sexual harassment allegations in the workplace
As an employer, you understand employees have the right to expect fair and appropriate treatment. New Jersey employees are entitled to a workplace that is free from harassment, including unwanted sexual advances. If allegations of sexual harassment arise, however,...
Franchisee Negotiated A Commercial Lease That Complied With The Franchise Agreement And The Mall Developer’s Objectives.
A franchisee was looking to open a new location for their business in a yet-to-be-built strip mall. The negotiating parties would include the developer, franchisor, and franchisee. The franchise agreement stipulated what types of businesses could be adjacent to the...
2020 Solo Small Firm Conference-NJSBA
