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...
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...
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...
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...
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....
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...
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...
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...
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,...
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...
