A significant part of my practice is the review, negotiation and drafting of contracts of all kinds: Contracts between buyers and sellers of assets and businesses; lessors and lessees; employers and employees; consultants and clients; doctors and group practices. If anyone tells you that contract law was her favorite course in law school, she’s probably […]
New Jersey Bans Salary History
On January 1, 2020, New Jersey joined a diverse group of 20 states, including Alabama, California, Illinois, Louisiana and New York, putting into effect legislation that bars employers from screening job applicants based on salary history. The law applies to all employers, regardless of size. What the New Employment Law States Employers may no longer […]
Earned Sick Leave Is Mandatory In New Jersey
The New Jersey Earned Sick Leave Act (the “Act”) took effect in October 2018. Here’s what employers need to know: The Act applies to all employers, regardless of size. All employees, including part-time employees and exempt employees, are eligible for earned sick leave under the Act. Earned sick leave may be used […]
Websites, Mobile Apps and the ADA
The Americans with Disabilities Act (“ADA”) applies to all businesses, governments and governmental agencies, regardless of size. The ADA requires businesses and governmental agencies to make their places of business and information about their goods and services “accessible” to persons with disabilities, whether those disabilities are visual, auditory, physical, neurological or cognitive in nature and […]
Online Reviews: A Blessing and a Curse
Word of Mouth Advertising Online reviews and blog posts are the 21st century equivalent of word-of-mouth advertising, with one enormous difference. What goes online, (mostly) stays online, more or less forever. On the plus side, online reviews on Google, Yelp, Facebook, Manta, Foursquare and Angie’s list, not to mention the innumerable blogs that critique everything […]
Yes, Virginia; You Really Should Have an Operating Agreement.
You wouldn’t drive a car without insurance, would you? Maybe you would, if you thought you could get away with it. But, when your car is rea-ended, or you rear-end another car, you’ll be weeping while you write the checks to pay for the damage, and the fine for driving while uninsured. No one plans […]
Designs as Trademarks?
Sometimes. Maybe. It depends. A trademark is a source identifier; its purpose is to inform the purchaser of goods or services of the source of those goods or services. A design can be a trademark, but not when it is decorative ornamentation on the item itself. I see this with clients who want to register […]
The New Normal
On day one of his administration, Donald Trump made good on his promise to limit immigration to the US. Initially, the focus was on illegal immigration—visitors who overstayed their visas and those who crossed the border to the US without any visa at all. That focus has now expanded to include legal immigration, including by […]
Nonprofit Corporations: The Basics
The defining feature of a nonprofit corporation is that it has no owners or shareholders. But although nonprofits have no owners, they are not limited to charitable activities; they operate businesses of all kinds, such as schools, hospitals, clubs and trade associations. In New Jersey, as in most other states, nonprofit corporations are governed by […]
Score One for #MeToo?
On January 31, 2019, the New Jersey Assembly approved Senate Bill 121. The vote was 64 in favor, four against. There were four abstentions. S 121 was approved in June 2018 by the New Jersey Senate, by a vote of 34 to one. The bill now goes to Governor Phil Murphy, who is expected to […]
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