YOUR GOALS, OUR GUIDANCE, ONE DIRECTION

Speak with an Attorney: 201-391-3737

Price, Meese, Shulman & D’Arminio, P.C. Blog

Frederic M. Shulman graduated from Columbia Law School in 1979, where he was an editor of the Human Rights Law Review. From 1979 through 1990, he practiced law in New York City, concentrating in both commercial litigation and commercial transactional matters. He is a member of the New Jersey, New York and Washington, D.C. bars, and his practice is ...active in both New Jersey and New York. More

Non-Resident Employees May Sue Under the New Jersey Law Against Discrimination

          New Jersey’s Law Against Discrimination[1], commonly known as the “LAD,” prohibits discrimination against New Jersey inhabitants because of race, creed, color, national origin, ancestry, age, sex, gender identity or expression, sexual orientation, marital status, familial status, disability, military status or nationality in connection with matters of employment, public accommodation, public housing or the sale or leasing of real estate.  More specifically, it is often the principal basis for the assertion of claims based upon age or sexual discrimination brought against New Jersey employers by their in-state employees.

Continue reading
  304 Hits
304 Hits

Employee's Waiver of Compensation Claim Against Employer's Customer Held Unenforceable

           In any number of situations involving off-site premises employment, employers often require as a condition of employment that the employee agree to waive potential claims for personal injuries against the owner of the premises where the employee will be working.  Computer technicians, entertainers, security personnel and temporary help workers are among those categories of employees who are often singled out for this treatment, often as either a requirement of the employer’s customer or, perhaps, as the employer’s incentive to secure the work from its customer.  The New Jersey Supreme Court has just ruled that, whatever the reason, the courts in this state may not enforce such a waiver, thereby permitting the employee to proceed against the customer for personal injuries sustained on the customer’s premises as a result of the customer’s negligence or other breach of duty.

Continue reading
  410 Hits
410 Hits

Andrew Luck Fans, Beware! You Have No Automatic Right to Renew Indy Colts Season Tickets

Die-hard sports fans, more specifically season ticket holders, almost certainly assume that their game tickets will automatically be renewable from year to year.  As a recent federal court decision (Frager v. Indianapolis Colts, Inc., Dkt. No. 1:16-cv-632-WTL-DML (S.D. Ind. Nov. 9, 2016), aff’d, Dkt. No. 16-4183 (7th Cir. June 22, 2017)) makes clear, however, that is often not the case.

Continue reading
  564 Hits
564 Hits

SMALL (and MEDIUM-SIZED) BUSINESS GENERAL COUNSEL

As a small business owner, you may be familiar with the concept of an in-house general counsel, who is an attorney that is an employee of a company who handles a variety of business-related issues extending across a number of legal disciplines.  The cost of employing an in-house general counsel, while a fixed expense, is often excessive for a small or even medium-sized business.  That is why Price Meese, along with its specialization in a variety of disciplines, has developed an expertise in providing “general counsel” services to smaller companies on an as-needed basis.

Continue reading
  790 Hits
790 Hits

Commercial Loans and the Fair Market Credit

COMMERCIAL LOANS AND THE FAIR MARKET CREDIT

Continue reading
  986 Hits
986 Hits

A Claim Awaiting a New Jersey Plaintiff - Exotic Dancers as Independent Contractors

By Rick Shulman, Member of the Firm

Continue reading
  1284 Hits
1284 Hits

When Is An Independent Contractor Not An “Independent Contractor”?

Many businesses, irrespective of size, seek to expand their workforce by contracting with “independent contractors” rather than growing by employee headcount. In addition to the increased flexibility that an “independent” business relationship may accommodate, companies may seek to grow or conduct business through the use or addition of independent contractors for more mundane reasons – including avoidance of matching payroll taxes, exclusion from employee benefit packages, union rules, or non-applicability of minimum and overtime wage laws.

Continue reading
  1218 Hits
1218 Hits

New Jersey Supreme Court Confirms The Significance Of Timely Notice To Claims-Made Insurers

Although New Jersey is often regarded as a state whose courts will strive mightily to afford a remedy to policyholders seeking coverage from their insurers, a recent decision of the New Jersey Supreme Court has confirmed that it has lines that even it will not cross. The Court’s opinion in Templo Fuente De Vida Corp. v. National Union Fire Ins. Co., (A-18-14, February 11, 2016) highlights the differences between “occurrence” and “claims-made” insurance policies, and the mandatory significance of timely notice under the latter.

Continue reading
  1154 Hits
1154 Hits

Contracts That Provide For Arbitration Also Require An Explicit “Waiver Of Right To Jury Trial”

All contracting parties, whether in the consumer or commercial context, are familiar with agreements which contain a section that provides, in substance, that “any dispute arising out of this Agreement shall be resolved by arbitration.” This provision is intended to guarantee, among other things, that the parties will not be required to bear the perceived additional time, effort and expense of adjudicating their differences in court, or, if a trial is necessary, have the dispute decided by a jury of laypeople. Does such a provision, even if written in plain English, ensure that the right to jury trial has been effectively waived?

Continue reading
  1291 Hits
1291 Hits

Employee Compensation For Meal Breaks

Employee wage compensation suits brought under the federal Fair Labor Standards Acti are proliferating, especially within the context of class or collective actions which are commenced on behalf of large numbers of similarly-situated employees. These claims must be defended vigorously by public and private sector employers because of their potential exposure to substantial damage awards, as well as the significant attorneys’ fees sought by plaintiffs’ counsel under the statute. One of the current focuses of these claims is when, or whether, employees are entitled to payment for their meal periods. A recent decision of the United States Court of Appeals for the Third Circuit, Babcock v. Butler Countyii , has established in the Third Circuit (which includes the states of New Jersey and Pennsylvania, among others) the relevant guidelines under what has been labeled as the “predominant benefit” test.

Continue reading
  1904 Hits
1904 Hits

NJ Supreme Court To Decide Important Construction Defect Case Involving Condominiums

A ruling of the Appellate Division of the Superior Court in July 2015 with far-ranging implications to condominium associations, condominium owners, general contractors, trade subcontractors and their respective insurance companies will be reviewed and perhaps clarified by the state Supreme Court in its 2016 term. That decision, in a matter entitled Cypress Point Condominium Association, Inc. v. Adria Towers, L.L.C., Docket No. A-2767-13T1, held that consequential damages to a condominium’s common areas, and to unit owner property which were caused by defective subcontractor work, could be attributed to the general contractor and, more importantly, covered under that party’s general liability insurance policy.

Continue reading
  1470 Hits
1470 Hits

Contact Us

Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input

Search

Latest Bloggers