Employers are often tempted to make inquiries to older employees about their retirement plans. At times these inquiries are motivated by a desire to be prepared for future staffing needs in the event of a retirement, but at others they are driven by a desire to rid the workplace of…
One of the greatest concerns to individuals who are divorcing or contemplating divorce is the possibility that their spouse is hiding or dissipating assets. While such conduct may be the exception rather than the rule such actions on the part of one spouse can have extreme financial consequences to the…
To escape the economic and administrative burdens of the employer-employee relationship, employers increasingly turn to “shared employee” arrangements with Professional Employee Organizations (PEOs), staffing agencies, independent contractors and other third party vendors to supply temporary workers. In doing so, employers typically assume that the third-party provider is the “employer” of…
Section 7 of the National Labor Relations Act guarantees that “employees shall have the right to self-organization, to form, join, or assist labor organizations….and to engage in other concerted activities for the purpose of…..mutual aid or protection….”. The National Labor Relations Board (the “NLRB” or “Board”) has increasingly expanded the…
With the advance of mobile technologies, employers are faced with the growing probability that employees are utilizing these devices to record conversations or other conditions in the workplace. Currently, approximately 38 states, including New York and New Jersey, have laws which permit a party to surreptitiously record a conversation if…
Recent changes to OSHA’s posting requirements have narrowed the list of employers required to report the occurrence of significant injuries in the workplace. Among the list of newly covered industries that were once previously exempt from posting requirements are tire stores and service centers; automobile dealers; bakeries; beer, wine, and…
New Jersey’s General Corporations law establishes an important statutory remedy for oppressed minority shareholders in a closely held corporation. It is critical to understanding your rights as a shareholder, however, to understand who is considered under the statute to be a minority shareholder. You may well think, I own 50%…
In its recent decision in Murphy Oil USA, Inc., the National Labor Relations Board (NLRB) reaffirmed its earlier decision in D.R. Horton, Inc., that requiring employees as a condition of employment to waive their right to bring class, collective or joint actions violate the National Labor Relations Act (NLRA). The…
New Jersey’s General Corporations law provides a statutory remedy for oppressed shareholders in a closely held corporation. N.J.S.A. 14A:12-7 that so long as a corporation has 25 or fewer shareholders, then any shareholder can bring an action in New Jersey Superior Court seeking dissolution of the corporation when “the directors…
Tax season is now descending upon all of us and for individuals either planning to file for divorce, or those who are presently in the midst of divorce litigation, understanding how your current marital status can impact your tax liability is of significant importance. While each individual’s specific circumstances are…