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In a long-awaited decision, the New Jersey Appellate Division ruled in favor of Jim Prusinowski’s client, JerseyShore Reporting, that court reporters working in New Jersey through a court reporting agency, are exempt from contributing to unemployment taxes because they are not employees. Since 2013 the New Jersey Department of Labor has claimed that a court reporting agency, Jersey Shore Reporting, (and all court reporters in the state) was liable to the New Jersey Unemployment Compensation fund for thousands of dollars,…
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EMPLOYERS: GET READY TO BE INTERACTIVE PART II As mentioned in a previous post, the ADA prohibits discrimination against individuals who have a disability. Employees who have a disability have the right to request reasonable accommodation. When the disability is obvious, the right to a reasonable accommodation is triggered even without an employee’s request. The first step in addressing a request for accommodation is the “interactive process.” The first step in the interactive process is recognizing that the employee has…
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REASONABLE ACCOMMODATION OR UNDUE HARDSHIP? PART I The Americans with Disabilities Act prohibits discrimination against individuals with disabilities. Individuals who have a disability fall into at least one of the following three categories: (1) the employee who has a physical or mental impairment that substantially limits one or more major life activities; (2) the employee who has a history or record of such an impairment; or (3) the employee who is perceived by others as having such an impairment. An…
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In our discussions with business owners, we are often asked about whether their company can have employees enter into restrictive covenants.
• Are non-competes legal?
• What must be in a non-compete agreement for it to be enforceable?
• What is considered a legitimate business interest that can be protected through a restrictive covenant?
• When would a court consider a non-compete agreement to be improper?Steve Trimboli reviews the status of restrictive covenants in New Jersey and answers many of the questions our office gets regarding them.
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This video provides business owners insights on how to terminate an employee professionally and provide significant protection for the business using a ‘Separation Agreement’. Creating a ‘Separation Agreement’ with confidentiality clauses and release terms can offer the business a peace of mind because it offers protection to your company from future claims. This video is essential viewing for any business aiming to manage staff changes with integrity and foresight.
