work from home legal implications in nj; legal issues working from homeDuring the COVID-19 pandemic, many employers required their employees to work remotely to comply with state mandates and ensure their employees’ and customers’ health and safety. That resulted in a shift in attitudes about work-from-home policies.

What began as a necessity has shifted to a preference. A majority of employees believe that significant portions of their job functions can be performed remotely. Furthermore, most employees wish to continue to work from home at least part of the time. Market factors and employers’ desires to retain their talented, trained employees have resulted in employers implementing remote work policies. Continue Reading Potential Legal Implications of Remote Work Policies

Terminating a franchise can pose several potential pitfalls and expose a franchisor to significant liability. A franchisor may not simply cancel, terminate, or refuse to renew a franchisee for just any reason. In most situations, there must be “good cause,” timely notice, and proper documentation to support the decision. Failure to understand and follow these rules may violate the New Jersey Franchise Practices Act, N.J.S.A. § 56:10-1 et seq. (“Act”) and expose a franchisor to liability for monetary relief and an award of attorney fees and costs to the franchisee.

Continue Reading The How, When, and Why of Franchise Termination in New Jersey

Tuesday Morning Corporation, the discount, closeout home retailer, could be filing for Chapter 11 bankruptcy, reports both Bloomberg and Seeking Alpha.

Shares of the company fell nearly 30% last week. The company has struggled with supply chain bottlenecks.

Continue Reading Is a Tuesday Morning Chapter 22 Bankruptcy Imminent?

Your child’s transition to adulthood is an important time in life. If your child has reached age 18, particularly an adult child traveling to attend school or work, critical legal changes have occurred. At age 18, your child is an adult under New Jersey law, even if they are still living at home. Your adult child now controls their own medical and financial decisions, and a parent’s access to information is restricted. Several documents are available to address these changes and appoint agents to assist your child during this stage of life.

Continue Reading Important Documents to Consider Before Your Child Goes to College

The purpose of this article is to discuss the general process for being appointed the guardian of a loved one or other family member. The process can be simple or complicated depending upon a multitude of factors. This article will discuss the general process; whereas future articles will explore issues that can arise which may render the process more complicated. It is important, however, to understand the general process of obtaining a guardianship before more complex issues can be explored.

Continue Reading How Do I Get a Guardianship

The United States Equal Opportunity Commission (“EEOC”) enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act.

On July 12, 2022, the EEOC announced that employers should take more factors into consideration when choosing whether to screen employees for Covid-19. Now, “employers will need to access whether current pandemic circumstances and individual workplace circumstances justify viral screening testing” for employees in an update to its technical assistance guidance (https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws#A.6). The EEOC found that a “Covid-19 test is a medical examination within the meaning of the [Americans with Disabilities Act].” As a result, if an employer requires mandatory medical tests of employees, they must “be job-related and consistent with business necessity.”

Continue Reading Workplace COVID Testing Must Be “Business Necessity” United States Equal Opportunity Commission Says

CLIS and CI are the first acronyms that will be covered in a series of blogs designed to take some mystery out of the many acronyms in a New Jersey divorce case.

The first forms that must be completed in a divorce are the Confidential Litigant Information Sheet (CLIS) and the Certification of Insurance (CI). These forms contain basic but essential information that is necessary for the Court, the parties or litigants, and their attorneys throughout the divorce process.

Continue Reading The Acronyms of Divorce

This year has brought several interesting changes and important proposals that can affect many estate plans. We have held seminars covering two major issues:

  1. the IRS Proposed Regulations affecting qualified retirement plans and IRAs; and
  2. the Administration’s proposed changes to the Federal Estate and Gift Taxes.

Continue Reading Important Estate Related Proposals and Changes for 2022

McDonald's No Poach Clause in Franchise AgreementsRecently, McDonald’s has been receiving much attention for its closure of restaurants in Russia due to Russia’s aggression into Ukraine. As part of the coverage, news outlets have been reporting on some of the underlying infrastructure McDonald’s invested in as part of its efforts to expand into Russia. As noted in the Washington Post, as part of its Russian expansion, McDonald’s: Continue Reading McDonald’s Closure of Russian Locations Spotlights the Proper Way to Franchise Internationally

Over the next five years, the federal government expects to spend over a trillion dollars on a wide range of infrastructure projects, including road widenings, bridge repairs, and upgrading mass transit and the power grid (to name a few). Some projects will require the government to exercise its power of eminent domain to take private property to create new right-of-way access or expand existing access rights.

Continue Reading Infrastructure Spending’s Impact On Franchise Sites