New Jersey Business Law Blog

A labor dispute is not good for anyone, neither workers nor employers. Therefore, it is better to avoid such disputes whenever possible. Nevertheless, a proposed law that New Jersey's State Assembly recently approved would charge all employers five cents per worker per year to create a special fund allowing workers in the private sector access to coverage in the event that a labor dispute keeps them out of work for a prolonged period of time. 

The fund would provide a safety net of sorts for workers who see health benefits for themselves and their families canceled due to a work stoppage resulting from a labor dispute. Workers so affected to could apply for funds to defray the cost of COBRA coverage. However, the law would impose some limitations. For example, if a strike preceded the work stoppage, employees would not be eligible for benefits.

Most of the time, employment in New Jersey is at-will. This means that you or the employee may terminate the relationship at any time for any reason. Generally, you do not create an employment contract for most employees. However, there is something called an implied contract that you could put in place without even realizing it.

According to The Business Journals, you may create an implied employment contract by accident because it does not need to be in writing or even formally created. Generally, it occurs when you make some type of guarantee or promise. For example, if you tell a person during the hiring process that he or she will get pay raises each year, then this is a potential contract. You are making a promise and you must keep it.

At Nicoll Davis & Spinella, LLP, in New Jersey, we represent many entrepreneurs who have created works of art such as books, paintings, photographs, musical compositions, computer programs, etc. Such intellectual property becomes a valuable asset for these artists, one that needs protection.

It may surprise you to learn that at the moment your creation reaches final tangible form, it automatically gains a copyright. But it likely will also surprise you to learn that if you fail to register your copyright, you have little or no proof that your creation actually belongs to you should someone else seek to claim it as their own.

Your to-do list probably got longer on March 18. That day, Governor Murphy signed a major new law widely seen as an answer to the #MeToo movement's call for more openness about discrimination, harassment and retaliation in the workplace.

Known as S121, it bans non-disclosure agreements in employment contracts or settlements that aim to hide details of discrimination, retaliation or harassment claims.

The law means major changes for New Jersey employers and raises important legal questions. It's effective as of March 18, 2019, so employers would be wise to review all contracts and settlements with employees signed, renewed or changed after that date and moving forward.