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Scarinci Hollenbeck remains committed not only to providing top-tier legal services but also to regularly providing information and resources to our client base and internet following. Client Alerts provided by our attorneys supply businesses, municipalities, and more with the latest and relevant legal updates that may impact them and how they might be able to proceed.

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Is Your Start-Up Ready to Hire Employees? Here Are Some Employment Contract Basics

Once your startup is ready to hire employees, it is important to do it right. A written employment contract is recommendable to establish and structure the legal relationship when it you start to hire employees. If artfully drawn, the contract helps to ensure that everyone is “on the same page” when it comes to the […]

Author: Gary S. Young

May 22, 2015

ABC Test Revives Sleepy’s Wage and Hour Suit

Earlier this year, the New Jersey Supreme Court held that the “ABC test” should apply to determine whether a worker is an “independent contractor” for the purposes of the New Jersey Wage Payment Law and the New Jersey Wage and Hour Law. As expected, the decision regarding the “ABC Test” is already having a significant […]

Author: Joel N. Kreizman

May 20, 2015

Three Steps to Becoming a Sports Arena Food Vendor

What if you could catch all the sports you desired with a treasure trove of free food in tow? What if you could do this while making money? Setting up as a sports arena food vendor might sound great, but there is plenty of work to be done before you start selling hot dogs to […]

Author: Gary S. Young

May 13, 2015

Combatting Transgender Discrimination in the Workplace: Are You Doing Enough?

A new gender-neutral bathroom in the White House symbolizes the growing recognition of transgender rights. The new facility coincides with the implementation of an Executive Order that prohibits federal contractors from discriminating on the basis of gender identity. The Order also amends anti-discrimination laws for federal workers by adding gender identity to the list of […]

Author: Jorge R. de Armas

May 1, 2015

Department of Labor Releases Much-Anticipated Fiduciary Rule

After many delays and prolonged anticipation, the Department of Labor (DOL) finally released hotly contested, proposed a new fiduciary rule, which would increase the number of plan service providers falling within the definition of “fiduciary.” If the new fiduciary rule is adopted, financial advisors will be subjected to significantly higher legal standards governing their retirement […]

Author: Gary S. Young

April 16, 2015

NJ Business Hit With $22 Million Judgment for Sending Unsolicited Facsimiles

A New Jersey roofing company is on the hook for more than $22 million dollars in damages for sending unsolicited facsimiles. The class-action suit alleged that the company violated the Telephone Consumer Protection Act (TCPA) by sending more than 4,000 fax advertisements via a marketing company. The Legal Background The TCPA is a federal statute […]

Author: Dan Brecher

April 13, 2015

Do Your Wage and Hour Practices Need a Spring Cleaning?

This spring, monitoring wage and hour compliance should be on top of every employer’s to-do list. Much like cleaning out your garage or reorganizing your closets, it is not a fun job, but the end result is worth it. According to the latest statistics from the Administrative Office of the U.S. Courts, lawsuits alleging violations […]

Author: Jorge R. de Armas

April 7, 2015

Does Your Employee Handbook Pass Muster?

Employers frequently adopt an employee handbook that, despite attempts to provide aspects that distinguish the effort as being personal to that employer, follow well-worn scripts reflecting “conventional wisdom.” Such reliance on well-worn text is being undermined by the recent actions of the National Labor Relations Board’s (NLRB) Office of the General Counsel which recently published […]

Author: Gary S. Young

April 2, 2015

Could Your Online Job Application Lead to an FCRA Violation?

In the digital age, it makes sense to post job openings and allow prospective employees to complete a online job application. After all, most job searches are conducted on the Internet. However, many companies are learning that online job applications can lead to unforeseen liability, particularly when it comes to employee background checks. Dollar General […]

Author: Robert E. Levy

March 30, 2015

NJDOL Publishes “Ban the Box Regulations”

The New Jersey Department of Labor (NJDOL) recently released implementing regulations for the New Jersey Opportunity to Compete Act. As New Jersey employers should be aware, the state’s “ban the box” law took effect on March 1, 2015. Under the Opportunity to Compete Act, New Jersey employers are precluded from inquiring about job applicant’s criminal […]

Author: Jorge R. de Armas

March 12, 2015

Family and Medical Leave Act Now Covers Same-Sex Spouses

All married couples in the United States will soon be able to enjoy the benefits of the Family and Medical Leave Act (FMLA). The U.S. Department of Labor recently issued a final rule that amends the definition of spouse to include all same-sex couples. “With our action today, we extend that promise that no matter […]

Author: Gary S. Young

March 10, 2015

EEOC Enforcement Report Reveals Significant Drop in Charges

While New Jersey employers should probably keep the champagne on ice, the Equal Employment Opportunity Commission’s (EEOC) latest enforcement report is good news. The agency reports that both employment claims and penalties dropped significantly in fiscal year 2014, which ran from Oct. 1, 2013, to Sept. 30, 2014. In total, the EEOC filed 133 lawsuits […]

Author: Dan Brecher

February 13, 2015

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