Hospitality Franchising in NJ – Proposed New Law
Identical bills pending in the New Jersey Legislature propose major changes to the Franchisor – Franchisee relationship in the hospitality industry. Among the provisions of S3762 and A2682 are the following: a. Non-competition agreements for locations outside the...
Proposed New Hospitality Law in New Jersey Sneaks Franchising Into the Consumer Fraud Act
New Jersey has separate laws regulating the franchise industry and consumer practices. These are the “Franchise Practices Act” (N.J.S.A. §56:10-1, et seq.) and the “New Jersey Consumer Fraud Act” or “NJCFA” (N.J.S.A. §56:8-1, et seq.). Courts have held that...
Words Matter
Microgem v. Homecast. Homecast was represented by Alan L. Poliner. When the U.S. switched from analog TV to digital TV, analog sets would become useless for over the air television unless a Set-Top Converter was used. The U.S. had a program for every household to get...
What You And Your Business Need To Know About COVID-19 Temporary Laws
In March 2020, in response to the COVID-19 pandemic, the U.S. government expeditiously signed into law historic, temporary measures to provide certain employees mandatory paid sick and family leave if the leave was related to particular COVID-19 related absences from...
Attention New Jersey Residents Working in New York: Can New York Tax Employees While Working Remotely From New Jersey?
Lawful or not, it is happening, but New Jersey has joined New Hampshire’s efforts to preclude taxation upon employees working remotely from another state. With millions of employees working from home because of COVID, what are the tax consequences when the employee...
Mandatory Vaccinations: To Require or Not Require, that is the question
The COVID-19 pandemic has altered life as we know it. As we have heard many times, the “new normal” is our reality now. The COVID-19 pandemic has created numerous issues that touch almost all aspects of society and our economy. As a result, there have been many...
Who Decides Arbitrability, the Arbitrator or the Court? A Domino’s Pizza Driver is Asking the Supreme Court for Clarification
Arbitrability is whether or not a dispute should be resolved in a Court of Law, or by an Arbitrator. But why is it important who makes the decision of arbitrability? Some attorneys believe that an Arbitrator is more likely to decide in favor of Arbitrability rather...
Homeowner’s Property Line Lawsuit Against Neighbor Not Precluded By Settlement With Title Insurance Company
In a recent New Jersey case, the Appellate Division upheld a homeowner’s right to sue her neighbor, despite an insurance settlement. In Leonard v. Panitch1 Cheryl Leonard sued her neighbor Pera Panitch for encroaching over the property line and onto Leonard’s...
Are Franchisees Now Employees Under New California Law?
A lawsuit[1] filed November 16, 2020 by the International Franchise Association (IFA) against the State of California seeks to declare that franchisees are not employees. In the gig economy, many lawsuits were filed in California in an effort to have “independent...
COVID-19 Doesn’t Discriminate: The Effects Are Felt on All Aspects of Society
As we enter the eighth month of the COVID-19 pandemic, the world looks vastly different than it once did. The majority of US students are still attending school virtually or in a hybrid approach, erasing what we once thought of as “regular school hours.” Economic and...
Gender Identity Harassment and Discrimination
Currently, about 21 state laws make it unlawful to permit harassment or discrimination in employment based on gender identity and expression and sexual orientation. New Jersey is one of those states and has been ahead of the current legal curve in that gender identity...
Video Conferencing Etiquette: It is all Live!
In the wake of the pandemic, and the corresponding restrictions, Zoom, Skype, Facetime, Hangout, Microsoft Teams, and other video conferencing applications have allowed virtual meetings, ceremonies, social gatherings, and information sharing sessions to occur. As much...
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