Currently only 3 states in the Union – California, Massachusetts and Connecticut – require employers to provide employees with mandatory, paid leave when they are affected by injury, illness or contagious diseases. Public health advocates have hailed the proposed measure as a long-awaited and sorely needed measure that will limit the spread of infectious diseases and reduce the burden on the healthcare system. However business groups entrepreneurs, and business owners have expressed their strong opposition to this measure. They claim that this legislation will further increase the costs and legal pitfalls of doing business in New Jersey further damaging an already less than stellar reputation for the state’s business environment.

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Operating agreements are legally binding and enforceable once they have been signed by the members of an LLC, or even orally agreed upon as we’ll cover in greater depth below.  Operating agreements serve as crucially important foundations for LLCs, because as their name suggests, they are used to outline how the LLC will function and manage its finances.  Significantly, a new law called the Revised Uniform Limited Liability Company Act makes important changes which affect what sorts of agreements and contracts are now considered enforceable for New Jersey LLCs. Continue reading →

There has been a growing movement in the United States to “ban the box.” The box in question is a simple yes or no question standard on many job applications, but studies have shown checking yes can be a huge hindrance to finding employment. What box is The Jayson Law Group LLC talking about? The yes or no question – “Have you ever been convicted of a crime?” On August 11, 2014 Governor Christie signed “The Opportunity to Compete Act” (the “Act”) N.J.S.A. 34:6B-11 et seq. into law which will ban the box in New Jersey starting on March 1, 2015. According to the Act, New Jersey will join at least 64 states, counties, and cities which have enacted similar statutes. The Jayson Law Group LLC will dissect the law to inform businesses about what they need to know moving forward when it comes to employee hiring and “banning the box.” Continue reading →

On June 19, 2014 the Superior Court of New Jersey Appellate Division decided Rodriguez v. Raymours Furniture Company, Inc., a corporation, t/a Raymour & Flanigan, Docket No. A-4329-12T3 (June 19, 2014).  At issue in this case was “whether a contractual provision, contained in an employment application, by which the employee waives the two-year statute of limitations applicable to claims against the employer and shortens the period for such claims to six months, should be enforceable.” (Id. 1-2). In other words, could the employer modify the statutes of limitation an employee has to bring an action against the employer. This case was on appeal from the Trial Court, where the trial court ruled in favor of Raymour on a summary judgment motion, finding that an employer can modify the statutes of limitation for employee actions.  Continue reading →

Welcome to The Jayson Law Group LLC’s final post on the Revised Uniformed Limited Liability Company Act’s (“RULLCA”) derivative action rules.  In Part 1 we discussed what a derivative action is and how a derivative action can be brought.  In Part 2 we discussed the proper plaintiff and what the proper plaintiff must allege in the complaint.  In Part 3 we began our discussion of Special Litigation Committees and how they are created.  In Part 4 we will discuss what the Special Litigation Committee does and what happens to the benefits and proceeds from a successful derivative action.  Continue reading →

In Part 1 of The Jayson Law Group LLC’s series on the Revised Uniform Limited Liability Company Act (“RULLCA) we discussed what a derivative action is and how a derivative action can be brought.  In Part 2 of this series The Jayson Law Group LLC discussed the proper plaintiff and what the proper plaintiff must allege in the complaint.  In Part 3 we will discuss the Special Litigation Committee and how they are created.  Continue reading →