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 →

At The Jayson Law Group LLC our Newark business attorneys focus on various types of business contracts and formations. Today we would like to discuss the difference between licensing a business and franchising a business.

Every successful business owner is faced with the decision to invest more capital and grow or stay small. There are inherent risks in growing, but licensing and franchising are two ways through which owners can grow their business while delegating much of the risks and costs to a third party, the licensee or franchisee.  Continue reading →

Previously, The Jayson Law Group LLC discussed the ability of shareholders of a corporation to call into the year meeting. In today’s post we will examine proxy voting. So, what is proxy voting? To help explain it, we are going to give you a situation:

Rachel and Steven are two of many shareholders in Widget Co, a corporation based in New Jersey.  Widget Co. holds its annual meeting every June.  During this year’s June meeting Widget Co. will be voting on a myriad of issues.  Steven will be unable to attend this year’s annual meeting.  Rachel will be attending.  Since Steven knew this, and Rachel and Steven have always agreed on issues pertaining to Widget Co., Steve told Rachel to vote his shares at this year’s annual Widget Co. meeting.

In this situation Rachel is serving as a proxy for Steven in voting his shares. Proxy voting gives the power of attorney to a shareholder to cast the vote of another legal vote holder. Proxy voting requires a signed statement authorizing one person to vote in the signer’s stead. It is used in stock businesses, where shareholders have a monetary interest.  Continue reading →