Resources

If your business has ever been the target of a complaint from the Division on Civil Rights (“DCR”) or Equal Employment Opportunity Commission (“EEOC”) you may be familiar with defending yourself or your business before the DCR or EEOC. Generally, the DCR and at time the EEOC are charged with enforcement of the New Jersey Law Against Discrimination. As you may know, the Law Against Discrimination is a broad statute that protects individuals and employees from discrimination in employment, among other arenas.

Family leave is a broad phrase that impacts almost every business in New Jersey.

What many businesses fail to recognize is that there are two acts to follow, not one.

New Jersey has legislation called the New Jersey Family Leave Act (“NJFLA”).
Federally, there is the Family and Medical Leave Act (FMLA”).

Although most assisted living facilities are aware that they are required to have written resident agreements, many assisted living owners and administrators fail to appreciate the significance of having an updated resident agreement that accurately represents your business interests. It is this author’s humble opinion that this is the single most important document in the long-term care industry. Frequently, clients approach me after a problem has arisen; however, it is lways recommend that clients consult me as early as possible to avoid issues regarding interpretation. Keep in mind, any benefit of the doubt will favor the resident.

Restrictive covenants come in several forms such as confidentiality agreements, covenants not to compete (non-competition agreements), and non-solicitation agreements. Generally, these agreements are enforceable in New Jersey. However, the enforceability of these agreements varies depending upon the conduct that the employer wants to restrict and the manner in which they intend to restrict the conduct.