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Posts by Administrator

  1. Non-Compete and Non-Solicitation Clauses: Why Restrictive Covenants are Uniquely Prohibited from Inclusion in Psychologist Employment Agreements

    By: Cristina N. Hyde, JD Entering an employment contract can be stressful; especially for health care professionals where restrictive covenants are involved. Generally, such restrictions in employment contracts are permissible.  However, in New Jersey, psychologists are a unique subset of health care providers who are prohibited from having non-compete or non-solicitation clauses in their employment…

  2. Consistency is Key: How LLC Operating Agreement Language Can Unintentionally Thwart Estate Planning Intentions

    By: Cristina N. Hyde, JD When drafting incorporating documents, small businesses are commonly encouraged to consider business succession issues upon the death of one of its members.  However, many often do not realize that consistency between an operating agreement and an estate plan is extremely important. In many cases, if a conflict arises between an…

  3. Assembly Bill No. 4521: Savage decision regarding Non-Disparagement Clauses Prompts New Legislation

    By: Cristina N. Hyde, JD Last May, in the case of Savage v. Township of Neptune, the New Jersey Appellate Division determined that a 2019 amendment to the New Jersey Law Against Discrimination (NJLAD), prohibiting non-disclosure or confidentiality provisions in employment contracts and settlement agreements, did not extend to the inclusion of non-disparagement clauses. Four…

  4. United States Department of Labor Proposes New Rule to Help Determine Independent Contractor Status

    By: Cristina N. Hyde, JD Last week, the Wage and Hour Division of the United States Department of Labor (DOL) issued a proposed a new rule meant to modify the existing regulations governing the classification of workers as either independent contractors or employees under the Fair Labor Standards Act (FLSA). The distinction between the two…

  5. New Jersey State Board of Physical Therapy Examiners Provides Clarity on Physical Therapists’ Employment

    By: Cristina N. Hyde, JD On July 28, 2022, the New Jersey State Board of Physical Therapy Examiners (NJSBPT) determined that a New Jersey licensed physical therapist (PT) may be employed by a non-profit corporation or a corporation owned by a non-licensee.  In each case, however, the PT must: Act independently in their practice of physical…

  6. Social Media and Free Speech: What the McVey Case Tells Employers About the Importance of Having a Social Media Policy

    By: Cristina N. Hyde, JD Earlier this year, the Superior Court of New Jersey, Appellate Division, heard the matter of McVey v. AtlantiCare Medical System Inc., and concluded that private employers can terminate employees for social media behavior that contravenes their business interests. On June 17, 2020, only weeks after the death of George Floyd, it…

  7. P.L.2022, C.101: What You Need to Know about New Jersey’s Healthcare Facility Successorship Bill

    By: Cristina N. Hyde, JD On August 18, 2022, Governor Phil Murphy signed the Healthcare Facility Successorship Bill (the “Bill”) into law.  The new law (P.L.2022, C.101) takes effect in mid-November.  Applicable to all sales, transfers and any other arrangements that affect the control of a healthcare entity after the effective date, it’s purpose is to…

  8. “Stay In Jersey” Bill Announced: New Jersey Strikes Back At New York Congestion Tax

    By: Cristina N. Hyde, JD Last month, New Jersey legislators took an important step in solidifying a response to New York’s looming threat of imposing a congestion tax on Garden State commuters.  United States Congressman Josh Gottheimer began sounding the alarm on the Metropolitan Transit Authority’s (MTA) Central Business District Tolling Program (the “Congestion Tax”) as…

  9. No Surprises Act: Treasury Issues Final Rules in Continued Effort to Prevent Surprise Billing for Medical Care

    By: Cristina N. Hyde, JD Last week, the United States Departments of Labor, Health and Human Services, and the Treasury released the latest installment in a series of final rules concerning the implementation of the No Surprises Act (the “Act”).   The Act provides patients with federal protections against balance billing; specifically requiring private health insurance companies…

  10. DOBI Bulletin No. 22-07: Commissioner Warns Real Estate Licensees to Remain Vigilant

    By: Cristina N. Hyde, JD Early last month, the Department of Banking and Insurance (DOBI) issued Bulletin No. 22-07, warning real estate licensees of the importance of continued compliance with the Real Estate Broker and Salesperson Act (the “Act”). Speaking specifically to those functioning as teams and the brokers of record who are managing them,…