By: Cristina N. Hyde, JD As a rule, all adults should have a written plan in place that clearly defines their wishes regarding the distribution of their property. This plan, known as an estate plan, is meant to provide clear instructions regarding the distribution of wealth in the event an individual is involved in a…
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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…
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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…
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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…
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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…
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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…
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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…