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Category Archives: Uncategorized

  1. Proposed FTC Rule Seeks to Promote Economic Liberty: Why Your Noncompete Clause May No Longer be Enforceable

    By: Cristina N. Hyde, JD Last Thursday, the Federal Trade Commission proposed a Non-Compete Clause Rule (the “proposed rule”) that would broadly ban the use of noncompete clauses in employment agreements.  The typical noncompete agreement prevents individuals from working for a competing employer, or starting a competing business, after their employment ends. They also often…

  2. Lifestyle Medicine: NYC and ACLM Resolve to Combat Epidemic of Chronic Disease

    By: Cristina N. Hyde, JD “Chronic diseases are not part of your DNA; they are part of your dinner.”  – New York City Mayor, Eric Adams Last month, the New York City Mayor held a press conference with the American College of Lifestyle Medicine (ACLM) where he announced a $44,000,000 initiative to offer foundational lifestyle…

  3. Restricting Restrictive Covenants: New Legislation Poised to Narrow the Scope of Permissible Restrictions in New Jersey Employment Contracts

    By: Cristina N. Hyde, JD Earlier this year, on May 2, 2022, several New Jersey assemblymen proposed new legislation restricting the scope of non-compete agreements, restrictive covenants, and no-poach agreements in employment contracts.  Recognizing that these restrictions often prohibit competition, impede the development of business, and drive skilled workers to other jurisdictions, Assembly Bill No….

  4. Bought a New Home? Don’t Forget to Update Your Estate Plan.

    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…

  5. 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…

  6. 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…

  7. 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…

  8. 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…

  9. 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…

  10. Executive Order No. 295: Governor Murphy establishes certification program for LGBQT+ – owned businesses

    By: Cristina N. Hyde, JD On May 3, 2022, Governor Murphy signed Executive Order No. 295; requiring the inclusion of LGBTQ+-owned businesses in New Jersey’s existing Minority and/or Women Business Enterprise (M/WBE) program. The M/WBE program, is a certificate program meant to help businesses access contracts with government entities.  Effective immediately, the order requires that…