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New Jersey Adopts “Ban the Box” Law

On August 11, 2014, New Jersey joined a growing number of “ban the box” states when Governor Chris Christie signed into law the Opportunity to Compete Act. The Act, which goes into effect on March 1, 2015, precludes public and private employers with 15 or more employees from asking about a job applicant’s criminal record until aft...

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Surprising Shakeup in Construction Lending: New Law Kisses Kessler Goodbye

On July 9, 2014, Governor Tom Corbett signed into law Act 117 of 2014 which amends the Mechanics’ Lien Law to grant lien priority to open-end mortgages over mechanics’ liens, provided that sixty percent (60%) of the proceeds of such mortgages are used for construction costs. This amendment clarifies the 2012 Superior Court of Pennsylva...

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Real Estate Tax Liens Attach to Persons, Not Just Property

In 2013, the Pennsylvania legislature passed an amendment to the Municipal Claim and Tax Lien Law (Act No. 93 of 2013, the “Amendment”), designed to give municipalities and school districts improved means of collecting tax revenue. The Amendment permits a taxing district to enforce a claim for property taxes “as a lien against rea...

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Beyond the Shale

Zoning Implications for Municipalities: Robinson Township, et. al v. Commonwealth of Pennsylvania

Much has been made of the Pennsylvania Supreme Court’s recent decision in Robinson Township, et. al v. Commonwealth of Pennsylvania as it relates to Marcellus Shale and who - the Commonwealth or the local municipality  - can regulate the drilling for such shale. However, it is extremely important to realize that the Court’s decisio...

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New Gender Equality Notice Issued for New Jersey Employers

The New Jersey Commissioner of Labor and Workforce Development recently issued the official notice poster (the “Notice”) informing employees of their right to be free from gender-based discrimination in pay, compensation, benefits, and other terms and conditions of employment.  The poster is currently available in English and Spani...

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BEWARE OF THAT LEASED PHOTOCOPIER: THE PHI YOU DIDN'T KNOW YOU HAD

You might be rejoicing at the thought of returning your old worn down leased photocopier and replacing it with the latest state of the art improvement in photocopier technology. But, little did you know that your old photocopier could inadvertently subject your organization to violations of the Health Insurance Portability and Accountability Act ("HIPAA"), which may result in substantial financial penalties.

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New Jersey Prohibits Employers From Demanding Social Media Passwords

On August 29, 2013, New Jersey became the twelfth state to enact legislation prohibiting employers from conditioning employment on access to an employee's personal social media account. The new law takes effect on December 1, 2013. Under the law, an employer may not require or request any employee or prospective employee to disclose the user name,...

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Bankers Beware: A Term Sheet Might Be a Contract

A recent decision by the Pennsylvania Superior Court has lenders concerned that the common practice of exchanging  term sheets with  potential borrowers could saddle  them with unintended contractual obligations. In County Line/New Britain Realty, LP v. Harleysville National Bank and Trust Company, the Superior Court affirmed a trial...

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New Jersey Requires Leave for Victims of Domestic Violence or Sexual Assault

Beginning on October 1, 2013, the New Jersey Security and Financial Employment Act (“NJ SAFE Act”) will require public and private employers in New Jersey with 25 or more employees to provide up to 20 days of unpaid leave, within a 12 month period, to an employee who is the victim of domestic violence or sexual assault.  The unpaid...

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State Tax Incentives for New Jersey Businesses and Developers: New Jersey State Legislature Passes Economic Opportunity Act of 2013

After several months of revisions and debate, the New Jersey Economic Opportunity Act of 2013 (the “Act”) has been passed by both houses of the New Jersey state legislature and was signed by Governor Chris Christie on September 18, 2013.  Under the auspices of the New Jersey Economic Development Authority (the “EDA”), t...

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