Gebhardt & Kiefer Family Blog http://www.gklegal.com/blog/ recent posts en-us Sat, 24 Aug 2019 10:48:33 -0500 Wage Theft Act – the Latest Law Impacting Employers in NJ http://www.gklegal.com/blog/wage-theft-act-the-latest-law-impacting-employers-in-nj/ 2019-08-21 00:00:00 http://www.gklegal.com/blog/wage-theft-act-the-latest-law-impacting-employers-in-nj/ Employers: Asking Job Candidates About Salary History Will Soon Be Illegal in NJ http://www.gklegal.com/blog/employers-asking-job-candidates-about-salary-history-will-soon-be-illegal-in-nj/ With the signing of Bill A1094 into law on July 25, 2019, New Jersey has followed in the footsteps of several other states by prohibiting employers from inquiring about job applicants’ prior earning history. The new law goes into effect on January 1, 2020, and pertains not only to wages, but also other employment-related compensation and benefits.

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2019-08-09 00:00:00 http://www.gklegal.com/blog/employers-asking-job-candidates-about-salary-history-will-soon-be-illegal-in-nj/
Exhaustion of Remedies No Longer Required in Constitutional Takings Cases http://www.gklegal.com/blog/exhaustion-of-remedies-no-longer-required-in-constitutional-takings-cases/ In Knick v. Township of Scott, Pa. (No. 17-647), decided June 21, 2019, the U.S. Supreme Court overruled the longstanding precedent set forth in Williamson County v. Hamilton Bank (1985), which required a plaintiff bringing a claim under the Civil Rights Act of 1871 (Section 1983) for unconstitutional taking of private property to first exhaust state and local remedies.

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2019-07-12 00:00:00 http://www.gklegal.com/blog/exhaustion-of-remedies-no-longer-required-in-constitutional-takings-cases/
New Jersey’s Expanded Medical Marijuana Law Presents Serious Implications for Employers http://www.gklegal.com/blog/new-jersey-s-expanded-medical-marijuana-law-presents-serious-implications-for-employers/ New Jersey’s marijuana legislation has been in a constant state of flux for more than a year. Prior to July 2, 2019, New Jersey’s medical marijuana law allowed individuals who received a valid recommendation from a physician to purchase, possess and consume cannabis, but failed to provide any protection for medical marijuana users in the employment arena. In fact, the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:61-1, et seq. (CUMMA), specifically did not require an employer to accommodate a medical marijuana user. That all changed on July 2, 2019, when Governor Phil Murphy signed a bill that expanded the State’s medical marijuana program in significant ways.

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2019-07-09 00:00:00 http://www.gklegal.com/blog/new-jersey-s-expanded-medical-marijuana-law-presents-serious-implications-for-employers/
Divorce and Equitable Distribution of Restricted Stock http://www.gklegal.com/blog/divorce-and-equitable-distribution-of-restricted-stock/ In one of my recent divorce cases, the following question arose:  “Would a portion of restricted stock, which vests after the date of the complaint for divorce, be subject to equitable distribution, if the vesting is contingent upon post-complaint employment efforts?”

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2019-07-01 00:00:00 http://www.gklegal.com/blog/divorce-and-equitable-distribution-of-restricted-stock/
Is the Cost of a Child’s Car Considered Child Support in NJ? http://www.gklegal.com/blog/is-the-cost-of-a-child-s-car-considered-child-support-in-nj/ Clients often ask if the cost of a child's car is considered child support in NJ.  No, the expenses for the purchase of a child’s car and any associated costs are NOT considered to be part of basic child support under the NJ Child Support Guidelines.

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2019-06-24 00:00:00 http://www.gklegal.com/blog/is-the-cost-of-a-child-s-car-considered-child-support-in-nj/
A Moral Obligation Versus a Legal Obligation http://www.gklegal.com/blog/a-moral-obligation-versus-a-legal-obligation/ As a divorce attorney, I often have clients who question whether their spouses should or should not do something.  This may have to do with the finances or the children, but it is a common question.  Many times, the answer has to do with the difference between a moral obligation and a legal obligation. 

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2019-05-30 00:00:00 http://www.gklegal.com/blog/a-moral-obligation-versus-a-legal-obligation/
Taxes & Divorce - Ten Tips to Consider http://www.gklegal.com/blog/taxes-divorce-ten-tips-to-consider/ The new tax law changes (Tax Cuts and Jobs Act of 2017) expire in 2025. This needs to be a consideration in drafting divorce agreements, as these changes may affect what is agreed upon now.

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2019-05-20 00:00:00 http://www.gklegal.com/blog/taxes-divorce-ten-tips-to-consider/
Why Must I Compromise to Finalize My Divorce? http://www.gklegal.com/blog/why-must-i-compromise-to-finalize-my-divorce/ Approximately 97% of divorce cases settle.  Settlement can come easily at the early stages of a case or on the eve of trial, but it is more likely than not to occur at some point in every divorce case.  For settlement to occur, BOTH sides need to compromise.  It is not uncommon for both sides to feel that they have “given in” or compromised more than the other.  And, of course, there are certain instances where one party may be more reasonable or willing to compromise in order to conclude the divorce (or to finalize a matter).   

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2019-05-07 00:00:00 http://www.gklegal.com/blog/why-must-i-compromise-to-finalize-my-divorce/
Right-to-Die Law Passed in NJ http://www.gklegal.com/blog/right-to-die-law-passed-in-nj/ 2019-04-18 00:00:00 http://www.gklegal.com/blog/right-to-die-law-passed-in-nj/ Tax Court Rules that Unmanaged Forest Land Does Not Qualify for Farmland Assessment http://www.gklegal.com/blog/tax-court-rules-that-unmanaged-forest-land-does-not-qualify-for-farmland-assessment/ The Tax Court held in Hertz v. Borough of Lincoln Park, Docket No. 009897-2017 (Jan. 8, 2019) that unmanaged forest land does not qualify for farmland assessment.  Pursuant to the Farmland Assessment Act, at least five acres of a property must be “actively devoted to agricultural or horticultural use” in order to be eligible for farmland assessment.  N.J.S.A. 54:4-23.2. 

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2019-04-03 00:00:00 http://www.gklegal.com/blog/tax-court-rules-that-unmanaged-forest-land-does-not-qualify-for-farmland-assessment/
Appellate Division Again Finds that Violations of Local Government Ethics Law Must be Intentional to be Actionable http://www.gklegal.com/blog/appellate-division-again-finds-that-violations-of-local-government-ethics-law-must-be-intentional-to-be-actionable/ 2019-04-02 00:00:00 http://www.gklegal.com/blog/appellate-division-again-finds-that-violations-of-local-government-ethics-law-must-be-intentional-to-be-actionable/ How is an “Overnight” Defined When Determining Child Support? http://www.gklegal.com/blog/how-is-an-overnight-defined-when-determining-child-support/ 2019-03-29 00:00:00 http://www.gklegal.com/blog/how-is-an-overnight-defined-when-determining-child-support/ Governor Murphy Bans NDAs in Sexual Harassment and Discrimination Cases http://www.gklegal.com/blog/governor-murphy-bans-ndas-in-sexual-harassment-and-discrimination-cases/ 2019-03-20 00:00:00 http://www.gklegal.com/blog/governor-murphy-bans-ndas-in-sexual-harassment-and-discrimination-cases/ Appellate Division Finds that Violations of Local Government Ethics Law Must be Intentional to be Actionable http://www.gklegal.com/blog/appellate-division-finds-that-violations-of-local-government-ethics-law-must-be-intentional-to-be-actionable/ 2019-02-27 00:00:00 http://www.gklegal.com/blog/appellate-division-finds-that-violations-of-local-government-ethics-law-must-be-intentional-to-be-actionable/ What a Divorce Trial is Like, and Why You Should Avoid It http://www.gklegal.com/blog/what-a-divorce-trial-is-like-and-why-you-should-avoid-it/ If you have reached the point where your divorce case is going to trial, it means either one or both parties are unreasonable with regard to their position, or there is an obscure legal issue (very rare) that requires the court to decide the matter.  If you are heading to trial, it means that despite multiple opportunities in the court process to settle your case, your case still has not settled.  While the court process is designed to settle the case prior to trial, unfortunately, it does not always happen.

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2019-02-26 00:00:00 http://www.gklegal.com/blog/what-a-divorce-trial-is-like-and-why-you-should-avoid-it/
Appellate Decision Cautions Land Use Board Members Against Ex Parte Communications with Applicants http://www.gklegal.com/blog/appellate-division-decision-cautions-land-use-board-members-against-exparte-communications-with-applicants/ On appeal in Sternas v. DMH2, LLC, A-2051-16T4 (Feb. 4, 2019), the Appellate Division considered whether the Class II Planning Board member, who was also the municipal engineer, had a conflict of interest due to ex parte communications with an applicant. 

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2019-02-25 00:00:00 http://www.gklegal.com/blog/appellate-division-decision-cautions-land-use-board-members-against-exparte-communications-with-applicants/
Governor Murphy Expands Family Leave Law http://www.gklegal.com/blog/governor-phil-murphy-expands-family-leave-law/ On February 19, 2019, New Jersey Governor Phil Murphy signed legislation that significantly expands the existing NJ Family Leave Act (NJFLA), as well as the NJ Family Leave Insurance Law (NJFLI). The new law creates major changes, some of which employers must comply with by June 30, 2019.

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2019-02-25 00:00:00 http://www.gklegal.com/blog/governor-phil-murphy-expands-family-leave-law/
Appellate Division Declines to Apply Heightened Standard to Zoning Ordinances that Contradict State and Regional Plans http://www.gklegal.com/blog/appellate-division-declines-to-apply-heightened-standard-to-zoning-ordinances-that-contradict-state-and-regional-plans/ In Merck Sharp & Dohme Corp. v. Township of Branchburg, A-0843-16T1 (App. Div. Dec. 13, 2018), the Township of Branchburg appealed the trial court’s holding that invalidated a 2008 land use ordinance amendment down-zoning the Merck property. 

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2019-02-20 00:00:00 http://www.gklegal.com/blog/appellate-division-declines-to-apply-heightened-standard-to-zoning-ordinances-that-contradict-state-and-regional-plans/
What Happens If the System Fails Me in My Divorce? http://www.gklegal.com/blog/what-happens-if-the-system-fails-me-in-my-divorce/ The system currently in place for families contemplating divorce is imperfect.  It is not possible for a system based on very specific rules to uniquely or perfectly apply to each individual’s desired outcome.  That defies logic and ignores the multiple personalities at play in each divorce matter (custody, support, removal, paternity, etc.).  The judge, lawyers, clients, children, etc., each have their personal beliefs and experiences that color their opinions, biases, and perspectives.  How then, can a litigant endure this perfect storm with dignity, respect, and the ability to move on and create a new life in the aftermath?

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2019-02-18 00:00:00 http://www.gklegal.com/blog/what-happens-if-the-system-fails-me-in-my-divorce/
New Minimum Wage Passed in New Jersey http://www.gklegal.com/blog/new-minimum-wage-passed-in-new-jersey/ On Feb. 4, 2019, a new minimum wage law was passed that will eventually raise the minimum wage in NJ for most workers to $15.  For the first time the NJ minimum wage has been applied to municipalities and other government agencies. 

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2019-02-08 00:00:00 http://www.gklegal.com/blog/new-minimum-wage-passed-in-new-jersey/
Does a Parent’s “Strained” Relationship with a Child Obviate the Parent’s Obligation to Contribute to College? http://www.gklegal.com/blog/does-a-parent-s-strained-relationship-with-a-child-obviate-the-parent-s-obligation-to-contribute-to-college/ Not according to the Appellate Division in the recent case of Hamilton v. Hamilton[1].  In this January 22, 2019 decision, the appellate division concluded that the father would be required to pay 60% of the child’s college expenses despite a strained relationship with the child.   

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2019-01-29 00:00:00 http://www.gklegal.com/blog/does-a-parent-s-strained-relationship-with-a-child-obviate-the-parent-s-obligation-to-contribute-to-college/
NYC May Be Paving the Way for Employee Wellness with Its Proposed Legislation http://www.gklegal.com/blog/nyc-may-be-paving-the-way-for-employee-wellness-with-its-proposed-legislation/ 2019-01-18 00:00:00 http://www.gklegal.com/blog/nyc-may-be-paving-the-way-for-employee-wellness-with-its-proposed-legislation/ Non-Traditional Benefits that Must be Considered in a Divorce http://www.gklegal.com/blog/non-traditional-divorce-benefits-that-must-be-considered/ You may think that you only need to consider traditional income to determine alimony, child support and equitable distribution, but you may be overlooking significant perks or other benefits that could have a substantial impact on those issues.  Failing to consider these non-traditional benefits could significantly affect your bottom line.  Identifying and discussing these perks and benefits with your attorney is critical.

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2018-12-05 00:00:00 http://www.gklegal.com/blog/non-traditional-divorce-benefits-that-must-be-considered/
How is a Parent’s Contribution to a Child’s College Education Determined in a Divorce Action? http://www.gklegal.com/blog/how-is-a-parent-s-contribution-to-a-child-s-college-education-determined-in-a-divorce-action/ The law in New Jersey requires individuals who have children and get divorced to contribute to their children’s college education as long as they are financially able.  That does not mean the parents have to pay for the most expensive college, or that the parents must split the entire cost of college. 

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2018-11-26 00:00:00 http://www.gklegal.com/blog/how-is-a-parent-s-contribution-to-a-child-s-college-education-determined-in-a-divorce-action/