While the New Jersey area has yet to see significant snowfall, the recent blockbuster totals in the Buffalo, New York area highlight that Mother Nature can wreak havoc on businesses. From
While the New Jersey area has yet to see significant snowfall, the recent blockbuster totals in the Buffalo, New York area highlight that Mother Nature can wreak havoc on businesses. From shoveling sidewalks to paying workers who can’t make it to work, it is important to understand your legal obligations when it comes to avoiding a snow-related lawsuit.
Duty to Remove Snow and Ice
Under New Jersey’s premises liability laws, commercial property owners have a duty to keep sidewalks abutting the property safe for members of the public. The specific legal standard is that the owner of commercial property must “exercise reasonable care” to see to it that the condition of the abutting sidewalk is reasonably safe and does not subject pedestrians to an unreasonable risk of harm. Accordingly, failing to take steps to address the accumulation of snow and ice, such as shoveling, putting down salt, or posting signs, could lead to liability.
“Snow” Days for Employees
The Department of Labor (DOL) considers an absence due to adverse weather conditions, such as when transportation difficulties experienced during a snow emergency prevent workers from getting to work even though the employer is open for business, an absence for personal reasons. In such cases, the DOL advises that employers may lawfully deduct one full-day’s absence from the salary or leave bank of an exempt employee. If the office is officially closed due to snow, salary deductions are not authorized. The employer can, however, require the employee to use vacation time or other accrued leave to cover missed time.
Contract Clauses
Snowy roads and icy runways can also prevent businesses from delivering goods or performing services on time. In these cases, it is important to determine if the applicable contract has a force majeure clause, which relieves the parties from performing their duties under the contract in circumstances deemed beyond their control that make performance inadvisable, commercially impracticable, illegal, or impossible. Examples include natural disasters like hurricanes, floods, earthquakes, and other “acts of God.” If your contract does not contain a force majeure provision, you will have to rely on the common law contract remedies, such as impracticability and frustration of purpose, which are typically much less favorable.
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?
Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]
Why Every Business Should Conduct an Annual Insurance Coverage Review
Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)
Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]
Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]
Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool
For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
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