
Joel N. Kreizman
Partner
732-568-8363 jkreizman@sh-law.comFirm Insights
Author: Joel N. Kreizman
Date: December 10, 2014
Partner
732-568-8363 jkreizman@sh-law.comWhile 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.
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.
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.
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.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
Author: Christopher D. Warren
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Author: Dan Brecher
Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]
Author: Bryce S. Robins
Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]
Author: Dan Brecher
For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]
Author: Bryce S. Robins
Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]
Author: Matthew F. Mimnaugh
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!