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July 2013 Archives

Can spouses waive retirement benefits in pre- or postnups?

Retirement accounts are among the more complicated assets to divide during a New Jersey divorce. This is not only because a lot is at stake when divvying up pension and 401(k) accounts, but also because such plans are often governed by federal law. Furthermore, retirement plans themselves may have their own tedious requirements for updating

New Jersey employers must give leave to domestic violence victims

Back in May, we noted that the New Jersey Assembly was working to provide leave rights to victims of domestic violence. Last week, legislation was signed into law to accomplish that. Under the New Jersey Security and Financial Empowerment Act, New Jersey employers must provide victims of domestic or sexual assault with 20 days of

Court confirms someone can be fired for being too attractive

Late last year in this New Jersey employment law blog, we discussed the Iowa Supreme Court ruling that stated employers may fire workers because of their looks. The controversial ruling stemmed from a case involving a male dentist who fired his female dental assistant because she was just too attractive to have around the office. The

New Jersey revises prenuptial agreement law

A number of New Jersey couples choose to enter into prenuptial agreements before they marry. A prenuptial agreement allows couples to stipulate how their assets and property would be divided in the event of divorce. Without a legal prenuptial agreement in place, the division of assets takes place according to state law. Like any type

Study: Pregnant low-wage workers face high risk of discrimination

Pregnant New Jersey women are protected from employment discrimination by several federal laws. Among them are the Pregnancy Discrimination Act, the Americans with Disabilities Act and the Family and Medical Leave Act. However, despite the fact that treating a worker unfairly because she is pregnant is very clearly illegal, a number of employers continue to

Why aren’t more New Jersey men receiving alimony?

The debate over alimony reform in New Jersey has gone on now for some time. Proponents for reform generally want to put a stop to lifetime spousal support, as well as limit the discretion that judges have in deciding the amount and length of alimony. Most supporters of alimony reform tend to be men, which

1,127 parents arrested for skirting child support in New Jersey

The Sheriff’s Association of New Jersey recently held its annual Child Support Warrant Sweep and the effort led to more than 1,100 arrests throughout the state. Sheriff’s officers, in collaboration with a variety of other agencies in the state, canvassed New Jersey from June 18 to June 20, arresting people who either failed to pay

Supreme Court rulings limit employee rights in New Jersey

Two employment law cases that were before the U.S. Supreme Court have recently been decided. Unfortunately, the high court’s decisions in both cases have the potential to significantly limit the rights of employees here in New Jersey and throughout the country. The court’s decisions have effectively made it much more difficult for employees to hold

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