Daycare Center Where Toddler Drowned in 2014 Was Not Licensed as Required by Law

The story has since dropped fallen from the front page, but when the November 2014 death of a 15-month old boy at his daycare initially occurred, it ignited a firestorm of controversy and outrage. When it came out that the facility was not licensed as required by state law, fuel was only added to the debate. Nearly everyone had an opinion about the case with viewpoints at one extreme including those supporting murder charges against the individual to those, at the opposite extreme, who felt that the government had no role to play in the oversight of the facility. However, regardless of one’s personal views, this matter provides an important lesson for New Jersey small business owners providing childcare services.

Continue reading

New Jersey Car Dealerships Must Navigate an Array of Regulatory Laws or Face Harsh Penalties

In New Jersey there are an array of consumer protection and regulatory laws that businesses must always be accounted for in all business plans.  These laws and regulations include the Automotive Sales Regulations, the New Jersey Consumer Fraud Act, the Motor Vehicle Advertising Regulations, the Used Car Lemon Law, New Car Lemon Law and relevant Lemon Law regulations. Dealerships that fail to adhere to these standards can face harsh regulatory action, or in the case of a serious violation, criminal charges.

Continue reading

New Jersey Bar Agrees to Half-Million Dollar Fine after Overserved Patron’s Fatal Accident

While many would claim that this all began on an August day in 2013, it is likely that the seeds of employee behavior that contributed to the tragic death of Ashley Chieco and the severe injuries to motorist Dana Corrar were planted much earlier. As reported by NJ.com and other media sources, Ms. Chieco purchased her first drink at 11:07 a.m. and began drinking at Point Pleasant beach before noon. She did not eat the entire day. Throughout the course of the day bartenders at Martel’s beachside bar served Ms. Chieco a number of vodka-based mixed drinks.

At around 5 p.m., Ms. Chieco left the bar and headed out to the parking lot. While the parking lot was staffed, vehicles were not secured. At the attendant’s request, patrons had left vehicles with keys in the ignition. However these vehicles were either not being closely supervised or they were unsupervised. In her state, Ms. Chieco managed to climb into an SUV that had a similar appearance to to hers, despite not driving to the beach that day, and she drove away.

Continue reading

What is the Next Step for a Landlord after Obtaining a Judgment for Possession?

As a conscientious and understanding landlord you gave your tenant every last chance that was possible. You tried to work with them informally and then you sent formal letters or notices detailing their noncompliant acts and asking them to stop. Without any other option and even though it gave you no pleasure to do so, you filed a lawsuit against the tenant to regain possession of your premises. Then, even in the courthouse on your day of trial you were more than willing to meet with a mediator and attempt to bridge the gap and work things out. But, the tenant wanted to play hardball and, hence, the landlord-tenant matter proceeded to trial.

Continue reading

Home Improvement Contractors: Get Compliant or Face Fines and Penalties

Your general contracting company performs solid work and you always do what it takes to satisfy your customers. But sometimes there are customers who simply do not have reasonable expectations for their project or those customers who attempt to take advantage of your good-faith approach to business. Even when you have done your best to correct the concern, a dissatisfied customer may decide to file a complaint with the New Jersey Division of Consumer Affairs. Depending on the nature and level of severity regarding the complaint, your business could then receive a Notice of Violation from the state.

Continue reading

What should a landlord expect on trial day?

A landlord will often undertake extensive measures to resolve a conflict or other problems a tenant may be experiencing or creating to avoid the time and cost of legal action. However in some instances, legal action against a tenant is the only option and the courts will be an essential element in enforcing the landlord’s rights. However, many landlords are hesitant to take on legal action because they have heard horror stories about the legal or process or they believe that the legal process will not protect their rights. It is true that landlords can place themselves in difficult situations if they file lawsuits without understanding the legal process, but these situations were created by the landlord’s lack of legal knowledge and guidance. Landlords who play by the rules and who can provide sufficient evidence to prove their claims will typically find relief from the courts and an important asset for their business.

Continue reading

How Should a Landlord Prepare for Trial against a Current or Former Tenant?

If you are a landlord, you understand the difficulties and hassles that having tenants can entail. And yet, without tenants your business would be unable to continue. But despite the necessity of tenants, certain individuals can cause damage to the property, engage in unlawful or dangerous activities on the premises, fail to pay their rent in a timely manner, or engage in other behaviors that can significantly affect others living or working in your building.  While a landlord will try to work things out with the problem tenant, in some cases the tenant simply will not cease the unwanted behavior. In situations like these, the landlord may be left with no option but to bring legal action to evict the tenant or to recover damages for the property or other damages incurred.

Continue reading

Will Traffic Cameras Make a Return in Newark and Other New Jersey Cities?

The red light traffic camera ticketing program began its life in New Jersey in 2008 as a pilot program. The program was originally limited to only the cities and municipalities of East Brunswick, Roselle Park, and Newark. In 2009, nine municipalities were approved to install these traffic enforcement devices. By the end of the program in December 2014, about 24 towns and cities had signed on for the program. According to red light traffic camera data provided by PhotoEnforced, these towns included:

Continue reading

New Jersey’s Long-Term Unemployment Rate Is One of the Highest in the Nation. Will Entrepreneurs or Established Businesses Lead the Way Out?

New Jersey is not known as a particularly business friendly state. It seems that hardly a quarter goes by without a chamber of commerce or business organization remarking on the state’s high costs of doing business, excessive regulations, and other undesirable features of the state. What these individuals often forget to mention is that the state is still home to economic opportunity. It is uniquely and strategically positioned on the I-95 corridor and is located between the major metropolises of New York City and Philadelphia. The state also boasts world-class colleges and universities that have led to the growth of one of the largest enclaves of pharmaceutical companies in the world and a burgeoning technology start-up sector.

Continue reading

Drafting a Business Succession Strategy can Guide & Preserve Your Family Company for the Next Generation

The family business has always played an essential part in the American economy. The Jayson Law Group is proud to assist start-up companies with formation issues and well-established family businesses in New Jersey  In fact, according to statistics compiled by the Small Business Administration for 2011, 90 percent of all businesses in North America are family-based. Furthermore, family businesses account for 62% of all jobs in the United States. In 2003, the national federation of Independent Business found that there were  1.2 million husband and wife teams running companies in the US.

Continue reading