Not many home improvement contractors get their day at the supreme court. But it happened in New Jersey earlier this year. And there’s a lesson here for residential contractors in many other states. I’ll explain.

Jo Anne and Tom Heath selected Czar, Inc., a Patterson, NJ cabinet shop, to install kitchen cabinets and woodwork in their new home. The Heaths weren’t happy with the cabinets Czar installed and refused to pay. Czar filed suit to collect. To this point, it’s a story you’ve heard many times. But this is where the case got interesting.

The Heaths knew a thing or two about New Jersey home improvement contract law. They knew Czar didn’t have a legal contract. They didn’t have to complain about the job. Instead, they could counter-claim over the contract. The Heaths filed suit in Morris County for damages, alleging violation of the Home Improvement Practices Act.

New Jersey Administrative Code sections 13:45A-16.1 to 16.2 (Home Improvement Practices) and New Jersey Administrative Code sections 13:45A-17.1 to 17.14 (Home Improvement Contractor Registration) require that all home improvement contracts for more than $500 be in writing and include very specific disclosures. Failure to include those disclosures in the written contract is a violation of New Jersey’s Consumer Fraud Act. Penalties include a full refund (New Jersey Statutes Annotated Section 56:8-2.11) or treble damages plus legal fees (New Jersey Statutes Annotated Section 56:8-19).

The Heath’s counter-claim put the case under New Jersey’s Consumer Fraud Act. The Heaths were in line to collect treble damages and their attorney fees – not because of any defect in the cabinets but because of a defect in the contract.

What should have been in that contract?

(1) The legal name, business address and registration number of the contractor.

(2) A certificate of commercial general liability insurance.

(3) The total price including any finance charges.

(4) A notice of the right to cancel.

Omit any of those from a home improvement or home repair contract and you’ve dropped into New Jersey’s Consumer Fraud Act: full refund, triple damages plus attorney fees.

Unfortunately for contractors, New Jersey isn’t unique in this respect. Many states give owners the right to collect for a defective home improvement or home repair contract: Texas, Oklahoma, Arkansas, Illinois, Indiana, Tennessee, Ohio, Maryland, Pennsylvania, Connecticut and Massachusetts come to mind.

As for Czar, Inc. I doubt they got much satisfaction out of their day at the Supreme Court. The Heaths won, of course. It was an expensive lesson for Czar, Inc. Legal fees on the way to the New Jersey Supreme Court can run many times the cost of kitchen cabinets. Which proves a point I’ve made more than once on these pages: When a job goes bad, you better have a good contract.

Gary W. Moselle is a California attorney specializing in state-specific construction contracts. He makes available letter-perfect home improvement and repair contracts that comply precisely with New Jersey law at http://www.NewJerseyConstructionContract.com

Article Source:

http://EzineArticles.com/?expert=Gary_Moselle

Some of the most common workplace issues in Los Angeles stem out of the lack of knowledge of employee rights under federal and California state laws.

Most of the time, employers are not even aware that some of their actions are already undermining the rights of their employees in the workplace.

This leads to some conflict and it can affect the performance of the employees or it can create a stressful working environment.

To avoid such conflicts, employers can familiarize themselves on certain rights of their employees in the workplace.

Here are some of the most common workplace issues:

• Overtime

Under the law, employees are only required to render 8 hours of work per day or the equivalent of 40 hours per week.

Any work done beyond the 40 hours already rendered by the employee should be paid as overtime.

• Unpaid / Delayed Salary

It is the employer’s duty to pay their employees on time under the terms of California state laws.

If an employee’s salary is delayed, the employer may be violating state laws.

The employee can also report the incident with the state labor department.

• Other Duties as Required

Although most job descriptions includes the line “other duties required”, it is generally understood that it should not take more than five percent of the total working time.

Other duties should also fall within the skill range of an employee and should not involve duties that they are not trained for or is out of the normal range of duties of the employee.

An example would be asking a programmer to clean the toilet. That is a clear “duty” that is out of the programmer’s skill range.

• Transfers

Another workplace issue is when an employee is forced to transfer to another position either temporarily or permanently.

Requests for transfers should be a mutual agreement between the employer and the employee.

The employee can choose to decline the position unless the previous position was abolished and the employee is being redeployed.

• Sudden changes in work practices

It is generally required that employees should be notified at least one month before any changes in the workplace.

And even then, the changes should not result in an unreasonable increase in workload, unfair changes in the roster, and additional higher level of duties without equivalent additional compensation.

TAKE ACTION

If you encountered any of the workplace issues above, you can follow some of these tips to have an idea on how to handle such situations.

• Review the terms of your employment contract. From there you may see if certain terms of the agreement have been violated.

• If you are part of a union then you can report your experience with them as well. A union’s main purpose is to take care of the welfare of its members. They can advise you as well if your employer have broken any terms of the collective bargaining agreement.

• Consult with human resources. Clarify the policies of the company regarding your situation and ask about the company’s grievance system.

• Consult with an employment attorney. The attorney should be able to tell you your rights under federal and the California state laws.

About The Author

To help you deal with Los Angeles common workplace issues such as overtime pay, consult with our experienced employment attorneys. Log on to our website at http://www.employmentattorneyservices.com/ and call us toll free for legal assistance.

Like this post? Subscribe to my RSS feed and get loads more!