Independent Contractors versus Employees Under New Jersey Employment Law Under New Jersey employment law, the classification of a worker as an employee or independent contractor has significant ramifications for both the employer and employee, including the ability of the employer to shift the cost of insurance, payroll taxes and benefits…
New Jersey civil service law provides significant protection for employees serving in civil service jurisdictions which other employees, even other government employees who are not in the civil service system, do not enjoy. Layoffs. A layoff is the cessation of a permanent employee’s employment for economic reasons or efficiency, triggering…
How a New Jersey Civil Service employee’s separation from service is characterized, either “in good standing” or “not in good standing,” has significant consequences, particularly on the employee’s ability to obtain future government employment, and may even effect her employment in the private sector. Moreover, if the employee is found…
New Jersey disability laws apply to civil service employment decisions such as hiring and promotion. However, applicants with physical or psychological conditions must still be able to perform the essential functions of their prospective jobs with reasonable accommodation. Fortunately, New Jersey civil service law provides a process to protect the…
New Jersey Civil Service law gives significant protections to government employees in jurisdictions which have adopted civil service. It provides an appeals process that private sector employees and government employees in jurisdictions which have not adopted civil service do not enjoy. Most government employment decisions which do not involve minor discipline…
New Jersey Civil Service Law provides an effective appeals process for employees to use when challenging discipline imposed by their employers. This was recently illustrated in the case of In the Matter of Sherman Abrams, Northern State Prison, Department of Corrections. Background: The Abrams Case Sherman Abrams was, and…
There are many differences between New Jersey employment law which applies to all employees in both the public and private sectors, and New Jersey civil service law which applies to permanent, career service government employees in civil service jurisdictions. Generally, New Jersey civil service law provides more protections to public…
The Federal Fair Labor Standards Act, like New Jersey’s Wage and Hour Law, requires that employees as a general rule must be paid a specified minimum wage, and overtime when they work more than 40 hours per week. However, certain classes of employees are exempt from these requirements. Thus, nonexempt…
In my last post I wrote about the Appellate Division case of In the Matter of Ambroise, which demonstrated that employees will get a fair hearing before the New Jersey Civil Service Commission and in appeals to state appellate Courts. Another recent Appellate Division opinion in the case of In…
A recent appellate opinion in the case of In the Matter of Ambroise demonstrates that New Jersey civil service employees will receive a fair hearing in appeals with the New Jersey’s Civil Service Commission and appeals courts. Background Ambroise was terminated as a senior correctional police officer (SCPO) by…