Some complain that civil service hinders efficient government. Managers object that it limits their ability to run their organizations by hiring, firing and imposing discipline as they believe best. Citizens argue it makes it too hard to get rid of “bad apples.” Employees believe it makes promotions and transfers too…
In an important New Jersey employment law ruling, the State Supreme Court held that an employer’s decision to terminate or otherwise take action against an employee influenced by the discriminatory bias of a subordinate, rather than the decisionmakers themselves, nonetheless violates the New Jersey Law Against Discrimination. Background: Meade’s…
The Increase New Jersey’s minimum wage rate is going up again. The new minimum wage rate during this incremental increase is $13 per hour effective January 1, 2022. Background In 2019, Governor Murphy signed legislation raising New Jersey’s minimum wage rate. The ultimate rate will be a minimum wage…
Government employees receive significant due process rights to challenge employer discipline which private sector employees and employees in non-civil service jurisdictions do not enjoy. However, because New Jersey employment law recognizes the great responsibility placed on law enforcement officers, the Legislature has enacted robust procedures for police officers not covered…
The Appellate Division recently issued an employment law decision in the case of Matter of City of Newark and Newark Police Superior Officers’ Association, et al., concerning the ability of public employee unions to challenge the City of Newark’s COVID-19 vaccination requirement. The Court expressly held that the City has…
In an important New Jersey employment law decision, the Appellate Division of the State Superior Court examined exceptions to the 90 day limit for challenging a board of education’s decision regarding a teacher’s tenure status. In that case, Frayne v. Board of Education of the Borough of Highland Park, the…
The Appellate Division recently issued a decision exploring the limits of progressive discipline in New Jersey civil service discipline in the case of Matter of Collins. Background Darius Collins was a senior corrections officer at Norther State Prison. He had been a corrections officer for more than two years…
Background: Disability Discrimination and the Requirement of Reasonable Accommodation New Jersey’s Law Against Discrimination bars employers from discriminating against employee’s because of a disability, provided they can perform the job with “reasonable accommodation.” Because no two employees or workplaces are the same, no accommodations will be the same for two employees,…
The State Supreme Court recently issued an important decision concerning New Jersey employment law. In the case of Pritchett v. State, the Court confirmed that punitive damages are available against public employers under the New Jersey Law Against Discrimination and whistleblower protection laws, and defined the heightened standard under which…
The Kengerski Case The United State Court of Appeals for the Third Circuit recently issued an important employment law decision interpreting Title VII of the Federal Civil Rights Act of 1964 in the case of Kengerski v. Harper. Kengerski filed a lawsuit alleging that he objected to racially offensive comments…