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New Jersey Lawyers Blog

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New Jersey’s Civil Service System – Merit, Not Politics

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…

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Choosing the Right Form of New Jersey Business Entity

New Jersey business law gives owners the ability to choose between different forms of entities to meet their particular concerns.  The choice is important and has long lasting effects.  Below is an overview of the basic types of business entities allowed by New Jersey business law.   ‍General Partnership A…

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New Jersey Law Against Discrimination Prohibits Termination Influenced by Subordinate’s Gender Bias, State Supreme Court Rules

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…

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Corporations and LLCs: If They’re Good Enough for a Lawyer….

Owners often choose to form their businesses as corporations or limited liability companies under New Jersey business law.  The case of Colonial Records Storage, LLC v. Simpson, where a creditor tried to get individual liability against a lawyer who was a shareholder in a law firm operating as a corporation,…

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Employment Law Decision Shows Law Enforcement Applicants Get a Fair Hearing From the New Jersey Civil Service Commission in Psychological List Removal Appeals

A recent appellate New Jersey employment law decision in the case of In the Matter of F.S., Police Officer (S9999U), City of Jersey City outlines the procedures for appeals by applicants who were removed from a list of eligible candidates for civil service law enforcement or firefighter positions for psychological…

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New Jersey Raises Minimum Wage Rate In 2022

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…

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OSHA’s Covid Vaccine Mandates for Large Employers

In September of 2021, President Biden announced a new mandate for all employers with 100 or more employees to require either vaccination or weekly testing and use of face masks for all of their employees.  The mandate was issued under the authority of the United States Occupational Safety and Health…

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Appellate Division Examines Process for Non-Civil Service New Jersey Police Officers to Challenge Discipline, But Reminds Us the Burden of Proof is on the Officer

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…

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New Jersey’s Prompt Payment Act is a Potent Tool for Subcontractors Trying to Get Paid, Appellate Division Confirms

New Jersey construction law involves many complex issues.  However, one of the most common is also the most basic: Contractors and subcontractors getting paid for their work.  The Appellate Division recently issued a published opinion on this topic in the case of JHC Industrial Services, Inc. vs. Centurion Companies, Inc.,…

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New Jersey Appeals Court Closes Door on Challenges to Public Employer COVID-19 Vaccine Mandates

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…

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