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New Jersey Lawyers Blog

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Supreme Court Decision Indicates That Application of the Joint Employer Doctrine in New Jersey Employment Law Cases is Question for Jury

New Jersey employment law recognizes the concept of “joint employers.”  Under this legal doctrine, an employee can have two employers even though he only gets paid by one.  The doctrine provides that when more than one entity acts as a person’s employer, both are jointly responsible for complying with employee…

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New Jersey Supreme Court Issues Important Decision on Waiver of a Teacher’s Tenure Rights

New Jersey employment law has few more contentious areas than tenure rights for public school teachers.  I previously wrote about the Appellate Division decision in Parsells v. Board of Education of the Borough of Somerville.  The case was subsequently appealed, and the New Jersey Supreme Court upheld the Appellate Division’s…

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Update on Sanjuan v. School District of West New York Case: NJ Supreme Court Grants Certiorari in Education Employment Case

UPDATE: This post was originally published on January 3, 2023.  On May 22, 2023, the Supreme Court of New Jersey granted a writ of certiorari, meaning it will review the Appellate Division’s opinion in this case.  The original post is below.  Stand by for more.   ORIGINAL POST:  In many…

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New Jersey Supreme Court Decision on Classification of Workers is a Cautionary Tale for Employers

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…

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Layoff Rights Under New Jersey Civil Service Law

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…

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New Jersey Business Divorce Examined by Appellate Division

New Jersey business law presents no thornier area than business divorces – when a venture goes south and the owners – the partners, corporate shareholders or limited liability members – acrimoniously split up.  The Appellate Division of the Superior Court of New Jersey recently addressed such a painful business divorce…

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New Jersey Real Estate Law Decision Examines Duty to Disclose Defects in “As Is” Residential Real Estate Sales

New Jersey real estate law is enormously important – the purchase and sale of a home are often the largest transactions in many people’s lives.  It is fraught with risks for both buyers and sellers. For example, let’s say you’re buying a house and you receive a disclosure form from…

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New Jersey Civil Service Resignations and Job Abandonment Appeals

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…

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New Jersey Civil Service Medical and Psychological Disqualification Appeals

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…

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Appellate Review of New Jersey Civil Service Commission Decisions

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…

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