The Wage and Hour Division of the United States Department of Labor has issued a new regulation vastly increasing the number of employees who are entitled to overtime. Background Both Federal and New Jersey employment law both require that employees must be paid one and a half times their regular…
New Jersey employment law in the public sector incorporates the doctrine of collateral estoppel, which in some cases bars relitigating issues already decided in another forum. This applies to administrative appeals of employment action. A New Jersey appellate court recently examined this doctrine in the context of the revocation of…
New Jersey Employment Law Protections for Pregnant Employees New Jersey employment law, as well as Federal employment law, prohibits discrimination against employees because of pregnancy, requires employees to reasonably accommodate employees’ pregnancy, bars retaliation against employees who request accommodations for pregnancy or object to the treatment of pregnant employees, and…
One of the most difficult New Jersey employment law issues confronted by government employees is that they are sometimes drawn into legal action because of actions taken in the course of their employment. Defending such charges can cause significant expense and hardship to government employees. For teachers, administrators and other…
New Jersey employment law requires that employees must be paid at regular intervals, at least twice per month. The proposition that employees should be paid for the time that they work does not seem to be illogical. However, litigation over non-payment of wages is all too common. The New Jersey…
The Appellate Division of New Jersey’s Superior Court recently examined the use of the “Rule of Three” in New Jersey civil service list bypass appeals in the case of In the Matter of Antonio Salters, Fire Fighter, Township of Hillside. Background Salters applied to become a firefighter for the…
It’s a nightmare scenario for an employee. She has a good job, but has received the opportunity of a lifetime. She quits her job, moves to a new city, and gets ready to start her new position. Then, just before she starts, the prospective employer calls and says, “Oops, we’ve…
Under New Jersey employment law, criminal charges can have a significant impact on government employment beyond the penalties carried by the criminal charges themselves. These effects impact both civil service and non-civil service employees. Suspensions While Criminal Charges Are Pending First, a public employee may be suspended while criminal…
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…
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…