Appellate Division Demonstrates Why It Makes Sense to Pursue Civil Service Disciplinary Appeals. New Jersey civil service employees have protections which other employees do not. The heart of this is the opportunity to appeal major discipline imposed by their employers. A recent New Jersey appellate decision in the case of…
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 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…
New Jersey is one of the most employee-friendly states in the nation; and its becoming more and more employee-friendly every year. On February 6, 2023, Governor Murphy signed the Temporary Workers’ Bill of Rights Act into law. This law clarifies and expands employee protections for non-exempt (hourly) employees who work…
New Jersey whistleblower protection laws protect employees who object to or try to prevent illegal conduct by their employers, be they private sector employers or state or local government employers. However, while New Jersey employment law gives strong protection to employees, a recent published appellate decision in the case of…
The Civil Service Commission The New Jersey Civil Service System is governed by the Civil Service Act and Civil Service Regulations. Chapter 2 of Title 11A of the Civil Service Act, N.J.S.A. 11A:2-1, et seq., establishes the New Jersey Civil Service Commission (the “Commission”). The Commission is a department of…
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…
New Jersey employment law governs the classification of workers as employees or independent contractors. The classification is important and fact sensitive. It has far reaching consequences. The Appellate Division recently issued a published opinion in the case of East Bay Drywall, LLC vs. the Department of Labor and Workforce Development,…