Articles Posted in Labor and Employment Law

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The Federal appeals court which hears New Jersey cases issued a precedential decision explaining the definition of “disability” for purposes of disability discrimination under the Americans with Disabilities Act. tess-225x300

Background

Andrew Morgan was employed by Allison Crane & Rigging LLC as a millwright laborer.  On September 29, 2020 he injured his lower back on the job.  He advised his supervisors, but continued his shift even though he was in “severe pain.”  He then saw a chiropractor who diagnosed Morgan with a bulging or herniated disc in his lower back.  He began treatment twice a week, and had pain when he sat, walked or turned.  The chiropractor placed him on light duty, which he advised his supervisors of in a meeting on October 7, 2020; they advised him not to file a workers compensation claim.  The light duty was to continue until November 25th, at which point the chiropractor advised that he could resume his full duties.

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The United States Court of Appeals for the Third Circuit, which hears appeals from federal district courts in New Jersey, Delaware, Pennsylvania and the United States Virgin Islands, recently rejected a challenge to the New Jersey Temporary Workers’ Bill of Rights in the case of New Jersey Staffing Alliance vs. Cari Fais, Acting Director of the New Jersey State Division of Consumersupreme-court-building-1209701__340-300x200 Affairs in the Department of Law and Public Safety.

Background: The New Jersey Temporary Workers Bill of Rights

The New Jersey Temporary Workers’ Bill of Rights was passed by the New Jersey Legislature in 2023.  It was designed to protect temporary workers employed in New Jersey.  It enacted several measures to meet this goal.  These include disclosure requirements and certification procedures.  It also imposes joint and several liability on both staffing firms and the businesses which obtain temporary workers through those staffing firms.

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New Jersey employment law prohibits both disability discrimination and retaliation against an employee who objects to disability discrimination.  A New Jersey appeals court examined both situations in the case of Algozzini vs DGMB Casino LLC, d/b/a Resorts Casino Hotel.imagesCAWQ89PS

The Explosion

Bart Algozzini was director of slot operations at Resorts Casino Hotel for five years when he suffered second and third degree burns over seventy percent of his body during a boat fuel explosion on July 17, 2019. He was hospitalized for a month.  He spent two weeks in a medically induced coma, was intubated, resuscitated after a cardiac arrest, and went through multiple skin graft surgeries.  Thereafter he went to an inpatient rehabilitation, followed by outpatient physical therapy.   He was discharged from outpatient physical therapy on January 30, 2020 but still needed to walk with a cane and use a shower chair.

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Progressive discipline is a bedrock principle in New Jersey civil service law.  However, while flexible, progressive discipline has its limits.  The New Jersey Supreme Court recently issued a precedential employment law decision examining when progressive discipline allows forcapt-andrew-209x300 termination of a law enforcement officer’s employment for even a first offense in the case of In the Matter of Brian Ambroise.

Background

The case involved an appeal from an earlier decision by the Appellate Division of the Superior Court of New Jersey.  I wrote about it here, so I will only briefly outline the facts of the case and how it got to the Supreme Court.

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Under New Jersey employment law, tenure provides college, university and school faculty great protection.  However, this protection is not unlimited.  A New Jersey appeals court explained how courts should review decisions to terminate a tenured college professor in the case of Chee Ng v. Fairleigh Dickinson University.council-of-state-535721__340-300x103

Background

Dr. Chee Ng was a professor of finance at the Silberman College of Business at Fairleigh Dickinson University.  He was granted tenure in 2003, and promoted to full professor in 2007.  In 2009, ten of his students complained to the school regarding Dr. Ng’s conduct in class.  They alleged that he made discriminatory comments in class, mistreated students, and was generally rude.  Similar complaints were made again in 2010.  The department chair counseled him, but similar complaints were made by more students in 2012.  More counseling was held.  Complaints were again received in Fall 2013 and Spring 2015; again, he was counseled.  Dr. Ng then took a sabbatical during the Fall 2015 and Spring 2016 semesters.  However, more student complaints were received upon Dr. Ng’s return.  The complaints were investigated, and the Dean met with Ng and advised him that if there were more upheld student complaints, there would be more severe consequences.

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New Jersey employment law prohibits pregnancy discrimination and disability discrimination.  The United States Third Circuit Court of Appeals recently examined the standard employees must meet to prove pregnancy discrimination and disability discrimination in the case of Peifer v. Pennsylvania Board of Probation and Parole.columns-round-300x201

Peifer’s Employment with the Board

Samantha Peifer was an employee of the Pennsylvania Board of Probation and Parole.  She was an alcohol and other drugs agent, working with drug and alcohol offenders when they were on parole.  She was required to be able to perform physical activities such as chasing, apprehending and restraining offenders during escapes and arrests.

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New Jersey employment law requires teachers and other public education employees to hold teaching certificates, or other certificates as appropriate to the position, as a prerequisite to holding their job.  A New Jersey appeals court recently examined the legal principles involved when the New Jersey State Board of Examiners determines whether to suspend or revoke a teacher’s teachingnational-gallery-of-art-1380105-m-300x248 certificates in the case of In the Matter of the Certificates of Rita O’Malley by the State Board of Examiners.

Background

Rita O’Malley was a special education teacher.  She held several teaching certificates.  She was employed by the Woodbridge Township School District as a Learning Disabilities Teacher Consultant (“LDTC”), for which she was licensed,.  She tested students, diagnosed learning disabilities, developed individualized education plans (or “IEPs”), and provided guidance to parents and educators on the best programs for those students.

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New Jersey employment law affords significant wage and hour protections to employees through the New Jersey Wage and Hour Law and the New Jersey Wage Payment Law.  Both laws were significantly strengthened by amendments in 2019, adding additional penalties,6-300x225 recovery of attorneys fees, enhanced damages, and a longer, six-year statute of limitations.  One question left open by the Legislature was whether the statute of limitations would be applied retroactively to cover conduct prior to the amendments, or prospectively to cover only conduct from 2019 onward.  The New Jersey Supreme Court has now unambiguously answered that question.

The New Jersey Wage Payment Law

The New Jersey Wage Payment Law was enacted in 1965 and governs the timing and payment of wages.  It prohibits withholdings of wages unless the law expressly allows or requires.  Wages must be paid at least twice per month, and no later than 10 days after the pay period covered.  The employee must be told in advance what she will be earning, and before any changes to her pay are made.  She must be paid all wages due when she leaves employment on the next regular payday.

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The New Jersey Law Against Discrimination prohibits discrimination and harassment in the workplace.  The New Jersey Civil Service Commission published a regulation incorporatingimagesCAWQ89PS this requirement.  However, in the case of Savchenko v. State of New Jersey, the New Jersey Supreme Court found that a portion of this regulation which requested that parties and witnesses keep the investigation confidential had a chilling effect on free speech.  It therefore struck down that portion of the regulation.

Background

The Civil Service Commission understandably seeks to maintain the confidentiality of these investigations, as publication might discourage witnesses from assisting, and victims from coming forward.   The regulation therefore contained a provision which provided that:

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New Jersey employment lawsuits alleging discrimination, harassment or retaliation are often resolved in settlement agreements.  The New Jersey Supreme Court recently clarified theNJ_State_House-300x200 permissible scope of non-disparagement agreements in those settlement agreements in the case of Savage v. Township of Neptune.

Background

Christine Savage was a police officer with the Neptune Township Police Department.  She filed a lawsuit against the Department and certain individuals in 2013 alleging that they violated the New Jersey Law Against Discrimination by sexually harassing her, discriminating against her because of her gender, and retaliating against her because of her complaints of discrimination.  The lawsuit was settled in 2014.  As part of the settlement the Township agreed to give Savage access to training and promote her to sergeant.

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