New Jersey Lawyers Blog

Published on: June 23, 2024

State Cannot Prohibit Government Employee From Discussing Investigations of Harassment and Discrimination Complaints

The New Jersey Law Against Discrimination prohibits discrimination and harassment in the workplace. The New Jersey Civil Service Commission published a regulation incorporating imagesCAWQ89PS 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:

Published on: June 16, 2024

New Jersey Supreme Court Limits Non-disparagement Agreements in Settlement of Discrimination Lawsuits

by Maurice W. McLaughlin

New Jersey employment lawsuits alleging discrimination, harassment or retaliation are often resolved in settlement agreements. The New Jersey Supreme Court recently clarified the NJ_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.

Published on: June 14, 2024

New Jersey Civil Service Law Allows for Removal of Applicant from Hiring List for Negative Employment History, Appeals Court Says

by Maurice W. McLaughlin

New Jersey civil service law provides employees with an effective avenue for appealing adverse employment decisions to the New Jersey Civil Service Commission. However, in the case of Matter of Trejo, Police Officer and Union City, a New Jersey appeals court held that an employee may be removed from a civil service hiring list for a negative prior employee disciplinary history. This supreme-administrative-court-3565618_960_720-300x200 decision has significant implications for how employees should handle allegations of misconduct and resulting discipline.

Background

Ana Trejo was a public safety telecommunicator with the Union City Police Department for ten years when she took the civil service examination for police officer. She passed and was placed on the eligible list. However, Union City removed Trejo from the list because of her history of civil service employee discipline during her ten year employment as a telecommunicator with the Police Department. Her disciplinary history included minor discipline for absenteeism; being reprimanded for sharing confidential law enforcement information; and imposition of major discipline for “inappropriate conduct.” The New Jersey Civil Service Commission gave notice to Trejo that she had been removed from the list for having an “unsatisfactory employment record.”

Published on: April 30, 2024

Non-Compete Agreements Would be Abolished Under New FTC Rule

by Maurice W. McLaughlin

New Jersey employment law has generally upheld non-compete (or non-competition) agreements provided they met certain requirements aimed at allowing employees to earn a living. Non-compete agreements have been much vilified by pro-employee groups, and much 5-225x300 supported by pro-employer groups. However, the United States Federal Trade Commission has issued a rule which would prohibit non-compete agreements. At least one lawsuit has been filed aiming to block the new regulation, and others are expected. So whether the rule will take effect, and if so in what form it will be allowed, is still an open question. However, employers and employees should be prepared, because unless an injunction is issued the rule will become effective in several months.

The Rule

The Rule, part of the United States Code of Federal Regulations, defines non-compete clauses as:

Published on: April 26, 2024

New Employment Law Regulation Makes Many More Employees Eligible for Overtime

by Maurice W. McLaughlin

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 hourly rate (“time courthouse-1223280__340-300x200 and a half”) for work beyond forty hours in any week. However, there are exceptions. The major exemptions are for executive, administrative, professional, and highly compensated employees. In addition to the requirements particular to each exemption, the employees cannot be paid less than the threshold for the exemption.

Published on: April 25, 2024

United States Supreme Court Explains What an Employee Must Show to Prove That She Has Been Harmed by Gender Discrimination

by Maurice W. McLaughlin

Federal and New Jersey employment law both prohibit discrimination because of an employee’s gender. The United States Supreme Court’s recent decision in the case of Muldrow v. City of Saint Louis establishes what employees must prove to have a viable lawsuit for gender discrimination under Title VII of the Civil Rights Act of 1964. Because New Jersey courts often look to Federal case law about Title VII to guide them in interpreting New Jersey employment law, it is likely that this standard will be adopted as the law in New Jersey. scoutus-room

Background

Jatonya Clayborn Muldrow was a long serving, decorated officer with the St. Louis Police Department. Justice Elena Kagan described the factual background of the case.

Published on: April 20, 2024

New Jersey Tenure Certificate Revocation or Suspensions Not Barred by Earlier Tenure Charge Arbitration, Appeals Court Says

by Maurice W. McLaughlin

Background

Employment as a teacher and in many other New Jersey public school positions requires that the employee hold a certificate to work in their positions. However, under certain 1-300x225 circumstances, these certificates can be suspended or revoked, rendering the employee ineligible to work in their chosen profession.

The New Jersey Commissioner of Education can suspend the certificates of employee’s who leave before their term of employment ended without their employer’s consent.

Published on: February 24, 2024

Appealing Removal from New Jersey Civil Service List for Hiring or Promotion

by Maurice W. McLaughlin

In New Jersey Civil Service, hiring and promotion are done in accordance with the applicant’s (or “eligible’s”) rank on a list. There are specific reasons why an applicant may be removed from a Civil Service list. However, sometimes removal is done because of favoritism, sgt-johnny-jpeg-232x300 nepotism, politics, discrimination, whistleblower retaliation, cronyism, or outright bribery. Since the entire purpose of the New Jersey Civil Service System is to ensure that hiring is based on merit, there is an appeal process for applicants who believe that their name was improperly removed from a Civil Service hiring or promotion list.

Allowed Reasons for Removal from a Civil Service Eligible List

An applicant may be removed from a list because she:

Published on: February 18, 2024

New Jersey Supreme Court Gives Tenure Hearing Arbitrators Expansive Powers to Fashion Appropriate Discipline Short of Termination

by Maurice W. McLaughlin

Arbitrators make the final decision in hearings on tenure charges. Appeals are limited. However, the scope of their powers to fashion appropriate discipline was open to question. As I wrote last year, the Appellate Division of New Jersey’s Superior Court ruled in the case of school-bus-1-300x200 Sanjuan v. School District of West New York that arbitrators were limited in those powers, and could not impose demotion as a remedy for disciplinary violations. The case was appealed, and the New Jersey Supreme Court issued a decision overturning the Appellate Division’s decision.

Background

Amada Sanjuan worked for the West New York Board of Education as an assistant principal. On February 12, 2020, she fell down a flight of stairs, was injured, and was out of work as a result. Sanjuan claimed that she fell while picking up a piece of paper on the stairs. However, video showed that she removed a piece of paper from her purse after she fell, and placed it at the top of the stairs.

Published on: February 6, 2024

New Jersey Passes Draconian Construction Law Imposing Drastic New Regulations on Home Improvement and Home Elevation Contractors

by Maurice W. McLaughlin

A recent New Jersey construction law development will greatly affect contractors.

The New Jersey Legislature passed a new law regulating home improvement and home elevation contractors, which Governor Murphy signed into law on January 8, 2024. The building-home-construction-contractor-blueprint-architecture-300x200 regulations governing home improvement contracts and home elevation contractors were already draconian, but the new law is a sea change, greatly expanding the regulatory requirements for New Jersey contractors, including a new requirement that they be licensed.

Applicability: Every Job Over $500