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Court Explains De Facto Employee Law for New Jersey Government Employees
Under the New Jersey public employment law and Title 18A of New Jersey statute, which governs New Jersey employment law for public school and public college employees, if an employee is actually performing the work of a particular position, even though they are designated in another, they must receive the compensation for the job they are working in. In other words, public employers can’t underpay employees
by having them fill a higher or more difficult position while paying them for a lower or less difficult one. The Appellate Division recently examined these statutes.
The De Facto Employee Laws
Title 18A provides that: