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Articles Tagged with “New Jersey employment lawyer”

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The New Jersey Supreme Court recently issued an important employment law decision in the case of  Barila v. Board of Education of Cliffside Park regarding the ability of unions to bargain away employee benefits enjoyed under prior contracts.teacher-300x224

Benefits, such as time off, are terms and conditions of employment which may be bargained for in collective negotiations.  (The term “collective negotiations” is used in the public sector instead of “collective bargaining” because, unlike in the private sector, government employees do not have the right to strike under New Jersey employment law.)  The resulting contract (or “collective negotiation agreement”) sets the terms and conditions of employment, provided the parties have bargained in good faith and the employees receive the minimum levels required by statute.

In this case, under prior contracts between the Cliffside Park Board of Education and the teachers union, including the most recent one in effect from 2012 through 2015, longer term employees could carry over and be paid for their unused sick days up to $25,000.  Not all employees could do so, however, because the New Jersey Legislature had passed a law limiting payment for unused sick time to $15,000 for employees who commenced work on May 21, 2010 or thereafter.  The statutory limit did not apply to employees who started work before May 21, 2010.

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New Jersey’s Law Against Discrimination and the Pregnant Workers Fairness Act

New Jersey employment law has long been in the forefront of protecting employees’ civil rights baby-feetand prohibiting discrimination in the workplace.  While Congress did not pass Title VII until 1964, the Legislature passed the New Jersey Law Against Discrimination in 1945.  Since then the LAD has been expanded to protect more types of workers from discrimination because of who they are and give them a wider array of rights and protections.  Most recently, in 2014 the Legislature passed the New Jersey Pregnant Workers Fairness Act, again which amended the New Jersey Law Against Discrimination, this time to prohibit discrimination against pregnant workers, and to require reasonable accommodation for physical arising from pregnancy, recovery from childbirth, and breastfeeding.  It prohibited employers from penalizing employees for being pregnant.

The Appellate Division of New Jersey’s Superior Court recently issued the first published opinion interpreting the New Jersey Pregnant Workers Fairness Act in the case of Kathleen J. Delanoy v. Township of Ocean.

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school-93200__340-300x200In New Jersey, certifications are generally required for all professional staff members in public schools and other institutions regulated by the New Jersey Department of Education.  There are various types of certificates based on the type of employment you are seeking (i.e., teachers, principals, school psychologist, etc).

Emergency certificates are issued to a limited amount of personnel within the educational services category including school social workers, school counselors, and associate library media Specialists.  For a full list of positions where emergency certificates may be issued, please visit New Jersey’s Department of Education website.

The regulation governing emergency certifications is N.J.A.C. §6A:9B-5.12, which sets forth when, by whom, and for what reasons emergency certificates may be issued.  Emergency certificates may be issued at any point in the school year but, regardless of when they are issued, they expire on July 31st of each year.  They serve an important  purpose by allowing a board of education to apply for an emergency certificate for a candidate if that particular board of education is unable to locate a candidate with a provisional or standard certificate to fill the position.

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employment_law_damages.jpgThe New Jersey Supreme Court recently clarified an employment law issue which has been vexing employment lawyers for decades. In its recent landmark decision in Hargrove versus Sleepy’s LLC, the Supreme Court laid out the rules for determining when a worker should be considered an employee under different New Jersey employment laws. The specific laws it addressed governed the payment of wages and overtime to employees.

This is an extremely important issue for both employers and employees – it normally determines whether a worker will get benefits such as health insurance and 401(k), and whether the worker or employer will be responsible for paying the worker’s payroll taxes, not to mention overtime.

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