"New Jersey Employment Lawyers"

Published on: September 27, 2023

New Jersey Law Against Discrimination Applies to Mergers

A recent New Jersey employment law decision in the case of Rosemary Beneduci vs. Graham Curtin, P.A. addressed when failing to offer an employee of one business entity a job with a second when the two merge constitutes an illegal employment practice under New Jersey’s Law Against Discrimination. While the case involved two law firms, it would be equally applicable to any employers. NJ_State_House-300x200

Background

As the opinion explained them, the facts are relatively straightforward. Rosemary Beneduci was a long-time employee of Graham Curtin, P.A., a major New Jersey law firm. She had been on disability leave for knee replacement surgery. At the same time, Graham Curtin was merging with a second firm, McElroy Deutsch. When the merger was completed, McElroy would be the surviving firm. All of the attorneys and employees at Graham Curtain who did not leave for another firm were offered employment with McElroy except for Beneduci. All of them became employees of McElroy except for Beneduci and one part-time employee who chose to retire. The testimony indicated that Graham Curtin’s employees were hired based on the recommendation of its former managing partner; he recommended all the employees be hired by McElroy except for Beneduci. When Beneduci emailed the managing partner, her direct supervisor, that she would be returning to work, he met with her, terminated her and offered her a severance agreement. She rejected the agreement and sued Graham Curtain, its managing partner, and McElroy for violation of the New Jersey Law Against Discrimination.

Published on: September 9, 2023

Appellate Division Demonstrates Why It Makes Sense to Pursue Civil Service Disciplinary Appeals

by Maurice W. McLaughlin

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 cop New Jersey appellate decision in the case of In the Matter of Malikah Spencer, Essex County, Department of Corrections, demonstrates that this process gives New Jersey civil service employees a fair hearing in these appeals, and demonstrates why civil service employees should pursue appeals of employer imposed major discipline.

Background

Published on: June 8, 2023

New Jersey Supreme Court Decision on Classification of Workers is a Cautionary Tale for Employers

by Maurice W. McLaughlin

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 to the employee, and relieving it from having to pay time and a half for overtime. The New Jersey Supreme Court explained in the seminal case of building-home-construction-contractor-blueprint-architecture-300x200 Hargrove vs. Speepy’s LLC, that there are different, fact sensitive tests for this determination depending on the context, such as for wage issues, workers compensation and unemployment. More recently, the Supreme Court addressed this issue in the context of whether an employer must make contributions for disability and unemployment in the case of East Bay Drywall, LLC vs. New Jersey Department of Labor and Workforce Development.

Background: East Bay’s Business Model

Published on: April 24, 2023

New Jersey Civil Service Appeal Process Effective, Appellate Division Opinion Shows

by Maurice W. McLaughlin

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. us-1978465__340-300x200

Background: The Abrams Case

Sherman Abrams was, and apparently still is, an operating engineer working for the New Jersey Department of Corrections (DOC) at Northern State Prison. He did not report to work on October 31, November 1, and November 2, 2017. He received a Preliminary Notice of Disciplinary Action (a “PNDA,” a Civil Service Commission Form 31-A) for excessive absenteeism and unauthorized absences. The DOC thereafter issued a Final Notice of Disciplinary Action (a “FNDA,” a Civil Service Commission Form 31-B) terminating his employment.

Published on: February 25, 2023

New Jersey’s Temporary Workers’ Bill of Rights

by Pauline M.K. Young

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 for photo__1894482_mclaughlin_nardi_4712 temporary staffing agencies.

As a preliminary matter, it is important to note that this Act does not apply to all temporary workers. Indeed, a prior version of the law was vetoed by Governor Murphy who requested a narrower application of the law. As a result, the final law defines “temporary laborers” as those who contract for employment in a “designated classification placement” with a temporary staffing agency. “Designated classification placement” is further defined to include:

Food Preparation and Serving Related Occupations;

Published on: June 6, 2022

The New Jersey and United States Constitutions Do Not Protect Private Employees’ Free Speech Rights

by Maurice W. McLaughlin

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 McVey v. Atlanticare Medical Systems Incorporated makes clear that neither the New Jersey nor Federal constitutions provide free speech protections to employees of private courthouse-1223280__340-300x200 sector employers, particularly when that speech violates a company policy or is racist.

Background

Heather McVey was an employee of Atlanticare Medical Systems Incorporated, a private employer. She was hired as a nurse in 2005. She was promoted several times, eventually becoming Corporate Director of Customer Service. She was an at will employee. She had a Facebook page under a fictitious name, “Jayne Heather,” but used her actual photo for her profile, and listed her employment as “Corporate Director at Atlanticare Regional Medical Center.”

Published on: February 6, 2022

Some Administrative Details About the New Jersey Civil Service System

by Maurice W. McLaughlin

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 the executive branch of the New Jersey State Government. Administratively it is part of the New Jersey Department of Labor and Workforce Development. Nonetheless, it operates as an independent agency. It is free from control of the Department of Labor and Workforce Development.

The Commission has five members. Three members are required for a forum. This has led to a backlog of cases when less than three have been appointed.

Published on: January 26, 2022

New Jersey’s Civil Service System – Merit, Not Politics

by Maurice W. McLaughlin

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 difficult. Applicants think the system makes it too hard to get hired. All these criticisms are valid, to a point. megaphone-1480342__340-300x200 However, they miss the mark because they focus on the trees but miss the forest. Life is a series of tradeoffs; every decision is a cost/benefit analysis.

New Jersey’s Civil Service System was adopted to combat grave problems with state and local government. New Jersey has a long history of government corruption; it is by no means a new phenomenon. This history includes a “spoils system” which gave election winners the power to award jobs to their supporters, bribery, favoritism, nepotism, cronyism and discrimination in hiring and keeping government jobs. It was a disgrace. New Jersey was – and is – hardly alone in these problems, but New Jersey took it to another level. Without civil service these problems would continue unchecked. It’s not perfect, but New Jersey is a far better place because of civil service.

In 1908, the early Twentieth Century Progressive Movement led New Jersey to adopt its first civil service laws, and to establish the Civil Service Commission to regulate civil service practices. Then, in 1947, a constitutional convention was held at Rutgers University, in which a new Constitution was adopted. The goal of the constitutional convention was to reform many areas of New Jersey’s state and local government. Article VII, section 1 of the New Jersey Constitution of 1947 provided that:

Published on: January 11, 2022

New Jersey Law Against Discrimination Prohibits Termination Influenced by Subordinate’s Gender Bias, State Supreme Court Rules

by Maurice W. McLaughlin

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 gavel-300x200 violates the New Jersey Law Against Discrimination.

Background: Meade’s Employment

In the case of Michele Meade vs. the Township of Livingston, the Court explained that Michele Meade was the Township Manger for Livingston Township from 2015 until she was terminated by the Township Council in 2016. She was the first female Township Manager in Livingston’s history. She was replaced by a male candidate although there were female candidates, and when her replacement quit he was replaced by another male candidate.

Published on: January 2, 2022

New Jersey Raises Minimum Wage Rate In 2022

by Maurice W. McLaughlin

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. stock-photo-20612112-woman-leading-business-team

Background