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Articles Posted in Labor and Employment Law

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Third Circuit Decision Eliminates Barrier to Age Discrimination Lawsuits

New Jersey’s Law Against Discrimination prohibits employment discrimination, including age discrimination.  In interpreting this state law, New Jersey courts look to federal employment law, including the Age Discrimination in Employment Act, or the “ADEA,” passed by Congress in 1967.  A recent case by the United States Court of Appeals for…

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New Jersey Employment Law Decision Examines When a New Jersey Civil Service Law Enforcement Officer May be Fined as a Form of Discipline

A recent New Jersey employment law decision in the case of In the Matter of Wilfred Guzman,  Rockaway Township Police Department, examined what penalties are available against a New Jersey civil service law enforcement officer.   Background Wilfredo Guzman was a police officer with the Rockaway Township Police Department, a…

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Appellate Division Rules that New Jersey Employment Law Ignores Titles When Determining Whether Public School Secretaries Have Acquired Tenure

Attaining tenure is a milestone for public school employees.  Under New Jersey employment law, tenure carries legal protections against termination or discipline without just cause, and requires formal tenure charges and the right to challenge those charges through a hearing and appeal process.  These protections are extremely valuable. Much literature…

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New Jersey Employment Law Decision Examines Ramifications of Settlement of Police Officer Disciplinary Charges

Police officer discipline has significant ramifications under New Jersey employment law, whether the officer is in a civil service or non-civil service police department.  These extend beyond the ramifications of discipline for other public and private employees in New Jersey.  The Appellate Division of the New Jersey Superior Court recently…

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New Jersey Employment Law Opinion Examines Classification of Employees and Independent Contractors

New Jersey employment law governs the classification of workers as employees or independent contractors.  The classification is important and fact sensitive.  It has far reaching consequences.  The Appellate Division recently issued a published opinion in the case of East Bay Drywall, LLC vs. the Department of Labor and Workforce Development,…

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New Jersey Employment Law Takeaways from Recent Decision on New Jersey Law Against Discrimination

Some important New Jersey employment law issues were explored in a recent opinion issued by the Appellate Division of the Superior Court concerning the New Jersey Law Against Discrimination in the case of Kazaba versus Randolph Township Board of Education.   The Kazaba Case Charles Kazaba sued the Randolph Township…

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State Supreme Court Finds Promissory Estoppel Viable New Jersey Employment Law Claim for Withdrawal of Job Offer, Including Those to Investment Advisors

A frequent problem in New Jersey employment law occurs when a business offers someone a job without a contract, that person then quits their current employment, the business rescinds the offer, and the employee is left without a job.  There is no contract, so the employee cannot sue for breach…

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The New Jersey Supreme Court Considers the Pregnant Workers Fairness Act for the First Time in Police Pregnancy Discrimination Matter

On March 9, 2021, the New Jersey Supreme Court issued an important employment law decision on pregnancy discrimination in the case of Delanoy v. Township of Ocean, which confirms the distinct causes of actions that may be brought and how they should be brought under the New Jersey Pregnant Workers…

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Federal Appeals Court Rules that Psychological Examinations for Applicants for Law Enforcement Officer Positions Cannot Be Used to Discriminate Against Qualified Applicants

A Federal Appeals Court’s recent precedential decision in the case of Gibbs v. City of Pittsburgh may have profound implications for New Jersey civil service appeals from psychological disqualification of law enforcement officer applicants.   Background Christopher Gibbs applied to be a police officer with the Pittsburgh, Pennsylvania Police Department. …

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How the New Recreational Marijuana Law May Effect New Jersey Employment Law

In February of 2021, Governor Murphy finally signed the long awaited “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” which legalizes recreational, adult (at least 21 years old) use of marijuana (or “cannabis”). One of the major concerns which has existed since the very beginnings of this Act…

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