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Articles Posted in Labor and Employment Law

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New Jersey Civil Service Medical and Psychological Disqualification Appeals

New Jersey disability laws apply to civil service employment decisions such as hiring and promotion.  However, applicants with physical or psychological conditions must still be able to perform the essential functions of their prospective jobs with reasonable accommodation.  Fortunately, New Jersey civil service law provides a process to protect the…

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Appellate Review of New Jersey Civil Service Commission Decisions

New Jersey Civil Service law gives significant protections to government employees in jurisdictions which have adopted civil service. It provides an appeals process that private sector employees and government employees in jurisdictions which have not adopted civil service do not enjoy.  Most government employment decisions which do not involve minor discipline…

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

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.   Background: The Abrams Case Sherman Abrams was, and…

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New Jersey Civil Service Working Test Periods

There are many differences between New Jersey employment law which applies to all employees in both the public and private sectors, and New Jersey civil service law which applies to permanent, career service government employees in civil service jurisdictions.  Generally, New Jersey civil service law provides more protections to public…

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Federal Appeals Court Holds that Withholding Paid Time Off Will Not Defeat Professional Exemption to Minimum Wage and Overtime Requirements

The Federal Fair Labor Standards Act, like New Jersey’s Wage and Hour Law, requires that employees as a general rule must be paid a specified minimum wage, and overtime when they work more than 40 hours per week.  However, certain classes of employees are exempt from these requirements.  Thus, nonexempt…

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New Jersey Civil Service Commission Not Afraid to Call B.S. on Employers

In my last post I wrote about the Appellate Division case of In the Matter of Ambroise, which demonstrated that employees will get a fair hearing before the New Jersey Civil Service Commission and in appeals to state appellate Courts.  Another recent Appellate Division opinion in the case of In…

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New Jersey Employment Law Opinion Demonstrates that Civil Service Employees Get Fair Hearing on Appeals with the Civil Service Commission

A recent appellate opinion in the case of In the Matter of Ambroise demonstrates that New Jersey civil service employees will receive a fair hearing in appeals with the New Jersey’s Civil Service Commission and appeals courts.   Background Ambroise was terminated as a senior correctional police officer (SCPO) by…

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New Jersey Employment Law Case Examines the Effect of Amendments Concerning Time to File a Lawsuit for Wage and Hour Violations

The New Jersey Wage and Hour Law and Wage Payment Law Like the Federal Fair Labor Standards Act, New Jersey’s Wage and Hour Law requires that employers pay non-exempt employees minimum wage for all hours that they work, and overtime (time and a half) when employees work more than forty…

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Recent New Jersey Employment Law Decisions Explain When Police Officer Records May Be Disclosed

New Jersey employment law in the public sector contains few more contentious areas than the confidentiality of the disciplinary and personnel records of law enforcement officers.  A trio of published New Jersey State and Federal court opinions have shed light on this contentious and evolving area of the law.  …

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New Jersey’s New Mass Layoff Law

New Jersey employees have significant protections during mass layoffs under New Jersey employment law. In 1988 the United States Congress passed the Worker Adjustment and Retraining Notification Act (the “WARN” Act).  The Act went into effect in 1989.  The purpose of the Act was to try to assist employees with…

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