In 2016, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (“FMCSA”) announced a new rule establishing a database for information regarding violations of drug and alcohol testing regulations by commercial motor vehicle drivers. While the rule went into effect in 2017, the requirement for FMCSA-regulated employers to begin…
There are many people who complain that Civil Service is a terrible hindrance to efficient government. Managers complain that Civil Service rules hinder their ability to run their organizations by hiring, firing and imposing discipline as they believe is best. Citizens often complain Civil Service makes it too hard to get…
The Wrestling Incident During an incident on December 19, 2018, a referee required an African American wrestler at Buena Regional High School choose between cutting his dreadlocks or forfeiting his wrestling match. Rather than forfeit the match, the wrestler chose to cut his hair. Because the incident had indicia of…
Good afternoon. We are here today to talk about removal from eligible lists because of failure to pass a psychological exam. The way the hiring process for firefighters and law enforcement officers in civil service goes in New Jersey is that first there is a job opening. It’s posted. Then…
Employee Choices for Challenging Discipline In a recent unpublished decision, the Appellate Division of the Superior Court addressed the employment law issue of jurisdiction for appealing discipline of tenured school employees. When a New Jersey government employee faces discipline, there are several avenues for relief depending on the nature of…
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 and prohibiting discrimination in the workplace. While Congress did not pass Title VII until 1964, the Legislature passed the New Jersey Law Against Discrimination…
On December 6, 2019, the New Jersey Civil Service Commission recently reviewed and rescinded its September 5, 2018 decision which removed an applicant’s name from an eligible list for Jersey City police officer. The case was argued by Maurice W. McLaughlin, Esq., and Robert K. Chewning, Esq. After the Civil…
When facing claims of retaliation for reports on objections about discrimination under the New Jersey Law Against Discrimination or Title VII of the Federal Civil Rights Act of 1964 (or for whistleblowing under New Jersey Conscientious Employee Protection Act), courts are often faced with the situation where there is no…
Small business and contractors often hire independent contractors rather than employees for certain projects and services. Generally, this allows the business to avoid responsibility and expense related to withholding and paying taxes, and obtaining insurance for those workers. However, case law in New Jersey over the years has slowly been…
In the case of Secretary of United States Department of Labor vs. Bristol Excavating, Inc., the United States Court of Appeals for the Third Circuit, recently issued an important, precedential opinion on when payments by third-parties need to be included by employers in the calculation of their employees’ overtime pay…