The Fair Labor Standards Act (“FLSA”) is a federal statute enacted in 1938 with the goal of setting national standards for employees, including minimum wage, overtime requirements, child labor restrictions, and other protections. Our employment attorneys represent management and employers in litigation under FLSA violations and litigation about its state…
Articles Posted in Labor and Employment
New Jersey’s Civil Service Appeals
Our employment law attorneys represent government employees in New Jersey Civil Service appeals. One of the most criticized but least understood areas of New Jersey employment law is the Civil Service System. Employers complain that New Jersey’s Civil Service System makes it too difficult to fire employees who are not…
A Look into What Constitutes “Conduct Unbecoming a Teacher” as the Basics for the Revocation or Suspension of a New Jersey Teacher’s Certificate
In New Jersey, obtaining a teaching certificate is a difficult task, requiring a great deal of credentials. For the individuals who are issued a teaching certificate, it is a testament to the individual’s dedication, commitment, and passion for teaching. Therefore, if your certificate is at risk of being revoked or…
Proving Disabilities in Cases Under New Jersey’s Law Against Discrimination
New Jersey employment law has long protected employees against discrimination in employment. New Jersey was one of the first states to do so, passing the Law Against Discrimination in 1947. One of the things that New Jersey’s Law Against Discrimination protects employees from is discrimination because of disabilities. This means…
The U.S. Supreme Court Holds that the Civil Rights Act Protects Employees from Retaliation for Perceived Associations
The Supreme Court of the United States has recently issued an opinion holding that, even perceived speech or associations (as opposed to just actual speech or associations) are protected by the Civil Rights Act. A police officer, Jeffrey Heffernan, working in Paterson, New Jersey filed suit seeking redress for his…
The Rights of Untenured Teachers Under New Jersey Employment Law
New Jersey’s employment laws governing the rights and responsibilities of New Jersey teachers are found in Title 18A of New Jersey Statutes. The laws are complex, but our employment attorneys have significant experience in representing New Jersey teachers in this complex area. Indeed, Maurice McLaughlin wrote the seminal treatise on…
Filing a Notice of Appeal with the Department of Education: What You Must Do Before Its Too Late
New Jersey’s Department of Education has issued regulations which govern “controversies and disputes” with public employees such teachers and principals. The “controversies and disputes” cover a wide variety of issues including but not limited to the State Board of Examiner’s (“Board’s”) decision to block, revoke, or suspend a teacher’s certificate.…
Our New Jersey Employment Attorneys Represent Teachers and Other School Employee in Tenure Charges
Fighting Tenure Charges Against New Jersey Teachers Our New Jersey employment attorneys represent teachers and other school employees in tenure charges, wrongful discharge, harassment and other wrongful treatment. In 2012, the TEACHNJ Act, pushed through the Legislature by Governor Christie, made major changes to New Jersey’s tenure laws. Among other…
Counting “Replacement” Time Toward Acquisition of Tenure
McLaughlin & Nardi, LLC’s employment attorneys represent teachers in all aspect of employment law. One of the most important areas of New Jersey employment law to teachers is the requirements for acquiring tenure. Under the TEACHNJ ACT of 2012, acquisition of tenure went from three years to four years. There…
The Use of New Jersey’s Rule of Three in Civil Service Hiring and Promotion
McLaughlin & Nardi, LLC’s employment attorneys represent New Jersey civil servants and other public employees. One of the most vexing issues in New Jersey employment law in the public sector is the “Rule of Three.” New Jersey’s Civil Service laws require that hiring and promotion be based on merit and…