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Articles Posted in Labor and Employment

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State Supreme Court Rules on Punitive Damages Against Government Employers Under New Jersey Employment Law

The State Supreme Court recently issued an important decision concerning New Jersey employment law.  In the case of Pritchett v. State, the Court confirmed that punitive damages are available against public employers under the New Jersey Law Against Discrimination and whistleblower protection laws, and defined the heightened standard under which…

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Third Circuit Weighs in on Retaliation Against Employees for Complaints of Discrimination

The Kengerski Case The United State Court of Appeals for the Third Circuit recently issued an important employment law decision interpreting Title VII of the Federal Civil Rights Act of 1964 in the case of Kengerski v. Harper. Kengerski filed a lawsuit alleging that he objected to racially offensive comments…

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Appellate Division Reviews Law Enforcement Officer Discipline Under New Jersey Civil Service Law

The law invests law enforcement officers with significant authority.  New Jersey employment law therefore imposes on them a high standard of conduct. And while progressive discipline governs the review of disciplinary infractions, particularly in the civil service context, serious offenses can result in termination even for a first offense.  Sometimes…

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Appellate Division New Jersey Employment Law Decision Examines Removal from Civil Service Eligible List for Law Enforcement Position

A recent New Jersey employment law decision by the Appellate Division of the State Superior Court in the case of Matter of Brian Clancy, illustrates the procedures – and some of the pitfalls – of appeals from the removal of candidates from civil service eligible lists.   Background: Removal from…

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Supreme Court of New Jersey Employment Law Decision Clarifies Standard for Illegal Workplace Harassment

In an important employment law decision, New Jersey’s Supreme Court once again considered the actions necessary to constitute illegal workplace harassment in the case of Rios v. Meda Pharmaceutical, Inc.  In this case the alleged harassment was based on an employee’s race and ethnicity in violation of New Jersey’s 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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