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…
New Jersey Lawyers Blog
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…
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,…
Appellate Decision Explains New Jersey Construction Lien Law
The New Jersey construction law opinion in Site Enterprises Inc. vs. NRG Rema, LLC highlighted several important areas of the New Jersey Construction Lien Law. The New Jersey Construction Lien Law The New Jersey Construction Lien Law replaced the Mechanic’s Lien law, and made it easier for contractors, subcontractors…
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…
New Jersey’s New Mandate for Food Waste Recycling
On April 14, 2020, New Jersey Governor Murphy signed a food waste recycling bill (A2371) aimed at requiring large producers of food waste in New Jersey to recycle their unused food. This mandate is schedule to go into effect on approximately October 14, 2021. The law applies to “large food…
Commercial Versus Residential New Jersey Real Estate Transactions
At first glance, both commercial and residential New Jersey real estate transactions seem to be quite similar. A contract is executed, title work must be checked, lender requirements must be met and the closing must be completed. But, from the initial offer through closing on the transaction, there are significant…
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…
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…
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. …