How a New Jersey public employment position is classified can have enormous effects on an employee’s rights. This blog describes some of the details about how the New Jersey Civil Service Commission classifies New Jersey Civil Service jobs, and what the consequences of those classifications are. Some terms Under…
New Jersey Lawyers Blog
New Jersey Supreme Court Rejects the “Tyranny of Labels” in Tenure Analysis
In an important decision interpreting New Jersey employment law, the Supreme Court ruled in the case of Melnyk versus the Delsea Regional High School District that analyzing whether a position is eligible for tenure protection depends on the statutory requirements, not on how the employer chooses to label it. Paula…
New Jersey Civil Service Law: Major Discipline Versus Minor Discipline
Discipline is a major component of New Jersey’s Civil Service system. Discipline under New Jersey Civil Service law is either “major” or “minor.” Major Discipline The main procedural consequence of the difference major discipline and minor discipline is that major discipline can be appealed to the New Jersey Civil…
New Jersey Civil Service Discipline
No discussion of New Jersey employment law would be complete without New Jersey’s Civil Service System, which governs all state government employees, and employees of twenty of New Jersey’s twenty-one counties, and the majority of its municipalities. As far back as 1961, the Appellate Division gave a cogent summary of…
New Drug and Alcohol Reporting Requirements for Transportation Companies in 2020
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…
New Jersey Solid Waste A-901 Process
Hello, my name is Pauline Young, I am one of the partners here at the law firm of McLaughlin & Nardi and I am here today to discuss solid waste transportation also known as A-901 licensing. Waste haulers are often surprised to learn of the extent of regulation in the…
Background on the Development and Reasons Behind New Jersey’s Civil Service System
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…
New Jersey Bans Discrimination Based on Hair Styles
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…
Appeals From Psychological or Medical Disqualification of Applicants for Law Enforcement or Firefighters Positions
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…
Appellate Division Addresses Jurisdiction for Appeals of Tenure Charges Under TEACHNJ Act
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…