New Jersey’s Department of Environmental Protection (“NJDEP”) regulates the transportation of waste in New Jersey. This involves a significant licensing process including an A-901 application (including Personal History Disclosure Statements for all owners, officers and key employees and a Business Disclosure Statement, as well as second-level application documents for parent…
Because the purpose of the New Jersey Civil Service System is to remove politics, nepotism and favoritism from the hiring and disciplinary processes to ensure that employment decisions are based on merit and fitness, just cause must be found for imposing discipline. And because the employer is the government, all…
Criminal charges against public employees can have serious consequences under New Jersey civil service law. In this post, we’ll examine some of those consequences. Suspensions of New Jersey Civil Service Employees While Criminal Charges Are Pending First, if a New Jersey civil service employee is facing criminal charges, she…
New Jersey Civil Service law establishes procedures for hiring and promoting government employees in New Jersey state and local government civil service jurisdictions. Appointments In Civil Service, “appointment” means getting a job, whether through initial hiring, promotion, transfer or otherwise. All initial and subsequent appointments must be submitted for…
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…
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…
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…
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…
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…
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…