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New Jersey Lawyers Blog

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New Jersey Supreme Court Issues Decision Clarifying the Rights of Tenured, Part-Time Teachers

Tenure is one of the most important protections for teachers in New Jersey employment law.  Both full-time and part-time teachers may receive tenure protection.  However, no New Jersey court has addressed the situation where a part-time tenured teacher’s earnings were reduced when her hours were cut, even though her hourly…

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McLaughlin & Nardi, LLC Attorneys Successfully Appeal to Reinstate an Employee’s Claims for Retaliation and Discrimination

On March 28, 2018, the New Jersey Appellate Division granted an appeal and reversed a trial court employment law decision which had granted summary judgment in favor of the defendant employer the New Jersey Department of Human Services and against the plaintiff employee, dismissing all of his claims. In the…

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Discipline of Non-Civil Service Police Officers Under New Jersey Employment Law

Being a cop is a tough job.  It is physically dangerous, and often thankless.  However, it is intensely important, and as a result our society places great trust, authority and responsibility in our law enforcement officers.  Because of this special trust, the law holds law enforcement officers to a higher…

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Third Circuit Decision Examines “Sex Plus” Discrimination

Gender discrimination is one of the most heavily litigated areas of New Jersey Employment Law. The United States Third Circuit Court of Appeals recently issued an opinion involving the issue of “sex plus” gender discrimination which will apply equally to New Jersey’s state and federal courts.   What is “Sex…

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A Wild Employment Law Decision on Medical Marijuana

While the sale and possession of marijuana are flatly illegal under federal law, and the illegal status of recreational marijuana under New Jersey law has not changed yet, the medical use of marijuana is legal under New Jersey’s Compassionate Use Act for ALS, anxiety, certain chronic pain conditions, migraine headaches,…

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The Supreme Court of New Jersey Examines the Interplay of New Jersey’s Law Against Discrimination and the Workers Compensation Act in New Jersey Employment Law Discrimination

New Jersey’s Law Against Discrimination makes it illegal for employers to discriminate against employees because they have a “disability.” Law Against Discrimination also requires employers to make “reasonable accommodations” so that employees can do their jobs despite their disabilities.  New Jersey’s Workers Compensation Act requires employers to carry workers compensation…

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Recent New Jersey Appellate Division Decision Examines The Amended Sections Of The Construction Lien Law

The Appellate Division of New Jersey’s Superior Court recently reviewed the signature requirements for filing a construction lien claim prior to and after the 2011 amendments to New Jersey’s Construction Lien Law.  Our construction attorneys represent contractors in construction law matters including but not limited to filing and/or defending against…

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Third Circuit Decisions Goes Against Trend in New Jersey Employment Law in the Digital World

New Jersey employment law generally recognizes that employees have a limited right to privacy in the workplace, including in their digital life.  However, a recent federal appellate decision limited the reach of employee privacy.  It is an unpublished decision, and therefore not binding.  However, it is a troubling outcome.  …

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NJDEP Effective Competition Analysis for A-901 Asset Transfer Approval

When a solid waste collection company enters into a contract to transfer ownership of assets, a petition for approval must be submitted the New Jersey Department of Environmental Protection.  Assets may not be transferred until this approval is obtained.  One area which the NJDEP evaluates prior to issuing such an…

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Recent Appellate Division Case Expands Whistleblower Protections

New Jersey employment law has some of the strongest employee protections in the United States.  A recent unpublished decision by the Appellate Division of New Jersey’s Superior Court may have expanded those already strong protections.   New Jersey Whistleblower Laws New Jersey has two main employment laws protecting whistleblowers.  The…

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