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New Jersey Lawyers Blog

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Union Members May Opt-Out of Paying Dues

On June 27, 2018, the United States Supreme Court issued an important employment law decision in the case of Janus v. American Federal of State, County and Municipal Employees (“AFSCME”). Prior to Janus, the general law was that public sector unions (i.e. unions comprised of governmental employees) could collect fees…

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Civil Service Commission: List Removal Appeals & Residency Requirements

Our employment attorneys represent applicants who have been removed from lists of eligibles for Civil Service positions for a variety of reasons including disqualification for failing background check, failing to maintain residency, and psychological and medical disqualification. When applying for a Civil Service position, one requirement that may get overlooked…

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Employee Discipline Under New Jersey’s Civil Service Laws

New Jersey’s government employees provide a wide range of services without which the public could not survive. These range from law enforcement to firefighting, mass transit, garbage removal, building and maintaining roads, ensuring the safety of buildings, protecting the civil rights of New Jersey’s citizens, protecting the environment, traffic safety,…

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The Constitutional and Statutory Foundations of New Jersey’s Civil Service System

New Jersey’s Civil Service governs the hiring, promotion, classification and discipline of employees of government the State of New Jersey, and employees of the majority of counties, municipalities and governmental boards and commissions which have chosen to be governed by Civil Service . The Civil Service System is governed by…

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Progressive Discipline: Consideration of Prior Infractions in Discipline of New Jersey Civil Service Employees

Our employment law attorneys represent public employees in all phases of their employer-employee relationship.  We regularly represent civil service employees in appealing the imposition of discipline.  One of the bedrock principles of New Jersey civil service employment law is the concept of “progressive discipline.”   Background New Jersey has a…

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The New Jersey Supreme Court Issues Major Ruling on Civil Service Appeals

All state employees, and the majority of state and local employees in New Jersey, are governed by the New Jersey’s civil service laws.  In the case of In the Matter Hendrickson, The New Jersey Supreme Court recently issued a landmark decision on the level of deference given by courts to…

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Protecting Business Information Under the New Jersey Trade Secrets Act and With Confidentiality/Non-Disclosure Agreements

Businesses entering into negotiations with other businesses or persons often need to give the other party confidential information.  For example, a business will need to give a potential buyer information regarding its revenue, expenses, customers, formulas, payroll, vendors, and pricing so that the potential buyer can formulate an offer during…

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Third Circuit Issues Major Employment Law Decision Affecting New Jersey Sexual Harassment Claims

The United States Court of Appeals for the Third Circuit recently issued an important decision on the law of sexual harassment in the case of Sheri Miransky versus Susquehanna County and Thomas Yadlosky, Jr.  The Third Circuit hears appeals from the Federal District Courts of New Jersey, Pennsylvania, Delaware and…

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The Extent of State University’s Immunity from Local Governance

Montclair State University has spent the last decade or so trying to obtain approval from the County of Passaic and the City of Clifton to construct a roadway which would intersect with a county road. Both the County and the City raised concerns about the proposed development and Montclair State…

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New Jersey’s Sick Leave Law

On May 2, 2018, New Jersey’s governor, Phil Murphy signed into law New Jersey’s Paid Sick Leave Act.  This new Act requires employers to provide up to 40 hours of paid sick time to covered employees each year (excluding most construction employees under a collective bargaining agreement and public employees…

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