The New Jersey Law Against Discrimination prohibits discrimination and harassment in the workplace. The New Jersey Civil Service Commission published a regulation incorporating this requirement. However, in the case of Savchenko v. State of New Jersey, the New Jersey Supreme Court found that a portion of this regulation which requested…
New Jersey employment lawsuits alleging discrimination, harassment or retaliation are often resolved in settlement agreements. The New Jersey Supreme Court recently clarified the permissible scope of non-disparagement agreements in those settlement agreements in the case of Savage v. Township of Neptune. Background Christine Savage was a police officer with…
New Jersey civil service law provides employees with an effective avenue for appealing adverse employment decisions to the New Jersey Civil Service Commission. However, in the case of Matter of Trejo, Police Officer and Union City, a New Jersey appeals court held that an employee may be removed from a…
New Jersey employment law has generally upheld non-compete (or non-competition) agreements provided they met certain requirements aimed at allowing employees to earn a living. Non-compete agreements have been much vilified by pro-employee groups, and much supported by pro-employer groups. However, the United States Federal Trade Commission has issued a rule…
The Wage and Hour Division of the United States Department of Labor has issued a new regulation vastly increasing the number of employees who are entitled to overtime. Background Both Federal and New Jersey employment law both require that employees must be paid one and a half times their regular…
Federal and New Jersey employment law both prohibit discrimination because of an employee’s gender. The United States Supreme Court’s recent decision in the case of Muldrow v. City of Saint Louis establishes what employees must prove to have a viable lawsuit for gender discrimination under Title VII of the Civil…
Background Employment as a teacher and in many other New Jersey public school positions requires that the employee hold a certificate to work in their positions. However, under certain circumstances, these certificates can be suspended or revoked, rendering the employee ineligible to work in their chosen profession. The New Jersey…
In New Jersey Civil Service, hiring and promotion are done in accordance with the applicant’s (or “eligible’s”) rank on a list. There are specific reasons why an applicant may be removed from a Civil Service list. However, sometimes removal is done because of favoritism, nepotism, politics, discrimination, whistleblower retaliation, cronyism,…
Arbitrators make the final decision in hearings on tenure charges. Appeals are limited. However, the scope of their powers to fashion appropriate discipline was open to question. As I wrote last year, the Appellate Division of New Jersey’s Superior Court ruled in the case of Sanjuan v. School District of…
A recent New Jersey construction law development will greatly affect contractors. The New Jersey Legislature passed a new law regulating home improvement and home elevation contractors, which Governor Murphy signed into law on January 8, 2024. The regulations governing home improvement contracts and home elevation contractors were already draconian, but…