New Jersey public employees have multiple venues to litigate employment claims against their government employers. Forums Available to New Jersey Public Employees New Jersey government employees can sue in New Jersey state court, beginning with the Superior Court of New Jersey which sits in each county, for violation of…
The Federal appeals court which hears New Jersey cases issued a precedential decision explaining the definition of “disability” for purposes of disability discrimination under the Americans with Disabilities Act. Background Andrew Morgan was employed by Allison Crane & Rigging LLC as a millwright laborer. On September 29, 2020 he…
Progressive discipline is a bedrock principle in New Jersey civil service law. However, while flexible, progressive discipline has its limits. The New Jersey Supreme Court recently issued a precedential employment law decision examining when progressive discipline allows for termination of a law enforcement officer’s employment for even a first offense…
Under New Jersey employment law, tenure provides college, university and school faculty great protection. However, this protection is not unlimited. A New Jersey appeals court explained how courts should review decisions to terminate a tenured college professor in the case of Chee Ng v. Fairleigh Dickinson University. Background Dr.…
New Jersey employment law prohibits pregnancy discrimination and disability discrimination. The United States Third Circuit Court of Appeals recently examined the standard employees must meet to prove pregnancy discrimination and disability discrimination in the case of Peifer v. Pennsylvania Board of Probation and Parole. Peifer’s Employment with the Board…
New Jersey employment law requires teachers and other public education employees to hold teaching certificates, or other certificates as appropriate to the position, as a prerequisite to holding their job. A New Jersey appeals court recently examined the legal principles involved when the New Jersey State Board of Examiners determines…
New Jersey employment law affords significant wage and hour protections to employees through the New Jersey Wage and Hour Law and the New Jersey Wage Payment Law. Both laws were significantly strengthened by amendments in 2019, adding additional penalties, recovery of attorneys fees, enhanced damages, and a longer, six-year statute…
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 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…