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Articles Posted in New Jersey Employment Attorneys

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New Jersey Pregnant Employee Protections Enhanced by Federal Pregnant Workers Fairness Act and the EEOC’s Implementing Regulations

New Jersey employment law provides significant protections for employees who are pregnant, breastfeeding, or have recently given birth. The New Jersey Law Against Discrimination provides protection against discrimination against pregnant and breastfeeding employees.  It also requires that employers make reasonable accommodations available so that pregnant or breastfeeding employees and new…

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Hiring New Jersey Municipal Police Officers and Firefighters

New Jersey employment law governs the hiring of municipal police officers and firefighters, particularly Titles 11A and 40A of New Jersey Statutes.  These local first responders play critical roles in our society.  New Jersey employment law therefore closely regulates the hiring process to ensure that New Jersians are served by…

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NJ Appeals Court Confirms Government Employees Can Only Litigate Employment Claims in One Forum

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…

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“Disability” Defined for Disability Discrimination by Federal Appeals Court Decision

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…

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Limits of Progressive Discipline in New Jersey Civil Service Addressed by State Supreme Court

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…

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New Jersey Tenure Decisions at Private, as Well as Public Colleges and Universities, Examined by Appeals Court Decision

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.…

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Federal Appeals Court Clarifies Standard for Proving Harm Caused by Discrimination

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…

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New Jersey Employment Law Decision Examines Suspension and Revocation of Teaching Certificates

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…

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New Protections of New Jersey Wage and Hour Law and New Jersey Wage Payment Law Apply Prospectively, Supreme Court Rules

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…

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New Jersey Supreme Court Limits Non-disparagement Agreements in Settlement of Discrimination Lawsuits

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…

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