A recent New Jersey employment law decision in the case of In the Matter of Wilfred Guzman, Rockaway Township Police Department, examined what penalties are available against a New Jersey civil service law enforcement officer. Background Wilfredo Guzman was a police officer with the Rockaway Township Police Department, a…
Attaining tenure is a milestone for public school employees. Under New Jersey employment law, tenure carries legal protections against termination or discipline without just cause, and requires formal tenure charges and the right to challenge those charges through a hearing and appeal process. These protections are extremely valuable. Much literature…
Police officer discipline has significant ramifications under New Jersey employment law, whether the officer is in a civil service or non-civil service police department. These extend beyond the ramifications of discipline for other public and private employees in New Jersey. The Appellate Division of the New Jersey Superior Court recently…
The Appellate Division of the Superior Court of New Jersey examined the evidence necessary for claims of retaliation, discrimination and harassment under New Jersey’s Law Against Discrimination and New Jersey’s whistleblower law, the Conscientious Employee Protection Act. The unpublished opinion also examined what law an employee may bring suit under…
The New Jersey Wage and Hour Law regulates minimum wage and overtime requirements. It is New Jersey’s counterpart to the Federal Fair Labor Standards Act. The Wage and Hour Law and Fair Labor Standards Act are bedrock elements of New Jersey employment law. Under the Wage and Hour Law, New…
As we have explained here before, the New Jersey Civil Service appeal process gives civil service employees a meaningful avenue for appealing discipline imposed by their government employers. However, a recent appellate opinion is a good reminder that this meaningful avenue for appeal is a two-way street. The New…
The recent trend has been for courts to find arbitration agreements enforceable under both Federal and New Jersey employment law. However, prior to enforcing an arbitration agreement, courts must find that there was actually agreement. This simple concept was emphasized again by the Appellate Division of the Superior Court of…
A while ago I wrote a blog detailing the disciplinary process and appeal rights of non-civil service police officers under New Jersey employment law. The Appellate Division of the Superior Court of New Jersey recently issued an opinion clarifying who is and isn’t a law enforcement officer entitled to these…
The Appellate Division of the Superior Court recently issued an opinion on New Jersey employment law discussing the nature of sexual harassment and when a tort claim notice must be served in the employment context. The Willis Case In this case, Willis v. Walker, Fuller and the College of…
An important New Jersey employment law decision was recently issued by the Appellate Division in the case of Dibuonaventura vs. Washington Township. The case has a long and tangled history, but this decision illustrates several important employment law rules affecting New Jersey government employees. Background: Dibuonaventura I & II…