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Articles Posted in “New Jersey employment law.”

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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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Supreme Court Decision Indicates That Application of the Joint Employer Doctrine in New Jersey Employment Law Cases is Question for Jury

New Jersey employment law recognizes the concept of “joint employers.”  Under this legal doctrine, an employee can have two employers even though he only gets paid by one.  The doctrine provides that when more than one entity acts as a person’s employer, both are jointly responsible for complying with employee…

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New Jersey Supreme Court Issues Important Decision on Waiver of a Teacher’s Tenure Rights

New Jersey employment law has few more contentious areas than tenure rights for public school teachers.  I previously wrote about the Appellate Division decision in Parsells v. Board of Education of the Borough of Somerville.  The case was subsequently appealed, and the New Jersey Supreme Court upheld the Appellate Division’s…

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Update on Sanjuan v. School District of West New York Case: NJ Supreme Court Grants Certiorari in Education Employment Case

UPDATE: This post was originally published on January 3, 2023.  On May 22, 2023, the Supreme Court of New Jersey granted a writ of certiorari, meaning it will review the Appellate Division’s opinion in this case.  The original post is below.  Stand by for more.   ORIGINAL POST:  In many…

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New Jersey’s Temporary Workers’ Bill of Rights

New Jersey is one of the most employee-friendly states in the nation; and its becoming more and more employee-friendly every year. On February 6, 2023, Governor Murphy signed the Temporary Workers’ Bill of Rights Act into law.  This law clarifies and expands employee protections for non-exempt (hourly) employees who work…

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New Jersey Age Discrimination in Employment Protections Strengthened

The New Jersey Law Against Discrimination New Jersey employment law has long been at the forefront of prohibiting discrimination.  Indeed, the Legislature adopted New Jersey’s Law Against Discrimination in 1945, long before the Federal Civil Rights Act of 1964 first banned employment discrimination on the basis of race, and even…

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Appellate Division Addresses Notice Required Before Teacher Waives Her New Jersey Tenure Rights

New Jersey employment law provides many protections to employees.  One of the strongest of these is the tenure rights afforded to public school teachers.  Even with such strong protections, for many reasons employees sometimes decide to forgo these rights.  The Appellate Division of the Superior Court of New Jersey recently…

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New Jersey Employment Law Decision Upholds Non-Tenured School Employee’s Rights

In a recent New Jersey employment law decision, the Appellate Division of New Jersey’s Superior Court rejected a board of education’s argument that it had substantially complied with the requirements for giving notice to untenured employees whose employment contract was not going to be renewed for the following school year.…

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New Jersey Raises Minimum Wage Rate In 2022

The Increase New Jersey’s minimum wage rate is going up again.  The new minimum wage rate during this incremental increase is $13 per hour effective January 1, 2022.   Background In 2019, Governor Murphy signed legislation raising New Jersey’s minimum wage rate.  The ultimate rate will be a minimum wage…

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Appellate Division Examines Process for Non-Civil Service New Jersey Police Officers to Challenge Discipline, But Reminds Us the Burden of Proof is on the Officer

Government employees receive significant due process rights to challenge employer discipline which private sector employees and employees in non-civil service jurisdictions do not enjoy.  However, because New Jersey employment law recognizes the great responsibility placed on law enforcement officers, the Legislature has enacted robust procedures for police officers not covered…

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