New Jersey Civil Service law establishes procedures for hiring and promoting government employees in New Jersey state and local government civil service jurisdictions. Appointments In Civil Service, “appointment” means getting a job, whether through initial hiring, promotion, transfer or otherwise. All initial and subsequent appointments must be submitted for…
How a New Jersey public employment position is classified can have enormous effects on an employee’s rights. This blog describes some of the details about how the New Jersey Civil Service Commission classifies New Jersey Civil Service jobs, and what the consequences of those classifications are. Some terms Under…
In an important decision interpreting New Jersey employment law, the Supreme Court ruled in the case of Melnyk versus the Delsea Regional High School District that analyzing whether a position is eligible for tenure protection depends on the statutory requirements, not on how the employer chooses to label it. Paula…
Discipline is a major component of New Jersey’s Civil Service system. Discipline under New Jersey Civil Service law is either “major” or “minor.” Major Discipline The main procedural consequence of the difference major discipline and minor discipline is that major discipline can be appealed to the New Jersey Civil…
No discussion of New Jersey employment law would be complete without New Jersey’s Civil Service System, which governs all state government employees, and employees of twenty of New Jersey’s twenty-one counties, and the majority of its municipalities. As far back as 1961, the Appellate Division gave a cogent summary of…
Employee Choices for Challenging Discipline In a recent unpublished decision, the Appellate Division of the Superior Court addressed the employment law issue of jurisdiction for appealing discipline of tenured school employees. When a New Jersey government employee faces discipline, there are several avenues for relief depending on the nature of…
On December 6, 2019, the New Jersey Civil Service Commission recently reviewed and rescinded its September 5, 2018 decision which removed an applicant’s name from an eligible list for Jersey City police officer. The case was argued by Maurice W. McLaughlin, Esq., and Robert K. Chewning, Esq. After the Civil…
In the case of Secretary of United States Department of Labor vs. Bristol Excavating, Inc., the United States Court of Appeals for the Third Circuit, recently issued an important, precedential opinion on when payments by third-parties need to be included by employers in the calculation of their employees’ overtime pay…
Both New Jersey’s tenure laws in Title 18A, which govern employees in New Jersey’s public schools, and the New Jersey Civil Service Act in Title 11A and Civil Service regulations are designed to ensure that government employment decisions, such as hiring, firing, promotion, etc., are made based on merit rather…
Governor Murphy signed New Jersey’s Equal Pay Act into law in 2018. The NJEPA takes a necessary step in making pay discrepancies in the workplace more transparent with the hopes that this will address the pay differential between white men minorities, and women. Essentially, it bars any penalty to any…