Labor and Employment Law

Published on: February 23, 2020

Civil Service Disciplinary Procedures at the Employer Level

Because the purpose of the New Jersey Civil Service System is to remove politics, nepotism and favoritism from the hiring and disciplinary disciplinary-1326277__340-300x300 processes to ensure that employment decisions are based on merit and fitness, just cause must be found for imposing discipline. And because the employer is the government, all discipline, New Jersey’s Court’s have explained, “is governed by principles of notice, due process and fundamental fairness.” The key to this is notice and the opportunity to be heard at a hearing.

Written Notice and the Opportunity for a Hearing Before Appointing Authority

Before disciplinary action may be taken against a permanent civil service employee or during an employee’s working test period, the employee must get written notice and the opportunity for a hearing on major discipline. This notice comes in the form of a “Preliminary Notice of Disciplinary Action” (“PNDA”). The PNDA must set forth the charges and give a specification. It must give the employee the opportunity for a hearing prior to major discipline. The PDNA should give the employee notice of all the charges and specifications against him so he can prepare a defense.

Published on: October 9, 2019

Third Circuit Upholds Jury Verdict Finding Age Discrimination Under New Jersey Law Against Discrimination

by Maurice W. McLaughlin

New Jersey’s Law Against Discrimination has rightly been called one of the strongest employee protection laws in the nation. This is true both because of the broad range of inherent characteristics which it protects from discrimination, and the strong legal protections and remedies it provides. In short, the Law Against Discrimination prohibits employers from discriminating against employees because of a wide range of inherent qualities which make them who they are. It likewise prohibits harassment because any of these characteristics as well. These protected characteristics include race, creed, color, national origin, nationality, ancestry, sex (including pregnancy and sexual harassment), marital status, domestic partnership or civil union status, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, liability for military service, and mental or physical disability, including AIDS and HIV related illnesses. It also prohibits discrimination or harassment because of an employee’s age.

The Andujar Case

The Third Circuit Court of Appeals, which hears appeals from the federal district courts in New Jersey, Pennsylvania, Delaware and the United States Virgin Islands, recently issued an instructive opinion in the appeal of an age discrimination verdict under the Law Against Discrimination in the case of Santos Andujar versus General Nutrition Corporation.

Published on: September 26, 2019

Third Circuit Court of Appeals Defines Standard for Finding “Willful” Violations of the Fair Labor Standards Act

by Maurice W. McLaughlin

Willful Violations Under The Fair Labor Standards Act

352099_construction_3-002-300x225 The Federal Fair Labor Standards Act establishes rates of minimum wage and overtime pay which employers must pay to their employees. Employees successfully suing their employers for violations of these requirements can recover their lost wages, and their employers will be required to pay their attorneys fees and litigation costs. The Fair Labor Standards Act provides that willful violations of these requirements will result in double damages – ie., the employer will be required pay the employee twice the amount of wages or overtime it did not pay. A willful violation also extends the statute of limitations for suing from two years to three.

Willfulness: The Question Facing the Third Circuit