In the time of the Coronavirus (COVID19), many people are concerned about the likelihood of needing to file for unemployment benefits in New Jersey in the near future.
Certainly, many people will be in need of New Jersey State assistance in 2020 and beyond as a result of the coronavirus pandemic and its effects.
Coronavirus be damned, McLaughlin & Nardi is open to help the people and businesses we served for years get through this crisis, and we’ll work with new ones too. This too shall pass, but in the meantime we are here to help you.
Governor Murphy has indicated that he will be shutting down all nonessential businesses. We think we are essential, but if he tells us to close our doors so we will, but we will not close our firm. We are set up to operate remotely, and will be fully functional to help you during this time of need.
A main goal of the New Jersey Civil Service Act is to ensure that employment decisions are based on merit and fitness, and therefore to prevent discrimination, political cronyism, corruption and nepotism from being a consideration. Thus, the Legislature has given civil service 
employees the ability to appeal most employer imposed discipline to the New Jersey Civil Service Commission.
Right to Appeal Major Discipline to the New Jersey Civil Service Commission.
Qualified candidates for permanent, career, classified New Jersey Civil Service 
employment who meet the Civil Service definition are eligible to receive a veterans and disabled veterans preference, which increases their ranks on eligible lists. The courts have explained that the purpose of the preference is to “reward those whose military commitments, commissioned or enlisted, were of such a nature and duration as to interfere substantially with an individual’s civilian status.”
Veterans Eligible for Preference
Not all “veterans”, as the term is generally used, are eligible for a New Jersey Civil Service preference. Only “veterans” and “disabled veterans” of certain military operations as defined by the New Jersey Civil Service Act are eligible. Thus, veterans of some military operations, such as, for example, Operations Earnest Will, Nimble Archer and Praying Mantis, in the Persian Gulf Region in 1987 and 1988, are excluded.
Hello.
This is Robert Chewning from McLaughlin & Nardi. I am here today to talk about Civil Service Commission appeals, specifically list bypass appeals.
Collectively, New Jersey state and local governments are the largest employer in the State. Most of these jurisdictions are governed by the New Jersey Civil Service Act. In New Jersey Civil Service jurisdictions, hiring, firing, promotion and discipline is governed by the Civil Service Act and Regulations. This makes the Civil Service System one of the most important elements in New Jersey employment law.
The Use of Eligible Lists in Hiring and Promotion
Candidates for initial hiring and promotion in the permanent, career, unclassified civil service are selected and appointed based on their 
placement on eligible lists (also referred to as “certifications”). There are five types of eligible lists: Open competitive lists, promotional lists, regular reemployment lists, police and fire reemployment lists, and special reemployment lists.
The key to New Jersey Civil Service hiring and promotion is the examination. The State Constitution and New Jersey Civil Service Act require merit-based appointments based, whenever possible, on examinations.
Announcements. The New Jersey Civil Service Commission is responsible for administrating examinations which fairly test applicants’ 
knowledge, skills and abilities for the job. Announcements are posted on the Commission’s website, and provided by the employer. Announcements include title, salary information, admission qualifications, filing information, and duties and responsibilities. No unannounced requirements can be considered. Applications must be filed by the announced date. The applicant must be a resident of New Jersey and the specified local jurisdiction, unless a different residency requirement is specified or there are not enough available qualified residents. Applicants for municipal law enforcement or firefighter positions must be under 35 for open competitive examinations, except that applicants under 45 may subtract prior law enforcement experience to meet the 35 year age requirement. Veterans may subtract their service from their age to determine eligibility.
Types of Examinations. Examinations may be written; oral; performance evaluation; physical performance tests; assessment exercises; and evaluation of education, training and experience. The goal is to objectively measure an applicant’s fitness and merit. Thus, while subjectivity in developing an examination is not forbidden, it must be limited.
New Jersey’s Department of Environmental Protection (“NJDEP”) regulates the transportation of waste in New Jersey. This involves a significant licensing process including an A-901 application (including Personal History Disclosure Statements for all owners, officers and key employees and a Business Disclosure Statement, as well as second-level application documents for parent or related companies).
That regulation is now being extended to companies which transport soil and fill. This may have a significant impact on contractors and landscapers who were not previously required to obtain licensing with the DEP. Indeed, Governor Murphy signed bill A-4267 into law on January 21, 2020. This law expands the NJDEP’s regulatory powers to those companies which provide soil and fill recycling services. Any business which transports, collects, processes, sells, stores, or disposes of soil and/or fill recyclable materials must be licensed with and approved by the NJDEP.
The law defines “soil and fill recyclable materials” as:
New Jersey Lawyers Blog