"New Jersey Employment Lawyers"

Published on: August 25, 2020

Appellate Division Issues Important New Jersey Employment Law Decision on Whistleblower Law

Employment Law Evidence Issues

Our employment lawyers represent employees and employers in all aspects of New Jersey employment law. One of the most litigated issues is the evidence which an employee must present to demonstrate that retaliation or discrimination was behind an adverse action, such as supreme-administrative-court-3565618_960_720-300x200 firing or demotion. The Appellate Division recently issued an important decision on the ability of jurors to infer retaliation from circumstantial evidence.

The Yatauro Case

Published on: June 6, 2020

New Jersey Civil Service Layoffs Rights

by Maurice W. McLaughlin

In the tough economic times brought on by COVID-19, many governors and veterans-300x200 mayors, including New Jersey’s Governor Murphy, have said that widespread layoffs may be necessary if federal assistance is not forthcoming. Our attorneys represent New Jersey Civil Service employees, and we see the struggles they are facing. Given this, we thought the time was right to review the layoff rights available under New Jersey Civil Service law.

Layoffs

A layoff is the termination of a permanent employee’s employment because of economic reasons. Demotions or reduction of hours for economic reasons are also treated as layoffs, triggering the rights and procedures applicable to layoffs.

Published on: April 1, 2020

Federal Coronavirus Stimulus Package

by Pauline M.K. Young

Epidemic, Coronavirus, Lurking, Virus
As a result of the coronavirus (“COVID19”), the state and federal governments have been taking significant steps to enact laws to assist with relief efforts, particularly in relation to the economic strain that many individuals, families, and businesses are facing as a result of widespread closures, business limitations, and stay-at-home orders.

The federal government previously passed the Families First Coronavirus Response Act which provides emergency relief in relation to job protection and paid leave. Now Congress is working on a new stimulus bill which would provide $2 trillion in relief aid through several different avenues. This bill has not yet been passed and therefore is still subject to change at this point. However, it appears that several core areas are likely to remain and be ultimately signed into law.

This includes: unemployment assistance, rebates to individuals (relief checks), tax credits to businesses which were closed or significantly effected by COVID-19 and continued to pay employees, bailout loans for major companies such as airlines and hotels (this is perhaps the area most disputed in Congress and therefore most subject to change), and funding to hospitals and health care facilities.

Published on: March 24, 2020

New Jersey’s Law Against Discrimination May Protect Marijuana Usage as a Reasonable Accomodation

by Pauline M.K. Young

Addict, Addiction, Amsterdam, Cannabinol
New Jersey’s Law Against Discrimination (“LAD”) protects employees from adverse employment actions (being fired or demoted for instance) based on any protected characteristic such as disability, race, gender, age, etc. For employees with disabilities, the LAD has been interpreted by the Courts to require employers to provide reasonable accommodations to employees with disabilities.

In July of 2019, Governor Murphy signed the Jake Honig Compassionate Use of Medical Cannabis Act, amending New Jersey’s Compassionate Use of Medical Marijuana Act (“CUMMA”). This amendment added several provisions, including that it is now unlawful to take adverse employment action against an employee who is registered as someone permitted to obtain and use medical marijuana. However, this does not protect an employee from being fired or otherwise subject to an adverse employment action for possession of marijuana at work or using during work hours or at the workplace location.

While this is a new law, the Courts have already been coming to much the same decisions. Indeed, in the case of Wild v. Carriage Funeral Holdings, Inc., the court considered a case where an employee was fired in 2016 when the employers found out that he used medical marijuana (legally) as part of his cancer treatment/pain management. Plaintiff sued the former employer for unlawful discrimination and failure to accommodate a disability. The trial court dismissed the action based on the law’s language (which has since been removed as part of the amendment) that nothing in the act “shall be construed to require an employer to accommodate the medical use of marijuana in any workplace.”)

Published on: March 24, 2020

New Jersey Coronavirus/COVID-19 Employment Issues

by Maurice W. McLaughlin

Hello everyone, I am Pauline Young. I am one of the partners here at McLaughlin & Nardi, LLC. First of all, I should say forgive me for my informal attire today, with the coronavirus, we are working with what we have here.

New Jersey Coronavirus Employment Issues

Published on: March 17, 2020

New Jersey Civil Service Disciplinary Appeals

by Maurice W. McLaughlin

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 office-workers-2-300x200 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.

Published on: March 15, 2020

The New Jersey Civil Service Veteran’s Preference

by Maurice W. McLaughlin

Qualified candidates for permanent, career, classified New Jersey Civil Service veterans-300x200 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.

Published on: March 12, 2020

New Jersey Civil Service Commission List Bypass Appeals

by Robert Chewning, Esq.

Hello.

This is Robert Chewning from McLaughlin & Nardi. I am here today to talk about Civil Service Commission appeals, specifically list bypass appeals.

Published on: March 10, 2020

Civil Service Hiring, Eligible Lists, and the Rule of Three

by Maurice W. McLaughlin

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 civil-service-jobs-300x200 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.

Published on: March 2, 2020

New Jersey Civil Service Testing and Examination Appeals

by Maurice W. McLaughlin

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’ mulitple-choice-exam-300x200 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.