August 2016 - Government & Law Blog

Division of Local Government Services Must Approve Bidder Prequalification Requirement

On August 30, 2016June 29, 2022 By Sheri Siegelbaum

The Division of Local Government Services (DLGS) recently published guidance regarding the process of incorporating bidder prequalification requirements into municipal public works and construction bid specifications. The DLGS notice specifically reminds local governments that its approval is required for any prequalification requirement to be enforceable. Bidding Requirements Under the Local

Chevron Takes Center Stage in Third Circuit’s FMLA Decision

Categories : Constitutional LawTags : Public law Supreme CourtLeave a comment

U.S. Supreme Court Wrap Up: Public Law Decisions from 2016 Term

On August 26, 2016June 29, 2022 By Sheri Siegelbaum

The U.S. Supreme Court’s October 2016 Term will be most remembered for the vacancy created by the death of Justice Antonin Scalia. While the Court was shorthanded, it did reach decisions in several cases impacting local governments. This post offers a brief review of several key public law decisions: Heffernan

Third Circuit Holds Media Not Entitled to Court Docs in Bridgegate Case

Categories : UncategorizedTags : New Jersey Open Public Records Act OPRALeave a comment

New Jersey Supreme Court Agrees to Consider Key OPRA Issue

On August 23, 2016June 29, 2022 By Donald Scarinci

The Supreme Court of New Jersey recently granted certification in Paff v. Galloway Twp. The case involves a key interpretation of the state’s Open Public Records Act (OPRA). In April, the Appellate Division concluded that municipalities do not have to create records when responding to an OPRA request. The appeals

Categories : Municipal LawTags : Smoking ordinance Smoking regulationsLeave a comment

Gov. Christie Conditionally Vetoes Bill Banning Smoking in Public Parks

On August 19, 2016June 29, 2022 By knova

Gov. Chris Christie recently conditionally vetoed legislation that would have prohibited smoking at all public parks and beaches in New Jersey. Under the Governor’s proposed changes, the law would be limited to state-owned property. The proposed legislation (A-893/S-1734) extends the provisions of the New Jersey Smoke Free Air Act, which

Categories : School LawTags : Higher education New Jersey education lawLeave a comment

Law Requires NJ Higher Ed Institutions to Adopt Suicide Prevention Measures

On August 16, 2016June 29, 2022 By Sheri Siegelbaum

Gov. Chris Christie recently signed legislation into law that will require higher education institutions in New Jersey to take steps to prevent suicide. The measure, which applies to all colleges and universities, unanimously passed in both the Senate and the Assembly. The Madison Holleran Suicide Prevention Act specifically requires institutions

New Jersey Lawmakers Propose State-wide Airbnb Tax

Categories : Municipal LawTags : Airbnb Municipal taxLeave a comment

NJ Lawmakers Propose State-wide Airbnb Tax

On August 12, 2016June 29, 2022 By knova

New Jersey lawmakers are currently considering legislation that would make rentals via Airbnb and similar online marketplaces subject to the same state and local occupancy taxes as hotel and motel rooms. The proposed bill is the latest attempt of state and local authorities to regulate the so-called “sharing” economy. Under

Categories : Land UseTags : New Jersey municipal zoning laws Time of application ruleLeave a comment

NJ Appeals Court Clarifies Time of Application Rule

On August 9, 2016June 29, 2022 By Patrick J. McNamara

In Jai Sai Ram, LLC et al. v. Planning/ Zoning Bd. of the Borough of S. Toms River et al., the Appellate Division held that the time of application rule does not apply where, after a property owner or developer submits an application for a use variance, the municipality amends

Categories : Public Employment LawLeave a comment

DOL Issues Overtime Rule Guidance for Local Governments

On August 5, 2016June 29, 2022 By Sean Dias

The Department of Labor (DOL) recently published guidance regarding the overtime rule updates that are scheduled to take place later this year. The publication specifically addresses the unique legal concerns of state and local governments. As we previously discussed on the Scarinci Hollenbeck Business Law New Blog, the DOL is

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