Author: Sean D. Dias

New Jersey Prompt Payment Act Extended to School Districts, Local Governments and Independent Authorities

State Governments Challenging DOL Overtime Rule

A coalition of 22 states is challenging the Department of Labor’s (DOL) new overtime rules, which are slated to take effect in December. The lawsuit is seeking preliminary and permanent injunctions declaring that the DOL’s Final Rule is unlawful.  As we previously discussed on this blog, the DOL is raising

Fitness for Duty Examinations Under the ADA

Fitness-for-Duty Examinations Under the ADA

In a recent decision, a New Jersey appeals court considered whether requiring a public employee to undergo a fitness-for-duty test ran afoul of the Americans with Disabilities Act (ADA). In In the Matter of Paul Williams and Township of Lakewood, the Appellate Division of the New Jersey Superior Court ultimately

Assembly Passes Bill to Allow Volunteer Firefighters to Receive Public Employee Retirement Benefits

NJ Appeals Court Addresses Employer-Employee Relations Act

The Appellate Division of the New Jersey Superior Court recently addressed when public employers can be held liable under the New Jersey Employer-Employee Relations Act, which prohibits the discharge of employees for union activity. In its decision, the court confirmed broad remedial authority of the Public Employment Relations Commission (PERC)

Proposed Bill Codifies NJ’s Leave Donation Policy

NJ Appeals Court Defines “Agenda” Under OPMA

In Opderbeck v. Midland Park Board of Education, the Appellate Division of the New Jersey Superior Court addressed the requirements for an agenda subject to the New Jersey Open Public Meetings Act (OPMA). The appeals court overturned a trial court decision holding that a school board’s bare-bones agenda violated the

When Are NJ Police Officers Entitled to Attorney’s Fees After Dismissal of Disciplinary Charges?

When Are NJ Police Officers Entitled to Attorney’s Fees After Dismissal of Disciplinary Charges?

A New Jersey appeals court recently addressed when police officers are entitled to reimbursement of attorney’s fees and costs pursuant to N.J.S.A. 40A:14-155. Under the statute, attorneys’ fees are awarded to a police officer who obtains a dismissal of disciplinary charges filed against him, provided that the disciplinary charges “aris[e]

NJ Appeals Court Sides with Morris County in Condemnation Action

NJ Appeals Court: Refusal to Implement Final PFRS Board of Trustees Determination Is Ultra Vires

A New Jersey appeals court recently decided a case involving nine appeals filed by five municipalities and four police and firefighter unions. While traditionally on opposite sides of labor disputes, the plaintiffs all challenged the Acting Director of the Division of Pensions and Benefits’ decision to refuse to implement the


NJ Supreme Court Addresses Indemnification of School Employees

The Supreme Court of New Jersey recently addressed whether N.J.S.A. 18A:16-6 entitles a school board employee to indemnification for attorney fees and costs spent in defense of a civil action arising from the same allegations contained in a dismissed criminal indictment. In L.A. v. Board of Education of the City