In a recent decision, the Appellate Division of the New Jersey Superior Court declined the Borough’s request to set a bright-line rule that completion of discovery or the commencement of a disciplinary appeal precluded a related retaliation suit. Instead, the court held that the imposition of estoppel involves a “fact-sensitive
The Appellate Division recently upheld the Civil Service Commission’s (CSC) decision to repeal N.J.A.C. 4A:4-4.8(b)(4), which had required appointing authorities to provide a “statement of the reasons why the appointee was selected instead of a higher ranked eligible [candidate].” The Legal Background Pursuant to the New Jersey Constitution, Civil Service
In two related cases, the New Jersey Superior Court’s Appellate Division recently concluded that several “lame duck” police promotions made by the former mayor of the Township of Edison were arbitrary and capricious, requiring the promotions to be set aside. The Facts of the Case The cases both resulted from
The Court of Appeals for the Third Circuit recently issued a precedential wage and hour decision that will impact how New Jersey municipalities pay their police and fire personnel. In Rosano v. Township of Teaneck, the court held that the municipality properly applied the Sec. 207(k) partial overtime exemption under
A New Jersey federal judge recently certified a class action lawsuit against the City of East Orange. The plaintiffs in the case are law enforcement officers who allege that the city failed to compensate them for overtime wages in accordance with the Fair Labor Standards Act (FLSA). Under the FLSA,
The Appellate Division of the New Jersey Superior Court recently considered the application of the “temporary” employee exception to the New Jersey Tenure Act. The decision in Platia v. Board of Education of the Township of Hamilton, Mercer County provides greater clarity with regard to how the exception applies to
In a recent decision, the Appellate Division of the New Jersey Superior Court outlined the process for adopting or rejecting the findings of an Administrative Law Judge when seeking to bring tenure charges against a county college employee. The case, In The Matter Of The Tenure Hearing Of Francis Lawrence,
New Jersey has some of the toughest anti-bullying laws in the country. For local school systems, this means prompt investigation of harassment claims and meaningful remedial measures to address it. As highlighted by a recent New Jersey school lawsuit, failures to address bullying can lead to costly liability. The Old
