Category: Public Employment Law

NJ Supreme Court Reverses Child Abuse Conviction After Defendant Denied Right to Counsel

NJ Supreme Court Rules Workers Misclassified as Independent Contractors

In East Bay Drywall, LLC. v. Department of Labor and Workforce Development (A-7-21) (085770) (Decided August 2, 2022), the Supreme Court of New Jersey held that drywall workers employed by East Bay Drywall, LLC, were improperly classified as independent contractors under the Unemployment Compensation Law. According to the court, having

Will New Jersey Clarify the Law on Off-Duty Cannabis Use by Law Enforcement?

Will New Jersey Clarify the Law on Off-Duty Cannabis Use by Law Enforcement?

Now that adult-use cannabis sales have begun in New Jersey, many municipalities and their employees are raising questions about when off-duty cannabis use is permitted. One of the most controversial issues involves off-duty cannabis use by law enforcement. While the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act protects workers

Law Enforcement & Personal Use Cannabis

Law Enforcement & Personal Use Cannabis

On April 13, 2022, the Attorney General issued a memorandum to law enforcement agencies authorizing off-duty cannabis use under the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.  Given the sudden and extreme departure from the norm, the memorandum was met with a broad variety of reactions.  Some expressed support,

NJ Supreme Court Rules Settlement Agreement Involving Terminated Corrections Officer Must Be Disclosed Under OPRA

NJ Supreme Court Rules Settlement Agreement Involving Terminated Corrections Officer Must Be Disclosed Under OPRA

In Libertarians for Transparent Government v. Cumberland County, (A-34-20/084956) (Decided March 7, 2022), the Supreme Court of New Jersey held that a settlement agreement between a former corrections officer and his employer, defendant Cumberland County, may be disclosed under the Open Public Records Act (OPRA), subject to redaction. According to

New Jersey Appellate Division Upholds Vaccination Mandates for Correctional Officers

New Jersey Appellate Division  Upholds Vaccination Mandates for Correctional Officers 

New Jersey’s state-level vaccine mandates continue to hold up against legal challenges. On February 11, 2022, the Appellate Division upheld Governor Phil Murphy’s vaccination mandate that applies to all State and County Correctional Police Officers. Four days later, the Supreme Court of New Jersey denied the New Jersey State Police

Appellate Division Rules Administrative Assistant Entitled to Tenure Hearing

Appellate Division Rules Administrative Assistant Entitled to Tenure Hearing

The Appellate Division recently reversed a decision issued by the Commissioner of Education regarding the termination of an administrative employee of eight years, without a tenure hearing… The Appellate Division recently reversed a decision issued by the Commissioner of Education regarding the termination of an administrative employee of eight years,

NJ Attorney General Adopts Revised Use of Force Policy

NJ Attorney General Adopts Revised Use of Force Policy

Last month, New Jersey Attorney General Gurbir S. Grewal announced significant changes to the statewide “Attorney General Directive Establishing the Use of Force Policy and Procedures” (Use of Force Policy) that must be followed by all state, county, and local law enforcement officers in New Jersey. This is the first time that

COVID 19

New COVID-19 Workplace Protocols Now in Effect for Public Employers

New Jersey Governor Phil Murphy recently signed an executive order requiring all New Jersey employers to adopt health and safety protocols aimed to curb the spread of COVID-19. Executive Order 192 took effect on November 5, 2020 and applies to all workplaces that require or permit employees to be physically