Category: Public Employment Law

Legislation Introduced to Make Interest Arbitration Cap Permanent

The two percent cap on interest arbitration awards expired at the end of the year 2017. In response, lawmakers in both the New Jersey Senate and Assembly recently introduced legislation to permanently extend the 2% Interest Arbitration cap, which limits how much compensation arbitrators can award police and firefighters who have

Gov. Murphy Signs Equal Pay Executive Order

Governor Phil Murphy’s first Executive Order aims to bolster equal pay and gender equity at state agencies. Under Executive Order 1 (EO1), state agencies and offices are expressly banned from asking a job applicant for their past wage history or investigating the prior salaries of their applicants, unless required by

DLGS Local Finance Notice Regarding New Certification Requirement for Municipal Budgets

New Jersey municipalities and counties have new compliance obligations in the New Year. The Division of Local Government Services (DLGS) recently issued Local Finance Notice 2017-27, which addresses a new law requiring local government units to certify compliance with certain federal hiring requirements when submitting approved annual budgets. Pursuant to P.L.

Texas Court Strikes Down DOL Overtime Rule

New Jersey municipalities will not have to comply with the Department of Labor’s (DOL) revised overtime rule, which was enacted under the Obama Administration in 2016. A Texas judge recently held that the DOL exceeded its authority under the Fair Labor Standards Act (FLSA), effectively ending the long-standing legal battle

Assembly Passes Bill Barring Confidential Whistleblower Settlements

Assembly Passes Bill Barring Confidential Whistleblower Settlements

The Assembly recently passed legislation that would prohibit public agencies from incorporating confidentiality provisions into settlement agreements with a whistleblower. Assembly Bill No. 4243 also provides that such settlements constitute public records. Assemblyman John McKeon introduced the bill in response to a settlement agreement in which the state agreed to

Chevron Takes Center Stage in Third Circuit’s FMLA Decision

Chevron Takes Center Stage in Third Circuit’s FMLA Decision

U.S. Supreme Court Justice Neil Gorsuch is not the only vocal critic of the Supreme Court’s 1984 decision in Chevron v. Natural Resource Defense Council. In a recent decision, a judge sitting on the Third Circuit Court of Appeals raised concerns about the appeal court’s reliance on Chevron deference to resolve an employment

NJ Appeals Court Clarifies Elements of NJCRA Claim

NJ Appeals Court Clarifies Elements of NJCRA Claim

In a recent decision, the Appellate Division of the New Jersey Superior Court clarified that familial and social affiliations do not qualify as the constitutionally protected conduct required to make a claim under the New Jersey Civil Rights Act (NJCRA). In Lapolla v. County of Union, the plaintiff alleged that

Bill Transfers Transfer Management of PFRS to Board of Trustees 

New Jersey lawmakers are currently considering legislation that would transfer the management of the Police and Fire Retirement System (PFRS) to a Board of Trustees. Under Senate Bill 3040, the Board of Trustees of the Police and Firemen’s Retirement System would be tasked with overseeing the operation of the retirement