Category: Public Employment Law

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

The New Jersey Assembly recently passed a bill that would allow firefighters with a pre-existing volunteer relationship with their employer to retire from service covered by the Employees’ Retirement System (PERS) or the Police and Firemen’s Retirement System (PFRS) and continue to serve that employer as a volunteer. The legislation, Assembly

PFRS Reform Bill Heads to Gov. Murphy

The New Jersey Legislature has approved legislation to reform the Police and Fire Retirement System (PFRS) by transferring management to a Board of Trustees. The PFRS bill now awaits consideration by Governor Phil Murphy.  As more fully detailed in a prior post, Senate Bill 5/Assembly Bill 3671 (S-5/A-3671) transfers management

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