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
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
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
A federal judge is Texas recently granted a preliminary injunction in a lawsuit challenging the Department of Labor’s (DOL) new overtime rules. The overtime rule decision applies nationwide. For now, New Jersey municipalities should continue to use the old salary thresholds for determining when employees must be paid overtime wages.
As we approach the New Year, we will be reviewing the major public law issues that impacted public entities in New Jersey. In the area of public employment law, 2016 saw a number of legal developments, including new laws and precedential court decisions. DOL Overtime Law: A federal judge is
The Local Government Ethics Law requires “local government officers” to annually file financial disclosure statements. In addition to covering elected officials, the law also applies to anyone who is a managerial executive employee of a local government agency. Last month, the Local Finance Board of the Division of Local Government
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
The Department of Labor (DOL) recently published guidance regarding the overtime rule updates that are scheduled to take place later this year. The publication specifically addresses the unique legal concerns of state and local governments. As we previously discussed on the Scarinci Hollenbeck Business Law New Blog, the DOL is
