Category: Public Employment Law

NJ Supreme Court Upholds COLA Suspension for Public Employees

The Supreme Court of New Jersey recently upheld the cost of living adjustments (COLA) freeze implemented by the Christie Administration under a 2011 pension reform law. In reaching its decision in Richard W. Berg v. Hon. Christopher J. Christie, the state’s highest court rejected arguments that the COLA adjustments were just

NJ Appeals Court Addresses When Public Employees Must Forfeit Pensions

NJ Appeals Court Addresses When Public Employees Must Forfeit Pensions

The Appellate Division of the New Jersey Superior Court recently addressed when public employees can be required to forfeit their pensions due to dishonorable service. In Hollander v. Bd. of Trustees of the Police & Firemen’s Ret. Sys., the appeals court held that a former corrections officer should not be

Worker May Rely on Doctor’s Testimony to Bring NJLAD Claim Against Municipality

Worker May Rely on Doctor’s Testimony to Bring NJLAD Claim Against Municipality

In Patricia Delvecchio v. Township of Bridgewater, the Supreme Court of New Jersey held that an aggrieved public employee could rely on the testimony of a treating physician, who has not been designated as an expert witness, to establish the existence of a disability for a claim under the New

Governor Vetoes New Jersey Pay Discrimination Legislation

Governor Vetoes New Jersey Equal Pay Legislation

Gov. Chris Christie has conditionally vetoed equal pay legislation. The proposed bill amends the New Jersey Law Against Discrimination (NJLAD) to strengthen protections against employment discrimination and promote equal pay for women. Modeled after the Lilly Ledbetter Fair Pay Act of 2009, Senate Bill 992 would make it an unlawful

DLGS Issues Guidance Regarding Financial Disclosure Statements

DLGS Issues Guidance Regarding Financial Disclosure Statements

The Division of Local Government Services (DLGS) recently published guidance regarding the filing of the 2016 financial disclosure statements. The deadline to file is on or before April 30, 2016. Under New Jersey law, local government officers have a statutory obligation to file an annual financial disclosure statement (FDS). N.J.S.A. 40A:

Fitness for Duty Examinations Under the ADA

Fitness-for-Duty Examinations Under the ADA

In a recent decision, a New Jersey appeals court considered whether requiring a public employee to undergo a fitness-for-duty test ran afoul of the Americans with Disabilities Act (ADA). In In the Matter of Paul Williams and Township of Lakewood, the Appellate Division of the New Jersey Superior Court ultimately

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

NJ Appeals Court Addresses Employer-Employee Relations Act

The Appellate Division of the New Jersey Superior Court recently addressed when public employers can be held liable under the New Jersey Employer-Employee Relations Act, which prohibits the discharge of employees for union activity. In its decision, the court confirmed broad remedial authority of the Public Employment Relations Commission (PERC)

NJ Appeals Court Rules Police Dash Cam Videos Subject to OPRA

NJ Appeals Court Interprets Police Promotion Statute

In a recent decision, the Appellate Division of the New Jersey Superior Court interpreted several public employment statutes that impose hiring and promotional restrictions upon police departments in smaller New Jersey cities that are not of the “first class” or “second class” in population and which are not civil service