The Appellate Division recently upheld the Civil Service Commission’s (CSC) decision to repeal N.J.A.C. 4A:4-4.8(b)(4), which had required appointing authorities to provide a “statement of the reasons why the appointee was selected instead of a higher ranked eligible [candidate].” The Legal Background Pursuant to the New Jersey Constitution, Civil Service
Disability discrimination suits pursuant to the New Jersey Law Against Discrimination and the Americans With Disabilities Act are increasingly common. A recent decision by a New Jersey district judge highlights when employers are obligated to make reasonable accommodations. The Facts of the Case In Fronczkiewicz v. Magellan Health Services, Inc.,
In two related cases, the New Jersey Superior Court’s Appellate Division recently concluded that several “lame duck” police promotions made by the former mayor of the Township of Edison were arbitrary and capricious, requiring the promotions to be set aside. The Facts of the Case The cases both resulted from
Senate President Stephen Sweeney, D-Gloucester, and Sen. Joseph Kyrillos, R-Monmouth, recently introduced legislation that would cap sick leave payouts for retiring municipal employees at $15,000. S-2318 would apply to sick leave accrued after the effective date of the legislation and not time that has already been banked. Existing laws impose
New Jersey municipalities should be aware of an important U.S. Supreme Court decision addressing the expanded free speech rights of public employees. In Lane v. Franks, a unanimous Court held that the First Amendment protected a public employee when he testified truthfully about fraud in the work place pursuant to
The Court of Appeals for the Third Circuit recently issued a precedential wage and hour decision that will impact how New Jersey municipalities pay their police and fire personnel. In Rosano v. Township of Teaneck, the court held that the municipality properly applied the Sec. 207(k) partial overtime exemption under
Many employment discrimination laws that apply to private employers also apply to New Jersey municipalities. Most notably, the definition of “employer” under Title VII of the Civil Rights Act of 1964 includes state and local governments. As municipalities should be aware, Title VII prohibits employers with at least 15 employees
A New Jersey federal judge recently certified a class action lawsuit against the City of East Orange. The plaintiffs in the case are law enforcement officers who allege that the city failed to compensate them for overtime wages in accordance with the Fair Labor Standards Act (FLSA). Under the FLSA,
