Category: Public Employment Law

NJ Supreme Court Overturns Arbitration Award in Teacher Misconduct Case

NJ Appeals Court Rules Municipal Employee Lost “Bumping” Rights After Accepting Non-Tenured Position

In a recent public employment case, the Appellate Division of the New Jersey held that a municipal employee relinquished her tenure rights when she subsequently accepted a non-secretarial position. As highlighted in DiNapoli v. Board of Education of the Township of Verona, tenure rights are largely governed by statute, and

NJ Appellate Division Issues Key Healthcare Contribution Decision

NJ Appellate Division Issues Key Healthcare Contribution Decision

The Appellate Division of the New Jersey Superior Court recently issued a key decision regarding public employee contributions to health insurance plans. The case, Paterson Police PBA v. City of Paterson, specifically addressed the definition of “base salary” under N.J.S.A. 40A:10-21(b). The Facts of the Case The city of Paterson,

NJ Council on Local Mandates Rejects Bail Reform Challenge

Third Circuit Rules Conduct By Atlantic City Police Department Did Not Constitute Sexual Harassment

The U.S. Court of Appeals for the Third Circuit recently upheld a district court decision dismissing claims of sexual harassment against the Atlantic City Police Department. The case, Clayton v. City of Atlantic City, highlights that aggrieved employees must be able to prove that the conduct was severe or pervasive

NJ disability benefits

NJ Appellate Division Rules Officer Entitled to Accident Disability Benefits After Being Pierced With Hypodermic Needle

The Appellate Division of the New Jersey Superior Court recently ruled that an Essex County sheriff’s officer was entitled to accidental disability benefits after being pierced with a hypodermic needle when attempting to take a suspect into custody. The court concluded that the Board of Trustees of the Police and

NJ Appeals Court Sides with Morris County in Condemnation Action

NJ Court Clarifies Ability of Public Employee’s Ability to Challenge Termination

The Appellate Division recently considered the legal recourse available to a public employee upon termination.  Doyle v. Lakewood Township specifically involved a non-tenured tax collector who was not entitled to civil service protection. The Facts of the Case Defendant Lakewood Township dismissed plaintiff Anne Doyle from her position as tax

NJ Lawmakers Seek to Cap Sick Leave Payments to Municipal Retirees

Mandatory Direct Deposit For State and Municipal Employees Becomes Law in New Jersey

Gov. Chris Christie recently signed a bill into law that will make direct deposit mandatory for many state and municipal employees. Under P.L. 2013, c.28, direct deposit will be required for all State employee compensation on and after July 1, 2014. New Jersey’s direct deposit law also allows county, county

OPMA

NJ Supreme Court Gives Deference to Arbitration Award in Public-Sector Labor Dispute

The New Jersey Supreme Court recently upheld an arbitration award in a dispute between a municipality and local labor union. In doing so, it highlighted that courts should give great deference to arbitration awards in New Jersey public-sector labor disputes so long as they are reasonably debatable. The Facts of

NJ Court Clarifies Mayor’s Power to Authorize Municipal Employee Layoff Plan

A recent decision by the Appellate Division clarifies the authority of a New Jersey mayor to authorize a layoff plan for municipal employees without first obtaining the consent of the township council. In Hillside Firemen’s Mutual Benevolent Ass’n v. Menza, the court held that a municipality operating under the mayor-council