Category: Public Employment Law

New Jersey Appeals Court Finds Camden Furlough Plan Violated Rights of City municipal clerk

The Appellate Division recently ruled that the City of Camden’s furlough plan violated the rights of the city’s municipal clerk under N.J.S.A. 40A:9-165. The statute is designed to protect the salaries of certain municipal employees, including clerks, from economic discrimination and keep them free from political pressure. In the Matter

New Jersey Court Upholds Salary Caps for Superintendents

In New Jersey Association of School Administrators v. Cerf, three New Jersey superintendents challenged the authority of the Department of Education to adopt and implement amended regulations capping superintendents’ salaries. However, the Appellate Division recently rejected these efforts, finding that the salary cap was a valid way to satisfy the

NJ Supreme Court Rules CEPA Suit Barred Following Civil Service Commission Rejection

The New Jersey Supreme Court refused to give a New Jersey public employee a second bite at the apple. It held that the rejection of a claim of employer retaliation in a civil service disciplinary proceeding should bar the employee from seeking to circumvent that discipline through a subsequent Conscientious

Is the New Jersey Port Authority Covered by the NJLAD?

In an interesting discrimination case working its way though the federal court system, the New Jersey Port Authority maintains that it is not covered by the New Jersey Law Against Discrimination (NJLAD). The argument relies on an unpublished Third Circuit Court of Appeals decision that appears to suggest that the

Public Entities Immune from Vicarious Liability in 9-1-1 Operations

Earlier this week, we told you about Wilson v. City of Jersey City, in which the Appellate Division (on remand from the Supreme Court) held that the conduct of Jersey City’s 9-1-1 operators was not “wanton and willful” and thus they were entitled to immunity pursuant Title 52, N.J.S.A. 52:17C-10.

New Jersey Lawmakers Want to Tie Tenure to Teacher Performance

New Jersey has one of the best public school systems in the country and ranks second in per pupil spending. However, many argue that New Jersey’s tenure program for teachers is in dire need of an overhaul to keep the most effective teachers in the classroom. Under New Jersey’s current

New Jersey Lawmaker Proposes Bill to Combat Bullying By School Staff

New Jersey has some of the strictest laws in the nation when it comes to harassment, intimidation, and bullying in schools, but what happens when the teachers are the bullies? On the heels of several highly publicized cases of bullying by school staff, New Jersey Senator Diane Allen has introduced

New Jersey Supreme Court Upholds Limitations on Paid Sick Leave

The New Jersey Supreme Court has ruled that the state can limit how much school administrators can get for unused sick leave. The lawsuit challenged the constitutionality of New Jersey public employee compensation regulations that cap the payment for accumulated sick time for certain school administrators at $15,000. As reported by the Star-Ledger,