In New Jersey Election Law Enforcement Commission v. DiVincenzo, the Appellate Division held that the Election Law Enforcement Commission (also known as “ELEC” or the “Commission”) still had jurisdiction to issue a complaint even though only two members voted due to vacancies. According to the appeals court, the common-law quorum
New Jersey municipalities will not have to comply with the Department of Labor’s (DOL) revised overtime rule, which was enacted under the Obama Administration in 2016. A Texas judge recently held that the DOL exceeded its authority under the Fair Labor Standards Act (FLSA), effectively ending the long-standing legal battle
While many states have decriminalized cannabis, it remains a Schedule I drug under the federal Controlled Substances Act (CSA). This classification is reserved for drugs with “high potential for abuse, no accepted medical use, and no accepted safety for use in medically supervised treatment.” Other Schedule I drugs include heroin, LSD,
The Division of Local Government Services and the Division of Codes and Standards recently issued a Local Finance Notice (Notice) reminding municipalities about the construction code fee limitations established under state law and how construction code enforcement offices must budget and account for such fees. They issued the Notice after
In Shipyard Associates v. Hoboken Planning Board, the Appellate Division held that a developer was entitled to automatic approval of a controversial plan to build two high-rise buildings on the Hoboken waterfront because the Hoboken Planning Board (Board) refused to hold a hearing on the application while related litigation was
Jersey City is the first local government to rely on cellphones to record law enforcements’ interaction with the public. The city’s new police body camera program will rely on a mobile application known as CopCast. Increased Adoption of Police Body Cameras In 2014, New Jersey enacted a law requiring that
In a recent decision, the Supreme Court of New Jersey opened the door for records custodians to go on the offensive in response to requests under the state’s Open Public Records Act (OPRA). In In the Matter of the New Jersey Firemen’s Association Obligation to Provide Relief Applications Under the
In Grabowsky v. Twp. of Montclair, the Appellate Division clarified when the fund in court exception applies, which alters the general rule that litigants bear their own litigation costs regardless of who prevails. The court held that because no litigation fund was ever created and taxpayers would ultimately bear the expense
