Two New Jersey teachers have filed a lawsuit challenging the Workplace Democracy Enhancement Act. The complaint against Gov. Phil Murphy, the New Jersey Education Association (NJEA), and Township of Ocean Education Association alleges that the law violates the teachers’ First Amendment rights in light of the U.S. Supreme Court’s decision in Janus
One of the first cases considered by the U.S. Supreme Court this term is of particular interest to New Jersey public employers. The issue before the Court is whether the Age Discrimination in Employment Act (ADEA) exempts political subdivisions of a state with less than 20 employees from the Act’s protections. The
The U.S. Supreme Court dealt a crushing blow to the country’s public unions in Janus v. American Federation of State, County, and Municipal Employees, Council 31. By a vote of 5-4, the Court held that public-sector “agency shop” arrangements run afoul of the First Amendment. The Court also expressly overruled
In Moody v. Atlantic City Board of Education, the Third Circuit Court of Appeals reinstated a sexual harassment suit against the Atlantic City Board of Education. The federal appeals court held that the district court erred in concluding that the alleged harasser was not the plaintiff’s supervisor. Facts of the
A New Jersey appeals court recently confirmed that the state’s Tort Claims Act (“TCA”) shields the New Jersey Turnpike Authority (“Turnpike Authority”) from any liability in a wrongful death lawsuit where a tree fell onto a vehicle traveling on the highway causing the death of two individuals. According to the
Resolving a split in the federal courts in New Jersey and Pennsylvania, the Third Circuit Court of Appeals recently held that state universities are entitled to Sovereign Immunity protections in discrimination law suits. The decision in Maliandi v. Montclair State University found that Montclair State University (MSU) is entitled to
As we approach the New Year, we will be reviewing the major public law issues that impacted public entities in New Jersey. In the area of public employment law, 2016 saw a number of legal developments, including new laws and precedential court decisions. DOL Overtime Law: A federal judge is
As the year winds down, we will be taking a look back at the public law issues that impacted New Jersey municipalities. With regard to the state’s Open Public Records Act (OPRA), there were a number of legal developments, several of which involved the increased use of technology. In case
