In In the Matter of Officer Gregory DiGuglielmo & New Jersey Institute of Technology (A-33-21/085064) (Decided November 28, 2022), the Supreme Court of New Jersey held that special disciplinary arbitration administered by the Public Employment Relations Commission (PERC) is available to police officers at public colleges and universities when appealing
In East Bay Drywall, LLC. v. Department of Labor and Workforce Development (A-7-21) (085770) (Decided August 2, 2022), the Supreme Court of New Jersey held that drywall workers employed by East Bay Drywall, LLC, were improperly classified as independent contractors under the Unemployment Compensation Law. According to the court, having
Now that adult-use cannabis sales have begun in New Jersey, many municipalities and their employees are raising questions about when off-duty cannabis use is permitted. One of the most controversial issues involves off-duty cannabis use by law enforcement. While the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act protects workers
On April 13, 2022, the Attorney General issued a memorandum to law enforcement agencies authorizing off-duty cannabis use under the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act. Given the sudden and extreme departure from the norm, the memorandum was met with a broad variety of reactions. Some expressed support,
New Jersey’s state-level vaccine mandates continue to hold up against legal challenges. On February 11, 2022, the Appellate Division upheld Governor Phil Murphy’s vaccination mandate that applies to all State and County Correctional Police Officers. Four days later, the Supreme Court of New Jersey denied the New Jersey State Police
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
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
A coalition of 22 states is challenging the Department of Labor’s (DOL) new overtime rules, which are slated to take effect in December. The lawsuit is seeking preliminary and permanent injunctions declaring that the DOL’s Final Rule is unlawful. As we previously discussed on this blog, the DOL is raising
