Tag: New Jersey Public Employment Law

NJ Supreme Court Reverses Child Abuse Conviction After Defendant Denied Right to Counsel

NJ Supreme Court Rules Workers Misclassified as Independent Contractors

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

Will New Jersey Clarify the Law on Off-Duty Cannabis Use by Law Enforcement?

Will New Jersey Clarify the Law on Off-Duty Cannabis Use by Law Enforcement?

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

Law Enforcement & Personal Use Cannabis

Law Enforcement & Personal Use Cannabis

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 Appellate Division Upholds Vaccination Mandates for Correctional Officers

New Jersey Appellate Division  Upholds Vaccination Mandates for Correctional Officers 

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

Texas Court Strikes Down DOL Overtime Rule

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

New Jersey Prompt Payment Act Extended to School Districts, Local Governments and Independent Authorities

State Governments Challenging DOL Overtime Rule

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

NJ Appeals Court Addresses When Public Employees Must Forfeit Pensions

NJ Appeals Court Addresses When Public Employees Must Forfeit Pensions

The Appellate Division of the New Jersey Superior Court recently addressed when public employees can be required to forfeit their pensions due to dishonorable service. In Hollander v. Bd. of Trustees of the Police & Firemen’s Ret. Sys., the appeals court held that a former corrections officer should not be