Tag: New Jersey Public Employment Law

Assembly Passes Bill to Allow Volunteer Firefighters to Receive Public Employee Retirement Benefits

NJ Appeals Court Addresses Employer-Employee Relations Act

The Appellate Division of the New Jersey Superior Court recently addressed when public employers can be held liable under the New Jersey Employer-Employee Relations Act, which prohibits the discharge of employees for union activity. In its decision, the court confirmed broad remedial authority of the Public Employment Relations Commission (PERC)

NJ Appeals Court Rules Police Dash Cam Videos Subject to OPRA

NJ Appeals Court Interprets Police Promotion Statute

In a recent decision, the Appellate Division of the New Jersey Superior Court interpreted several public employment statutes that impose hiring and promotional restrictions upon police departments in smaller New Jersey cities that are not of the “first class” or “second class” in population and which are not civil service

When Are NJ Police Officers Entitled to Attorney’s Fees After Dismissal of Disciplinary Charges?

When Are NJ Police Officers Entitled to Attorney’s Fees After Dismissal of Disciplinary Charges?

A New Jersey appeals court recently addressed when police officers are entitled to reimbursement of attorney’s fees and costs pursuant to N.J.S.A. 40A:14-155. Under the statute, attorneys’ fees are awarded to a police officer who obtains a dismissal of disciplinary charges filed against him, provided that the disciplinary charges “aris[e]

NJ Municipal Employment Law Alert: New Criminal Records Rules Now in Effect

New Jersey municipalities should be aware that the state’s “ban the box” law went into effect on March 1, 2015. The New Jersey Opportunity to Compete Act prohibits employers from inquiring into an applicant’s criminal history during the initial employment application process. It also precludes employers from publishing job advertisements

NJ Appeals Court Addresses Loss of Pre-existing Nonconforming Structures

NJ Appeals Court Rules Commencement of Agency Appeal Does Not Estop Civil Retaliation Suit

In a recent decision, the Appellate Division of the New Jersey Superior Court declined the Borough’s request to set a bright-line rule that completion of discovery or the commencement of a disciplinary appeal precluded a related retaliation suit. Instead, the court held that the imposition of estoppel involves a “fact-sensitive

New Law Authorizes NJ Counties to Change Tax Assessment Calendar

Year in Review: Public Employment Developments for 2015

As 2015 comes to a close, we will be taking a look back at the major public law issues that impacted New Jersey municipalities and other public entities. Particularly in the area of employment law, where this year saw a number of legal developments, including new laws and precedential court

NJ Appeals Court Sides with Morris County in Condemnation Action

NJ Appeals Court Approves Civil Service Rule Change

The Appellate Division recently upheld the Civil Service Commission’s (CSC) decision to repeal N.J.A.C. 4A:4-4.8(b)(4), which had required appointing authorities to provide a “statement of the reasons why the appointee was selected instead of a higher ranked eligible [candidate].” The Legal Background Pursuant to the New Jersey Constitution, Civil Service

NJ Court Finds Township of Edison Wrongfully Denied Police Promotions

In two related cases, the New Jersey Superior Court’s Appellate Division recently concluded that several “lame duck” police promotions made by the former mayor of the Township of Edison were arbitrary and capricious, requiring the promotions to be set aside. The Facts of the Case The cases both resulted from