Tag: New Jersey Public Employment Law

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

City of East Orange Facing Class Acton Lawsuit Over Unpaid Overtime Wages

City of East Orange Facing Class Acton Lawsuit Over Unpaid Overtime Wages

A New Jersey federal judge recently certified a class action lawsuit against the City of East Orange. The plaintiffs in the case are law enforcement officers who allege that the city failed to compensate them for overtime wages in accordance with the Fair Labor Standards Act (FLSA). Under the FLSA,

NJ Appeals Court Holds School District Not Liable for Abuse

NJ Court Addresses “Temporary” Employee Exception to the Tenure Act

The Appellate Division of the New Jersey Superior Court recently considered the application of the “temporary” employee exception to the New Jersey Tenure Act. The decision in Platia v. Board of Education of the Township of Hamilton, Mercer County provides greater clarity with regard to how the exception applies to

NJ Supreme Court Overturns Arbitration Award in Teacher Misconduct Case

NJ Appeals Court Rules Municipal Employee Lost “Bumping” Rights After Accepting Non-Tenured Position

In a recent public employment case, the Appellate Division of the New Jersey held that a municipal employee relinquished her tenure rights when she subsequently accepted a non-secretarial position. As highlighted in DiNapoli v. Board of Education of the Township of Verona, tenure rights are largely governed by statute, and