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
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
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,
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
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
The U.S. Court of Appeals for the Third Circuit recently upheld a district court decision dismissing claims of sexual harassment against the Atlantic City Police Department. The case, Clayton v. City of Atlantic City, highlights that aggrieved employees must be able to prove that the conduct was severe or pervasive
The Appellate Division of the New Jersey Superior Court recently considered the proper body to decide grievances involving minor employee discipline by a state college. The case, Board of Trustees of Ocean County College v. Faculty Ass’n of Ocean County College, centered on the interplay of several New Jersey statutes.
The Appellate Division recently considered the legal recourse available to a public employee upon termination. Doyle v. Lakewood Township specifically involved a non-tenured tax collector who was not entitled to civil service protection. The Facts of the Case Defendant Lakewood Township dismissed plaintiff Anne Doyle from her position as tax
