In New Jersey Civil Service, hiring and promotion are done in accordance with the applicant’s (or “eligible’s”) rank on a list.  There are specific reasons why an applicant may be removed from a Civil Service list.  However, sometimes removal is done because of favoritism, nepotism, politics, discrimination, whistleblower retaliation, cronyism, or outright bribery.  Since the entire purpose of the New Jersey Civil Service System is to ensure that hiring is based on merit, there is an appeal process for applicants who believe that their name was improperly removed from a Civil Se ..read more

Arbitrators make the final decision in hearings on tenure charges.  Appeals are limited.  However, the scope of their powers to fashion appropriate discipline was open to question.  As I wrote last year, the Appellate Division of New Jersey’s Superior Court ruled in the case ofSanjuan v. School District of West New York that arbitrators were limited in those powers, and could not impose demotion as a remedy for disciplinary violations.  The case was appealed, and the New Jersey Supreme Court issued a decision overturning the Appellate Division’s decision. Background Amada S ..read more

A recent New Jersey construction law development will greatly affect contractors. The New Jersey Legislature passed a new law regulating home improvement and home elevation contractors, which Governor Murphy signed into law on January 8, 2024.  Theregulations governing home improvement contracts and home elevation contractors were already draconian, but the new law is a sea change, greatly expanding the regulatory requirements for New Jersey contractors, including a new requirement that they be licensed. Applicability: Every Job Over $500 ..read more

New Jersey employment law in the public sector incorporates the doctrine of collateral estoppel, which in some cases bars relitigating issues already decided in another forum.  This applies to administrative appeals of employment action.  A New Jersey appellate court recently examined this doctrine in the context of the revocation of a teacher’s teaching certificate after an arbitration on tenure charges in the case of In the Matter of the Revocation of the Certificates of Lesley Etheridege by the State Board of Examiners.  The court extended the reach of the New Jersey Supreme ..read more

New Jersey Employment Law Protections for Pregnant Employees New Jersey employment law, as well as Federal employment law, prohibits discrimination against employees because of pregnancy, requires employees to reasonably accommodate employees’ pregnancy, bars retaliation against employees who request accommodations for pregnancy or object to the treatment of pregnant employees, and bars coercion of pregnant employees from being required to accept unreasonable or no accommodations or take leave unless medically necessary. Under New Jersey employment law, the primary statutory protection for pre ..read more

One of the most difficult New Jersey employment law issues confronted by government employees is that they are sometimes drawn into legal action because of actions taken in the course of their employment.  Defending such charges can cause significant expense and hardship to government employees.  For teachers, administrators and other public education employees, however, there are two laws which provide for payment of the employee’s attorneys fees and litigation expenses by their board of education in certain criminal, quasi-criminal, administrative and civil legal actions. The Appel ..read more

New Jersey construction litigation often involves claims against contractors for improper construction or delay.  Contractors, in turn, often argue as a defense, counterclaim or cross-claim that any delay or improper construction was the fault of the licensed professional on the project, such as the engineer or the architect.  Owners may also make these claims against architects and engineers directly.  A trial judge in the Superior Court of New Jersey in Morris County recently addressed what is required to maintain such a claim in the case of Township of Parsippany-Troy Hills v ..read more

A recent New Jersey employment law decision in the case of A.B. vs. Board of Education of the City of Hackensack, Bergen County illustrates the dangers of public employees, especially teachers, posting suggestive content on their social media accounts, and the reach and consequences of the New Jersey “Pass the Trash” Law.   Background A.B. was a teacher with the Hackensack Board of Education.  In 2013 the Board was advised that A.B. had made inappropriate posts on her social media page, including: “Fuck me, I’m Irish”, and “Women say Men Think with Their Penis. Ladies, don’t be afrai ..read more

An appellate court recently examined the covenant of good faith and fair dealing in New Jersey construction contracts in the case of Konopka vs. Brown’s Heating, Cooling, Plumbing. Background Konopka hired Brown’s as a contractor to install a Carrier gas furnace in his home.  Brown was to supply labor and materials in exchange for the homeowner paying $19,800. The contract provided that change orders had to be in writing.  One-third of the contract price was payable on signing, one-third when work started, and one-third upon completion.  The homeowner paid the first installment ..read more

New Jersey whistleblower retaliation lawsuits turn on the question of evidence.  This is a frequent area of dispute in New Jersey employment law.  A New Jersey appeals court recently examined the evidence necessary to establish a claim of whistleblower retaliation under the New Jersey Conscientious Employee Protection Act, New Jersey’s Whistleblower Law, in the case of Carol Smith vs. Konica Minolta Business Solutions U.S.A., Inc. Background Carol Smith worked for Konica Minolta Business Solutions, U.S.A., Inc. (“KMBS”) as a sales representative selling business document management t ..read more