As reported by NJSpotlight.com, a proposal to move some state and local employees to a new 401(k)-like pension system is gaining support because it has the potential to save billions of dollars. However, long before anything is adopted, it is likely to draw strenuous pushback from the public workers’ labor unions. The recommendation is
Donald Barbati
Public Safety Officers Must Be Mindful of Impact of Restraining Orders On Their Employment
Recently, the Superior Court of New Jersey, Appellate Division (“Appellate Division”) issued an opinion in the case In the Matter of Frank Harkcom, Bayside State Prison, Department of Corrections. This case reinforces the fact that New Jersey Public Safety Officers must be mindful if there is a temporary (“TRO”) or final restraining order (“FRO”) …
New Jersey Supreme Court Rules Police Dashcam Videos Not Subject to Public Disclosure In Most Circumstances
As reported by NJ.com, the New Jersey Supreme Court issued a ruling wherein video of New Jersey Police Officers chasing down and arresting suspects will not be turned over to the public and the media in many cases. A divided Supreme Court ruled 4-3 in the matter entitled Paff v. Ocean County Prosecutor’s Office…
Appellate Division Addressed PERC’s Authority, Security Camera Issues
As reported by the New Jersey Law Journal, the Superior Court of New Jersey, Appellate Division (“Appellate Division”) ruled that the State’s Public Employment Relations Commission (“PERC”) has near-exclusive jurisdiction over labor disputes between public workers and their employers. To this end, the three judge panel stated PERC has “exclusive jurisdiction to decide complaints…
Supreme Court Clarifies Meaning of “Undesigned and Unexpected” Event To Qualify For Accidental Disability Benefits For A Mental Disability
As reported by the New Jersey Law Journal, the New Jersey Supreme Court recently clarified the meaning of the term “undesigned and unexpected” event as it pertains to qualifying for accidental disability retirement benefits for a mental disability in the case of Mount v. Board of Trustees, Police and Firemen’s Retirement System. In the…
New Jersey Lawmakers Advance Bill Capping Sick Leave Payouts
As reported by Observer.com, lawmakers have resurrected a proposal to cap unused sick time payouts for all New Jersey public workers. Last week, the Assembly State and Local Government Committee advanced a bill that would cap sick leave payouts to public workers at $7,500 or whatever the employee has banked so far if they…
Governor Signs Law Expanding Public Worker Union Rights
As reported by NJ.com, Governor Phil Murphy recently signed a bill strengthening the rights of public worker unions, which could face a big threat from a looming decision by the United States Supreme Court. The bill, A3686, the Workplace Democracy Enhancement Act, gives public labor unions in New Jersey greater access to their members…
Assembly Votes On Bill Requiring Public Employees Guilty of Sexual Assault and/or Sexual Harassment To Forfeit Pensions
As reported by NJSpotlight.com, inspired by the nationwide campaign against sexual harassment known as the #MeToo movement, lawmakers in New Jersey are proposing a costly new punishment for elected officials and public workers who use their positions to commit a sexual assault or related offense. A bill that was easily approved by a State…
Labor Arbitration Awards: Be Mindful of The Standard of Review
As reported by the New Jersey Law Journal, the Appellate Division recently issued an opinion in the case Policemen’s Benevolent Association v. Camden County Board of Chosen Freeholders, which addressed a challenge to a labor arbitration decision revolving around “bonus vacation days.” In the case, the Union appealed from an Order which dismissed…
NJ Public Employee Involuntary Disability Applications: Notice Must Be Given On Type of Benefits Being Sought
As reported by the New Jersey Law Journal, the Appellate Division recently issued an opinion in the matter Westphal v. Board of Trustees, Police and Firemen’s Retirement System, which addressed certain issues associated with the filing of involuntary disability retirement applications. In the case, the Petitioner, William Westphal, appealed from the Board of…