Police licensing has begun in earnest and one of the areas that will be targeted by the Police Training Commission are domestic violence matters. Allegations of domestic violence carry serious consequences in terms of licensing. N.J.A.C. § 13:1-10.1 provides that any person employed as a law enforcement officer, including a full-time permanent law enforcement officer
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The Importance of Negotiating the Terms of a Last Chance Agreement and How to Limit its Impact
Often in disciplinary actions the employer will propose, as part of a settlement to resolve administrative charges, that the employee sign a last chance agreement (“LCA”). An LCA is an agreement between an employer and an employee that is generally supposed to result in an employee’s immediate termination if they violate the terms of the…
Court Rules Officer did not Commit Willful Misconduct when he Engaged in Pursuit
In a recently issued ruling by New Jersey’s Appellate Division, the Court upheld an earlier ruling by a superior court judge holding that an officer did not commit “willful misconduct” under New Jersey’s Tort Claims Act when he engaged in a pursuit of a vehicle after the driver pulled away from a traffic stop. The…
Reviewing NJ Attorney General’s Directive 2022-14 and the Implications It Will Have On Law Enforcement Licensing
For those of you in the know, it comes as no shock that the Licensing of sworn law enforcement officers in the State of New Jersey began on January 1, 2024. Now that the licensing implementation date has passed, with the exception of a very few, the vast majority of Patrol Officers, Sheriff’s Officers, Correctional…
Are Your Rights Under the FMLA and the NJFLA Negotiable? Examining the Interplay between Family/ Medical Leave and Paid Leave Time
Both the federal Family Medical Leave Act (FMLA) and New Jersey’s Family Leave Act (FLA) provide that an employer may adopt a policy requiring an employee to exhaust accrued paid leave during periods of FMLA/ FLA leave. In these situations, an employee would have to simultaneously utilize paid leave during periods of FMLA/ FLA leave…
Your Application for Disability Retirement Was Denied…Now What?
As indicated in our post last week, deciding whether to utilize an attorney when filing for application for disability retirement benefits is an important initial consideration. Many individuals utilize the services of an attorney, while others do not. Nevertheless, many applications for disability retirement are routinely rejected by a Board of Trustees of a pension…
Bringing “Value” to the Bargaining Table
You don’t get paid for the hour…..You get paid for the value you bring to the hour.
Taking a seat at the collective negotiations bargaining table for the last 25 years has taught me how people are paid in relation to the time that is spent with their employer. Undoubtedly, one of the…
Now Wait A Second!……..What About Past Practice!
Part and parcel to our firm’s practice is receiving phone calls an emails from our clients asking that we evaluate specific problems and issues they are experiencing in the workplace concerning the administration of their collective bargaining agreement (CBA). When the call or email comes in, the evaluation process is always handled the same way. …
Do I Really Need An Attorney To Assist In Filing An Application For A NJ Public Employee Disability Retirement Pension?
Our office receives daily telephone calls and emails from New Jersey public employees who have either been injured at work, or are experiencing an unfortunate medical episode that leaves them with the inability to continue public employment. While each call has unique facts and circumstances, they are very much the same in that the individual…
Governor Murphy Sign Laws In An Effort To Try And Boost Racial Diversity Among New Jersey Police Departments
According to an article by the Associated Press dated September 28, 2021, Governor Phil Murphy recently signed three bills into law directed at increasing racial diversity among law enforcement officers which will facilitate underrepresented populations to pursue law enforcement careers. Murphy also signed an executive order creating the Office of Diversity, Equity, Inclusion and…