On March 9, 2020, Governor Philip D. Murphy signed Executive Order No. 103 (EO-103) in response to the Coronavirus disease (“COVID-19”) invoking “a State of Emergency pursuant to N.J.S.A. App. A:9-33 et seq. and a Public Health Emergency as contemplated by N.J.S.A. 26:13-1 et seq.” Executive Order No. 103 further prohibits any political subdivision of
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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…
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…
New Jersey Supreme Court to Determine if Volunteer Firefighters Can Receive Workers’ Compensation Benefits
As reported by the New Jersey Law Journal, the New Jersey Supreme Court has taken up the issue of whether a volunteer firefighter who was injured while responding to a fire should be awarded workers’ compensation benefits. The firefighter, Jennifer Kocanowski, is seeking to overturn an Appellate Division decision determining that, since she was…
Murphy Rolls Back Recent Pension Change Made By Christie
As reported by NJ.com, Governor Phil Murphy’s administration is rolling back a change to New Jersey’s public worker pension system that Chris Christie slipped in during the waning days of his administration that raised government contributions by more than $800 million. The acting State Treasurer, Elizabeth Muoio, said Christie’s surprise reduction in assumed rate…
Appellate Division Addresses 45 Day Rule Argument
Recently, the Appellate Division issued an opinion in the case In the Matter of Sanchez that addressed the applicability of the 45 Day Rule in a removal case. In that case, a police officer, the appellant, appealed his termination for engaging in sexual acts with a civilian in his marked police car while on duty.…










