In James Meyers v. State Health Benefits Commission, (New Jersey Supreme Court Slip Opinion A-27-22) (087633) the New Jersey Supreme Court examined a New Jersey public employee’s right to “free” retiree health benefits under the legal doctrine of Equitable Estoppel. In this matter, James Meyers, was a New Jersey State Trooper that had since retired
NJ Public Safety Employees
The Pitfalls of Post-Retirement Employment that Every Public Employee Must Heed
An Ounce of Prevention is Worth Far More than a Pound of Cure….
Most recently the new Jersey Superior Court, Appellate Division issued a decision in the matter of Behar v. Board of Trustees, Public Employees Retirement System, Docket Number A-0296-22, that discusses the very real pitfalls of post-retirement employment for public employees in…
The Pros and Cons of the 180-day Rule
When a New Jersey law enforcement officer or firefighter is suspended without pay pending the outcome of a disciplinary action, namely, termination charges, state law provides that a final determination on the charges shall be rendered within 180 calendar days from the date he or she is suspended without pay. Under the law, if a…
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…
Supreme Court Reaffirms “Reasonably Debatable” Standard In Reviewing Arbitration Awards
As reported in the New Jersey Law Journal, Firefighters Mutual Benevolent Association Local 67 (FMBA #67), filed a grievance against the Borough of Carteret in regard to a staffing issue that the parties had agreed to which was subsequently retracted by the Borough. The case was taken to an arbitration hearing and…
The COVID-19 State of Emergency Does Not Entitle Management to “Throw Your Collective Bargaining Agreement Out the Window”
The COVID-19 pandemic has taken hold of our lives and has undoubtedly had an impact on First Responders from both a personal and professional standpoint. Over the past several weeks, our firm’s attorneys have had the unique perspective of witnessing individual administrators from across the State of New Jersey exhibit fantastic leadership qualities, while other…
NJ PERC Puts Governmental Entities on Notice: STEP FREEZES ARE ONCE AGAIN ILLEGAL
Yesterday the New Jersey Public Employment Relations Commission (PERC) ruled that the State of New Jersey engaged in unfair labor practices by unilaterally discontinuing the payment of salary guide step increments upon the expiration of the New Jersey Law Enforcement Supervisors Association’s (NJLESA) and the New Jersey Superior Officers’ Associations (NJSOA) contracts that ran from…
CDC Modifies Guidance for First Responders and Critical Infrastructure Employees
As announced at the White House Press Briefing on the evening of April 8, 2020, yesterday, the Center for Disease Control has modified their guidelines for First Responders that may have been exposed to individuals infected with COVID-19. The new guidelines that were most recently posted on the CDC’s Website are meant to assist agencies…
The Imperfect Practice of Social Distancing for Law Enforcement Officers
As strange as this may sound, I currently feel extremely fortunate that for the past twelve days the attorneys and support personnel within our firm have had the ability to “quarantine” ourselves from the nuclear work space by separating from one another and working from individualized “remote” locations. We took these steps before we were…
Coronavirus Spread Poses Unprecedented Challenges for Law Enforcement Agencies Across the Country
This recent article from ABC News vividly depicts the impact the pandemic has had on members of law enforcement throughout the…