Yesterday, April 16, 2009, the Appellate Division conducted oral argument on the Emergency Temporary Layoff Rule. Specifically, the Appellate Division heard argument on the four appeals from the Civil Service Commission’s emergency rule authorizing temporary layoffs, also known as mandatory furloughs. The argument was conducted in the Morris County Courthouse in Morristown, New Jersey
Public Employment Labor Law
Governor Corzine Announces State Departments and Agencies Furlough Plans
By Donald C. Barbati on
Posted in Public Employment Labor Law
Yesterday, April 15, 2009, Governor Corzine issued a press release announcing plans by the State department and agencies to implement one-day furloughs of state employees in May and June as a cost-saving measure.
Plans for implementing two furlough days in the current 2009 Fiscal Year were developed by the departments and submitted to the Governor’s…
Oral Argument to be Conducted on Emergency Temporary Layoff Rule
By Frank M. Crivelli on
Posted in Public Employment Labor Law
On April 8, 2009, the Administrative Office of the Courts issued a press release announcing that the Appellate Division will be conducting oral argument on the Emergency Temporary Layoff Rule. Specifically, the Appellate Division, Part H will hear oral argument on the four appeals from the Civil Service Commission’s emergency rule authorizing temporary…
Defense to Lawsuit Arising Out of Action During Side-Business Not Subject to Reimbursement
By Frank M. Crivelli on
Posted in Public Employment Labor Law
On March 16, 2009, the Appellate Division decided Siaw v. Valenzuala. In the case, Defendant Diomedes Valenzuala, a police officer, appealed from the judgment of the trial court denying his claims against his former employer, the Township of Irvington, for indemnification pursuant to N.J.S.A. 40A:14-155 in connection with his defense of a lawsuit against…
Freedom of Association Claim Permitted to Go Forward
By Frank M. Crivelli on
Posted in Public Employment Labor Law
On February 3, 2009, the United States Court of Appeals for the Third Circuit decided the case of LaPosta v. Borough of Roseland. In the case, plaintiff, Joseph LaPosta, a police officer, alleges Defendants, the Borough of Roseland and its Police Chief, retaliated against him after he attempted to join a police organization of which…
Police Promotion Discrimination Suit Dismissed
By Frank M. Crivelli on
Posted in Public Employment Labor Law
On February 9, 2009, the United States District Court for the District of New Jersey decided the case of Martin v. City of East Orange. In the case, plaintiffs, two police officers, alleged that in failing to promote them in 2003, when officers ranked below them were recommended for promotion, although not promoted, the defendants…
CALL TO ACTION–Don’t let the State Government Furlough (Layoff) Public Safety Officers
By Frank M. Crivelli on
Posted in Public Employment Labor Law
Yesterday, I had the opportunity to sit down with the Treasurer for the State of New Jersey, David Rousseau, the Director for the Governor’s Office of Employee Relations and Union officials that I represent. The purposes of the meeting was to listen to the Treasurer’s doom and gloom speech regarding the State budget, how…
Blanket Strip Searches of Non-Indictable Offenders, Performed Without Reasonable Suspicion Are Unconstitutional
By Frank M. Crivelli on
Posted in Public Employment Labor Law
In the matter of Florence v. Board of Chosen Freeholders of the County of Burlington, Civil Action No. 05-3619, the United States District Court, District of New Jersey, addressed the issue of strip searches of non-indictable offenders.
Plaintiffs consisted of a certified class to include all arrestees charged with non-indictable offenses, which were…
Court Knocks Down Sign Ordinance that Banned Giant Rat Balloon at Labor Rally
By Frank M. Crivelli on
Posted in Public Employment Labor Law
On February 5, 2008, in State v. DeAngelo, Docket No. A-73-07, the New Jersey Supreme Court held that a municipality violated free speech rights by banning temporary signs on public streets, including a 10-foot high inflatable rat at a labor protest. This case was the subject of a previous blog entry wherein our…
Fiscal Cuts and Cost Saving Measures May Violate Your Contract
By Frank M. Crivelli on
Posted in Public Employment Labor Law
On January 31, 2009, the Louisville Courier-Journal reported that approximately 50 Louisville Metro Police officers decided to turn in their patrol cars so they will not have to pay an increased fee for using them after work hours. Police Chief Robert White announced in December, 2008 that officers who take their vehicles home would have to pay …