A Capehart Scatchard Blog

Labor & Employment

Appellate Division Affirms Decision to Revoke Teacher’s Certificates

By: Gabi Aste-Molina, Law Clerk Editor: Sanmathi (Sanu) Dev, Esq. On October 6, 2023, the Appellate Division of New Jersey affirmed the revocation of the teacher’s certificates in In re Certificates of Rita O’Malley by the State Board of Examiners for repeatedly failing to test and evaluate her students with learning disabilities. Woodbridge Township School District (“District”) employed the teacher in 2000 as a special education teacher and Learning Disabilities Teacher Consultant. She was responsible for testing and diagnosing learning disabilities, developing individualized education programs, and meeting with parents and teachers to discuss the special education needs of her students. […]

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Appellate Division Upholds School Board’s Obligation to Report Former Employee’s Information Regarding Sexual Misconduct

By: Ruhani K. Aulakh, Law Clerk Editor: Sanmathi (Sanu) Dev, Esq. On October 5, 2023, the New Jersey Appellate Division in A.B. v. Board of Education of the City of Hackensack affirmed that the Hackensack School Board (“Board”) was required to disclose information of a former employee’s sexual misconduct to the employee’s future employer under N.J.S.A. 18A:6-76.  In 2013, while employed by the Board, a teacher used social media to post inappropriate and sexually suggestive content.  The Board began an investigation into the teacher’s misconduct.  Before the conclusion of the Board’s investigation, the teacher and the Board finalized a settlement […]

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N.J. Legislation Expands Uses of Sick Leave for School District Employees

By: Gabi Aste-Molina, Law Clerk Editor: Sanmathi (Sanu) Dev, Esq. On July 3, 2023, Governor Murphy signed legislation that expands sick leave for school district employees. Bill A5060/S3440 amends the law by allowing school district employees to use their sick leave for preventative care, care of a family member, recovery from domestic or sexual violence or that of a family member, bereavement of a family member, to attend their child’s school-related conference or meeting, and when their child’s school or place of care is closed. Previously, school district employees could only use sick leave for a personal disability due to […]

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New Pregnant Workers Fairness Act Goes Into Effect

Editor: Sanmathi (Sanu) Dev, Esq. Below is an article written by my colleague, Ralph R. Smith, Esq., Co-Chair of our firm’s Labor & Employment Group. If you wish to view additional articles and/or be kept up-to-date with labor & employment issues, visit our HR Resource blog by clicking here. On Tuesday, June 27, 2023, a new federal law that expands the rights of pregnant (and postpartum) workers went into effect nationally. The Pregnant Workers Fairness Act (“PWFA”) provides several new rights and protections for pregnant workers and imposes new obligations on employers. It applies to all employers who employ 15 or more […]

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N.J. Supreme Court Holds Teacher Maintains Tenure Because She Did Not Knowingly Waive That Right

By: Eric M. Richwine, Law ClerkEditor: Sanmathi (Sanu) Dev, Esq. On June 12, 2023, the New Jersey Supreme Court in Parsells v. Board of Education of the Borough of Somerville held that a New Jersey teacher did not knowingly waive her tenured right to a full-time teaching position under the Tenure Act when she voluntarily moved to a part-time position, unaware that she had no right to return to her full-time role.    Catherine Parsells, a full-time, tenured teacher employed by the Somerville Board of Education (“Board”), requested a transfer from full-time teaching to an available in-district, part-time teaching position […]

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Vacations on FMLA?

Editor: Sanmathi (Sanu) Dev, Esq. Below is an article written by my colleague, Ralph R. Smith, Esq., Co-Chair of our firm’s Labor & Employment Group. If you wish to view additional articles and/or be kept up-to-date with labor & employment issues, visit our HR Resource blog by clicking here. It seems like every day, I get some very unique questions in my practice. This one was a doozy. A client calls and tells me that an employee who is out of work on a medical leave of absence is posting pictures of herself on Facebook while on a wonderful vacation in the […]

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Appellate Division Defines Arbitrator’s Authority Regarding Tenure Charges

By: Erika Vasant, Law Clerk Editor: Sanmathi (Sanu) Dev, Esq. On August 25, 2022, in Sanjuan v. School District of West New York, the New Jersey Appellate Division in a published decision addressed the scope of an arbitrator’s authority under N.J.S.A. 18A:6-16 regarding tenure charges against a teacher. The Appellate Division held that an arbitrator may uphold a suspension without pay if a teaching staff member’s conduct was unbecoming. However, arbitrators lack the authority to demote teaching staff members from their positions. In this case, the West New York Board of Education (“Board”) demoted plaintiff Sanjuan from assistant principal to […]

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Non-Renewal Recommendation in Summative Evaluation Does Not Comply With Written Notice Requirement

By: Angela Reading, Law Clerk Editor: Sanmathi (Sanu) Dev, Esq. In New Jersey, spring brings critical deadlines related to renewal decisions for teachers. N.J.S.A. 18A:27-10 mandates that by May 15 of each year, the chief school administrator provide non-tenured teachers with either a new employment contract or written notice of non-renewal of the employee’s contract. If a non-tenured teacher does not receive an employment contract or written notice by the May 15 deadline, under N.J.S.A. 18A:27-11, the employee is presumed to have received an offer of employment for the upcoming school year under the same terms and conditions of employment. […]

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Appellate Division Rules School Boards Must Notify Tenured Teachers of Job Consequences Prior to Voluntary Transfer to Part-Time Positions

By: Becky Batista, Law Clerk Editor: Sanmathi (Sanu) Dev, Esq. On June 6, 2022, the New Jersey Appellate Division issued a published decision in Parsells v. Board of Education of Somerville in which it decided that school boards have a duty to notify full-time teachers, in advance, of adverse job consequences before they are appointed to part-time teaching positions, even when the teacher voluntarily seeks the part-time position. In reaching this decision, the Appellate Division reviewed the holding of the New Jersey Supreme Court’s decision in Bridgewater-Raritan Education Association v. Board of Education of Bridgewater-Raritan School District. This case concerned […]

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NJ Supreme Court Holds That Supervisor’s Two Uses of Offensive Slurs are Sufficient Support Hostile Work Environment Claim

By: Kristen M. Doyle, Law ClerkEditor: Sanmathi (Sanu) Dev, Esq. In a case decided on June 16, 2021, the New Jersey Supreme Court held in Armando Rios Jr. v. Meda Pharmaceutical, Inc. that a supervisor’s use of two offensive slurs was severe and pervasive enough to support a hostile work environment claim for a jury to decide under the New Jersey Law Against Discrimination (“NJLAD”). The facts on the summary judgment record established that defendant Meda Pharmaceutical, Inc. (“Meda”) hired Rios, a Hispanic male, in May 2015 as the company’s Director of Brand Marketing. Rios alleged that one month after […]

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