A Capehart Scatchard Blog

Tag: employment law

N.J. District Court Issues Post-Janus Decision on WDEA

By on January 7, 2020 in Labor & Employment with 0 Comments

On May 18, 2018, the New Jersey Governor signed into law the Workplace Democracy Enhancement Act (“WDEA”), which allows union employees to withdraw from the union and cease paying dues upon notice to the employer during the 10 days following each anniversary date of their employment. On June 27, 2018, the United States Supreme Court issued its decision in Janus, holding that public-sector unions may no longer extract agency fees from non-consenting employees. On December 27, 2019, the U.S. District Court for the District of New Jersey issued a decision in Thulen v. AFSCME regarding union members’ argument that the […]

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Governor to Sign Bill to Ban Hair Discrimination

By on December 31, 2019 in Legislation with 0 Comments

New Jersey bill entitled Create a Respectful and Open Workspace for Natural Hair Act (“CROWN Act”) was passed by the Senate on December 16, 2019 and approved by the Assembly on December 19, 2019. The CROWN Act would prohibit discrimination on the basis of hairstyle, type, or texture, which are traits historically associated with race. This bill, which further addresses discrimination under the New Jersey Law Against Discrimination (“NJLAD”), will head to the Governor for signature. The NJLAD, which applies to schools and work places, would be amended to specifically define “race” to include “traits historically associated with race, including, […]

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Elimination of Salary Caps for Superintendents of Schools Signed Into Law Effective Immediately

By on July 31, 2019 in Labor & Employment with 0 Comments

By: Cameron R. Morgan, Esq.Editor: Sanmathi (Sanu) Dev, Esq. On July 19, 2019, Governor Murphy signed new legislation, L. 2019, c. 169 (S-692 / A-3775), which eliminated the cap on maximum base salaries for superintendents of schools which had been in effect since February 2011.  At time of the new law’s passage, subject to several potential modifications allowable under law, the salary cap levels had been set by administrative regulations of the Commissioner of Education at $147,794 for schools districts with enrollments of 749 students or less, $169,689 for districts with enrollments of 750 to 2,999, or $191,584 for districts […]

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Appellate Division Affirms OPMA Does Not Require BOE to Discuss Proposed Employment Action Prior to Voting

On May 17, 2019, the New Jersey Appellate Division in Centrella v. Prospect Park Board of Education issued an unpublished decision confirming that, under the Open Public Meetings Act (“OPMA”), a board of education is not required to discuss a proposed employment action prior to actually voting on that action. This case involved a former Prospect Park Board of Education (“Board”) employee’s appeal under the OPMA in which she alleged that the Board improperly eliminated her position of speech language specialist and terminated her tenured position when the Board did not discuss the proposed action at the same meeting in […]

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Appellate Division Rules Chapter 78 Does Not Preempt Terms of CNA

The Ridgefield Park Education Association (“Association”) filed an appeal with the New Jersey Appellate Division challenging a ruling by the Public Employment Relations Commission (“PERC”) in favor of the Ridgefield Park Board of Education (“Board”), which held that Chapter 78 preempted the terms of the parties’ collective negotiations agreement (“CNA”) for the period July 1, 2014 to June 30, 2018. On May 3, 2019, the Appellate Division reversed PERC’s determination in In the Matter of Ridgefield Park Board of Education and Ridgefield Park Education Association and remanded the matter to PERC to implement a remedial mechanism to refund the excess […]

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Contract Rescission Does Not Avoid Need for Public Notice and Hearing

By on March 15, 2019 in Labor & Employment with 0 Comments

By: Robert A. Muccilli, Esq. Editor: Sanmathi (Sanu) Dev, Esq. Statutes are to be read sensibly rather than literally. This was the message sent by the New Jersey Appellate Division on March 14, 2019 in Wall Township Education Association v. Board of Education of the Wall Township School District when it reversed the Commissioner of Education’s decision and held that a superintendent and school district may not avoid the requirements for public comment and public hearing under N.J.S.A. 18A:11-11 simply by rescinding an existing superintendent employment contract. The Superintendent had a contract which was to expire on June 30, 2019. After […]

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Appellate Division Upholds Arbitrator’s Decision to Limit Increment Withholding

By on February 11, 2019 in Labor & Employment with 0 Comments

On January 28, 2019, the Appellate Division affirmed an arbitrator’s decision to limit the withholding of a teacher’s increment to one year. In Trenton Board of Education v. Trenton Education Association, the Trenton Board of Education (“Board”) approved the withholding of a teacher’s increment for an indefinite period of time. The Trenton Education Association (“Association”) challenged that decision. During the 2015-2016 school year, the Board employed Carmel Gabriel as a middle school teacher. The principal, who was Gabriel’s direct supervisor, and vice principal cited him for various deficiencies, such as problems with his teaching practices, failure to attend mandatory meetings, and […]

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Appellate Division Rules Teacher Not Entitled to Tenure in Extracurricular Assignment

By on January 2, 2019 in Labor & Employment with 0 Comments

On December 17, 2018, the New Jersey Appellate Division in Melnyk v. Board of Education of the Delsea Regional High School District upheld the Commissioner of Education’s decision that a teacher who already has attained tenure based upon his or her years of service in a particular position cannot also acquire separate tenure in an extracurricular assignment if the teacher is not required to possess a different certificate other than the one he or she already possesses in the tenured position and the teacher receives a stipend for the additional assignment that is not an integral part of the teacher’s […]

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Districts Ordered to Pay Increments Upon Expiration of Contract

By on December 10, 2018 in Labor & Employment, Other with 0 Comments

By: Robert A. Muccilli, Esq. Editor: Sanmathi (Sanu) Dev, Esq. The question of whether a school district with a collective bargaining agreement of less than five years in duration is required to pay the increment for teaching staff members at the expiration of the agreement has existed since the amendment of N.J.S.A. 18:29-4.1.  The amendment permits school districts to adopt a salary policy schedule for a period of up to five years. In In the Matter of Englewood Board of Education and Englewood Teachers’ Association (decided October 29, 2018) and In the Matter of Cliffside Park Board of Education and […]

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Commissioner of Education Rules Bedside Tutor Position Not Eligible for Tenure Accrual

By on December 3, 2018 in Labor & Employment with 0 Comments

On November 9, 2018, the New Jersey Commissioner of Education (“Commissioner”) concurred with an Administrative Law Judge’s finding in Mirda v. Board of Education of the Union County Educational Services Commission that the position of Bedside Tutor fell within the substitute teacher exception and is not eligible for tenure accrual. The Union County Educational Services Commission Board of Education (“Commission”) provides various services to school districts in Union County, including one-to-one bedside instruction at hospitals to students enrolled in Union County schools. Bedside Tutors are paid at an hourly rate, do not receive benefits or paid holidays, and are not guaranteed a […]

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