A Capehart Scatchard Blog

Tag: labor and employment

Governor Signs Law Establishing New Health Care Plans and Contribution Levels

On July 1, 2020, Governor Philip Murphy signed Senate Bill 2273 which requires alterations in health insurance plans and changes to school employee contributions toward the cost of health coverage.  The law takes effect immediately and in some respects overrides collective negotiations agreement provisions.  The new law will impact negotiations, budgeting and insurance benefit planning.  Key components include: Establishment of New Jersey Educators Health Plan (“NJEHP”) by the School Employees’ Health Benefit Program (“SEHBP”) for the 2021 plan year and creation of an equivalent plan by non-SEHBP school districts; Establishment of a less costly Garden State Health Plan (“GSHP”) by the […]

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N.J. Supreme Court Decides Issue on Compensation for Unused Sick Time

On April 20, 2020, the New Jersey Supreme Court issued an important decision regarding a teacher’s right to compensation for unused sick leave at the time of retirement or separation from a board of education. In Barila v. Board of Education of Cliffside Park, the State’s Supreme Court held that the unambiguous terms of the collective bargaining agreement between the teachers’ union and the board of education dictated the right to sick leave compensation upon retirement and such agreement did not violate a vested right. The Cliffside Park Education Association (“Association”) is the exclusive collective bargaining representative for all teachers […]

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Interactive Process Breakdown: Employee’s Refusal to Participate Bars Discrimination Claims

Editor: Sanmathi (Sanu) Dev, Esq. On March 31, 2020, the Third Circuit Court of Appeals decided the matter of Petti v. Ocean County Board of Health, 2020 U.S. App. LEXIS 10082 (3d Cir. 2020). Plaintiff B. Janet Petti was an accountant for the Ocean County Board of Health (“OCHD”) and worked in one of the two buildings at OCHD’s office campus. Construction began at the building next to where Petti worked. Petti reached out to OCHD’s Director of Administration and Program Development regarding construction debris and asbestos out of concern it could aggravate her unspecified medical condition. OCHD responded that […]

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

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

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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New Jersey Equal Pay Act Takes Effect July 1, 2018

By: Kelly E. Adler, Esq. Editor: Sanmathi (Sanu) Dev, Esq. If you are a New Jersey employer and you have never heard of the Diane B. Allen Equal Pay Act (“Equal Pay Act”), pay close attention. At the end of March 2018, the New Jersey Legislature sent the Equal Pay Act to the Governor of New Jersey, Phil Murphy, for his signature.  Governor Murphy signed the bill into law on April 24, 2018.  The Equal Pay Act will go into effect on July 1, 2018. Why is this legislation such a big deal for New Jersey employers? This is sweeping legislation and is […]

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