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At approximately 10:30 PM on July 9, 2020, The State Attorney General sought permission to file a motion seeking  emergent relief to dissolve the stay to implement Directives 2020-5 & 2020-6 entered by the Appellate Division earlier that day. The stay as currently entered delays the Attorney General’s ability to implement Directives 2020-5 & 2020-6 until a full hearing takes place concerning the legality of the Directives themselves.  Oral argument on the issue is set…
Today, the New Jersey Superior Court Appellate Division Issued a Temporary Stay on the release of public disclosure of the identities of Law Enforcement Officer who have been sanctioned for “serious disciplinary violations”, defined as “termination of employment, reduction in rank or grade, and/or suspension greater than five days”.  In issuing the Stay a briefing schedule was established culminating in oral argument on the date of October 15, 2020.  We will continue to keep you…
As reported by NJ.com, a plan offered by Governor Phil Murphy for New Jersey’s state government to make up for massive losses in tax revenue with up to $14 billion in borrowing passed the State Assembly yesterday, but still lacks support from State Senate President Stephen Sweeney. The measure cleared the lower house in a 51-28 vote along party lines. The State Treasurer has lowered by $10 billion how much tax revenue the State…
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 administrators have again proven to be the poor leaders that we always knew that they were. Unfortunately, the poor leaders…
As reported by NJ.com, legislation to automatically pay federal death benefits to first responders who die of the coronavirus unanimously passed the United States Senate yesterday.  The measure removes the requirement that families of police officers, firefighters and emergency medical technicians  have to prove that the first responder was infected while on the job as long as the person was diagnosed with COVID-19 within 45 days of his or her last shift. “Our firefighters,…
As many of you are aware by now, State and Local Governments across the country have split $150 billion in Federal aid under a provision of the Coronavirus Aid Relief and Economic Security (CARES) Act.  The division of these dollars, made available through the new Coronavirus Relief Fund, is allocated to each State and governmental entity based on a specific mathematical formula that was created and made part and parcel to the legislation itself. …
On account of the COVID-19 outbreak, many employers are requiring employees submit to temperature checks prior to entering the place of employment or their specific job.  For New Jersey Public Safety Officers, this is no different. To this end, the State of New Jersey and many counties, towns, and municipalities are requiring officers submit to temperature checks prior to entering places of employment such as correctional facilities and station houses and/or reporting to their specific…
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 July 1, 2011 through June 30, 2015. (Please see PERC Decision Numbers CO-2016-107 and CO-2016-118 respectively).  In rendering their decision…
As reported by NJ.com, the Policemen’s Benevolent Association Local Number 105 (“P.B.A. #105”), the union representing rank-and-file Correctional Police Officers employed by the New Jersey Department of Corrections, among various other State employees, and the largest law enforcement union in the State of New Jersey, is demanding widespread and free testing of both its members and inmates alike at all New Jersey prisons in the wake of yet another unfortunate death of a Correctional…
Despite the constant influx of novel legal issues caused by the COVID-19 crisis, the New Jersey Appellate Division is still busy at work rendering decisions on all aspects of the law, including those related to labor and employment. Case in point: M.R. v. Board. of Trustees (PERS), No. A-6015-17T4, 2020 N.J. Super. Unpub. LEXIS 615, an unpublished decision where the Court was again asked to determine whether a settlement agreement in a disciplinary action…