By Evan Crook, Esq. When considering the separation of an employee, whether by virtue of layoff, discipline or otherwise, an employer’s primary concern is finality. You want the matter to be over. Finality necessarily includes ensuring that the separated employee does not make any statements or take any actions that would adversely affect the employer’s operations, interests and reputation after a separation agreement has been reached. A government employer’s interests in this regard could be said to be even higher,…

By Maggie McHugh In a recent precendential case involving a workplace claim of sexual harassment, the Third Circuit confirmed proxy theory of liability in employment claims, holding that the Supreme Court “did not intend for the Faragher/Ellerth defense to be available where the supervisor responsible for [the alleged] harassment was a proxy for the organization-employer.” Where Faragher drew a distinction between vicarious lability and proxy lability, O’Brien validates arguments for proxy liability in Third Circuit litigation. This new development should…

By Thomas Hastie, Esq. As we head into 2023, municipal finance professionals have another decision point to consider as they prepare to sell short-term financial obligations: whether to utilize an Official Statement. Every municipality in New Jersey prepares an Official Statement when it sells long-term bonds on its own. And it has been documented that using an Official Statement in the sale of municipal securities can be expected to increase the number of bidders and reduce the interest rate. But…

By Anthony Drollas Electric vehicles (“EV”) are well on their way to becoming commonplace, but in New Jersey, where transportation by automobile is essential, the infrastructure for charging vehicles remains inadequate.  EV owners are learning that buying and installing a home charging and service system can be a significant financial investment, assuming that a connection to a nearby power grid is available. Additionally, “range anxiety” affects those who are uncertain about the availability of and distance between charging locations and…

By Anthony Drollas Municipalities, as the owners and operators of potable water systems, have growing obligations to protect the public from the effects of per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals,” which have been recognized to pose a significant risk to public health and the environment.  PFAS-type contaminants have been used in the manufacturing processes for everyday products for decades. Common sources of discharges of PFAS contaminants to land and water supplies include landfills, airports, military bases,…

On September 6, 2022, the National Labor Relations Board (NLRB) proposed a rule on joint-employment that entities would be joint employers if they “share or co-determine” essential job terms, i.e., wages, benefits, and other compensation, even if one party wields only “reserved” or “indirect” control. This proposed rule would replace the April 27, 2020 rule, which required proof of “direct and immediate” control over workers for an entity to be considered an employer. The NLRB’s proposed rule reportedly has the…