By: Stephen E. Trimboli, Esq. The Law Journal reported on this case on January 14, 2011. On January 13, 2011, the Superior Court of New Jersey, Appellate Division, issued its decision in Morris County Sheriff’s Office v. Morris County PBA, Local 298. The Court addressed the question whether a public employer may “eliminate previously-tolerated featherbedding.” Emphatically reversing a Public Employment Relations Commission (PERC) decision to the contrary, the Court held that the managerial prerogative to “spend public funds wisely” and…
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By James T. Prusinowski The following was published in the New Jersey Law Journal on November 29, 2010. Businesses are constantly being presented with opportunities to negotiate contractual relationships with clients, vendors, service providers and employees. Whenever new contracts are established, the parties should determine how to resolve a dispute which may arise regarding the document. There are several dispute resolution forums. The two most commonly utilized for contract disputes are the courts and arbitration. Arbitration itself is a creature…
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By Stephen E. Trimboli In Nino v. The Jewelry Exchange, Inc., et al., the Third Circuit refused to enforce an arbitration agreement between an employer and an individual employee, finding the agreement to be both procedurally and substantively unconscionable. “Procedural unconscionability” looks to “the process by which an agreement is reached and the form of {the} agreement, including the use therein of fine print and convoluted or unclear language.” A contract is substantively unconscionable when the contract contains “terms unreasonably…
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By Jim Prusinowski The New Jersey Supreme Court recently issued a decision regarding the right to privacy that an employee has in information maintained on an employer’s computer. Stengart v. Loving Care, 201 N.J. 300 (2010). In that decision, the Court articulated standards that New Jersey employers must maintain and guidelines for policies that need to be adhered to if the employer is going to seek to acquire an employee’s personal information from a company maintained computer. These requirements included…
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By: Stephen E. Trimboli, Esq. The Law Journal reported on this case on January 14, 2011. On January 13, 2011, the Superior Court of New Jersey, Appellate Division, issued its decision in Morris County Sheriff’s Office v. Morris County PBA, Local 298. The Court addressed the question whether a public employer may “eliminate previously-tolerated featherbedding.” Emphatically reversing a Public Employment Relations Commission (PERC) decision to the contrary, the Court held that the managerial prerogative to “spend public funds wisely” and…
