As reported by Observer.com, lawmakers have resurrected a proposal to cap unused sick time payouts for all New Jersey public workers. Last week, the Assembly State and Local Government Committee advanced a bill that would cap sick leave payouts to public workers at $7,500 or whatever the employee has banked so far if they have already earned more than that. Public workers who retire with less than $7,500 in unused sick pay would receive payments over a five-year period to cover the cost of healthcare coverage or medical expenses, according to the bill.

New Jersey currently caps sick leave payouts for all state workers at $15,000. In 2010, former Governor Chris Christie signed a law capping newly-hired local government employees at $15,000, but he conditionally vetoed a separate bill that would have capped all public employees at $15,000, saying there should be no sick leave payouts at all. He then rejected an offer to reduce the cap to $7,500.

Public sector labor unions were outraged at the new bill, arguing it would interfere with their ability to collectively bargain. They said many local governments already have caps on sick leave payouts and noted public workers have seen cutbacks to their benefits and a freeze in yearly cost-of-living adjustments for retirees since 2011. “It’s an attack on collective bargaining, and by extension, it is an attack on the sustainability of the middle class,” said Ginger Gold Schnitzer, director of Government Relations at the New Jersey Education Association, the state’s largest teachers union. “This bill, if enacted, would undermine collectively negotiated agreements.”

Pat Colligan, President of the New Jersey State Policemen’s Benevolent Association, said he was “befuddled” to see a new sick leave payout bill move through a Democrat-controlled Legislature while there is a Democratic governor. “For those of you who are sitting on the dais with a ‘D’ next to your name, there is not one description of ‘Democrat’ in any encyclopedia and any dictionary that doesn’t say it supports labor,” he told lawmakers.

As you can expect, this bill could have an enormous impact upon all New Jersey public employees, most notably New Jersey Public Safety Officers, and the compensation they are ultimately entitled to. Moreover, this seems to be another attempt to circumvent the collective negotiations process through the passage of legislation. As such, please continue to check this blog periodically to ascertain important updates regarding the progression of this bill.

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DONALD C. BARBATI, JR.

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault.  In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.