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Posts by Robert A. Fagella

Forced unpaid leave may be unlawful discipline

By Robert A. Fagella | April 13, 2022

NJ State PBA Legal Corner By Robert A. Fagella, Esq., Paul L. Kleinbaum, Esq. As implementation of mandatory COVID-19 vaccination policies increases, requests for medical and religious exemptions and reasonable…

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Federal Appeals Court ‘clarifies’ qualified immunity standard

By Robert A. Fagella | January 21, 2022

NJ State PBA Legal Corner By Robert A. Fagella, Esq., Paul L. Kleinbaum, Esq. In the November issue of NJ Cops Magazine, we reported on two U.S. Supreme Court cases…

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Federal law provides new opportunity for WTC responders

By Robert A. Fagella | December 21, 2021

NJ State PBA Legal Corner By Robert A. Fagella, Esq., Paul L. Kleinbaum, Esq. Although 9/11 occurred more than 20 years ago, the memory of that awful day remains fresh…

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Supreme Court reaffirms qualified immunity

By Robert A. Fagella | November 21, 2021

NJ STATE PBA LEGAL CORNER By Robert A. Fagella, Esq., Paul L. Kleinbaum, Esq. The modification or elimination of qualified immunity for law enforcement officers has been one of the…

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Court approves mandatory COVID vaccination policy

By Robert A. Fagella | October 16, 2021

NJ STATE PBA LEGAL CORNER By Robert A. Fagella, Esq., Paul L. Kleinbaum, Esq. One of the major issues facing employers and employees in New Jersey, and across the country,…

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Courts keep expanding grounds for civil rights claims

By Robert A. Fagella | August 30, 2021

NJ STATE PBA LEGAL CORNER By Robert A. Fagella, Esq., Paul L. Kleinbaum, Esq. State and federal courts in New Jersey continue to broaden – almost exponentially – possible causes of…

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Supreme Court sends Hostile Work Environment claim to jury

By Robert A. Fagella | August 16, 2021

NJ STATE PBA LEGAL CORNER By Robert A. Fagella, Esq., Paul L. Kleinbaum, Esq. The courts have often struggled with the level of proof necessary to send a case to…

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Supreme Court authorizes disclosure of disciplinary records

By Robert A. Fagella | July 14, 2021

NJ STATE PBA LEGAL CORNER By Robert A. Fagella, Esq., Paul L. Kleinbaum, Esq.  On June 7, the Supreme Court issued its decision affirming the Appellate Division’s decision and upholding…

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Supreme Court: Failure to provide light-duty accommodation for pregnant officer is unlawful discrimination

By Robert A. Fagella | April 21, 2021

NJ STATE PBA LEGAL CORNER By Robert A. Fagella, Esq. and Paul L. Kleinbaum, Esq. The New Jersey State Legislature enacted the Pregnancy Fairness Act (PWFA) in 2014 to provide…

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Legalized marijuana and the new normal

By Robert A. Fagella | March 31, 2021

By Robert A. Fagella, Esq. and Paul L. Kleinbaum, Esq. Legalized recreational use of cannabis has arrived in New Jersey. On Feb. 22, Governor Phil Murphy signed the legislation that…

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New Jersey Cops Magazine is the voice of New Jersey Law Enforcement and the only monthly publication that provides direct access to more than 65,000 Law Enforcement professionals across the state of New Jersey.

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