N.J. Admin. Code § 12:110-7.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 12:110-7.6 - Remedies

(a) Warnings, reprimands, or derogatory references resulting from the protected activity which may have been placed in the complainant's personnel file shall be expunged.

(b) Reinstatement of the employee, back pay, benefits, seniority and reasonable legal costs may be awarded in any successful appeal.

(c) Back pay shall include unpaid salary, including regular wages, increments and across the board adjustments. Benefits shall include vacation and sick leave credits and additional amounts expended by the employee to maintain his or her health insurance coverage during the period of improper suspension or removal.

1. The award of back pay shall be reduced by the amount of taxes, social security payments, dues, pension payments and any other sums normally withheld.

2. The award of back pay shall be reduced by the amount of money actually earned during the separation. If an employee also held other employment at the time of the adverse action, the earnings from such other employment shall not be deducted from the back pay. However, if the employee increased his or her work hours at the other employment during the back pay period, earnings from such additional hours shall be subtracted from the back pay award.

3. Funds that must be repaid by the employee shall not be considered when calculating back pay.

4. Back pay shall include items such as overtime pay and holiday premium pay.

(d) When back pay and benefits are awarded, determination of the actual amounts shall be settled by the parties whenever possible.

(e) If settlement on an amount cannot be reached, either party may request, in writing, Commissioner review.

1. The parties shall submit all information and/or documentation requested by the Commissioner or his or her designee.

2. The Commissioner or his or her designee shall decide the matter in any manner or format which he deems appropriate.

(f) The Commissioner or his or her designee shall order an employer to post an Order to Comply or such other notice deemed appropriate at any or all of the employer's establishments for at least 15 days upon a determination that the employer committed a discriminatory act or some other violation of the Act.

N.J. Admin. Code § 12:110-7.6

Repeal and New Rule, R.1998 d.33, effective 1/5/1998.
See: 29 New Jersey Register 4440(a), 30 New Jersey Register 80(a).
Section was "Proceedings under the Act".
Amended by R.2003 d.189, effective 5/5/2003.
See: 35 New Jersey Register 335(a), 35 New Jersey Register 1920(a).
Rewrote the section.