November 15, 2012
Lyndhurst, NJ, November 15, 2012 – In Headen v. Jersey City Board of Education the New Jersey Supreme Court affirmed the trial court and appellate decisions which granted summary judgment to Scarinci Hollenbeck’s client the Jersey City Board of Education.
The plaintiff was a full time ten month employee of the school district. She alleged that she was entitled to vacation pay over and above the time off that she received for winter and spring break pursuant to the Civil Service Act. The Supreme Court ruled that the Civil Service Act applied to ten month only employees, but that the school district could direct that the vacation time be taken during winter break, spring break, and the two day teachers’ convention for which she had been paid. Accordingly, the case was dismissed, because the plaintiff received the amount of paid vacation mandated by the Civil Service Act and was not entitled to more.
The case was argued by Scarinci Hollenbeck Partner Robert E. Levy, who is Chair of the law firm’s litigation group. According to Mr. Levy, “Had the Supreme Court ruled otherwise, the financial implications for the Jersey City Board of Education would have been substantial, because the action was brought as a class action for all similarly situated employees of the Jersey City Board of Education.”
Also participating in the case were Scarinci Hollenbeck attorneys Charles H. Friedrich and CJ Griffin.