Search form

New Jersey Bill Will Make Whistleblower Settlement Agreements with Public Entities Public Records

By Richard J. Cino, Joseph C. Toris and Katerina R. Mantell
  • March 27, 2017

Proposed legislation that would make whistleblower settlement agreements involving public entities available to the public has been approved unanimously by the New Jersey Assembly on March 23, 2017.

The New Jersey Assembly Bill (A-4243) would bar public entities and public employees from entering into confidential settlements of whistleblower claims asserted under the New Jersey Conscientious Employee Protection Act, except where the settlement involves a matter concerning national security.

A public entity is defined as the state and any county, municipality, district, public authority, public agency, and any other political subdivision or public body in the state.

The bill provides that such settlements constitute public records under the open public records laws. While such information is often available under existing laws, such as the Open Public Records Act (N.J.S.A. 47:1A-1 et seq.), the proposed legislation requires that all settlement agreements be prominently displayed on the Attorney General’s website, in a searchable format, and include:

  1. the date the agreement was signed;
  2. the names of the parties;
  3. a description of the claims;
  4. the total amount each party is obligated to pay; and
  5. the total amount of compensation for outside legal counsel.

Supporters of the bill maintain that it will prevent public entities from keeping information involving the expenditure of public funds on such litigation confidential.

Jackson Lewis Morristown and Monmouth County attorneys are available to discuss this bill and other developments.

©2017 Jackson Lewis P.C. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis.

This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Jackson Lewis P.C. represents management exclusively in workplace law and related litigation. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed or the Jackson Lewis attorney with whom you regularly work.

See AllRelated Articles You May Like

September 24, 2018

Time Spent in Security Screening Compensable under Laws of Nevada and Arizona, Federal Court Rules

September 24, 2018

The laws of Nevada and Arizona require employers to pay their workers for time spent going through security screenings at the end of their shifts, the federal appeals court in Cincinnati has ruled. Busk et al. v. Integrity Staffing Solutions et al., Nos. 17-5784 and 17-5785 (6th Cir. Sept. 19, 2018). While the U.S. Supreme Court held... Read More

September 24, 2018

Supreme Court Preview: 2018-2019 Term

September 24, 2018

The U.S. Supreme Court will begin its 2018-2019 Term with a docket full of cases significant to employers and businesses. Cases to watch involve questions on employment discrimination and class arbitration, among other things. Age Discrimination in Employment Act On the first day of the term, October 1, 2018, the Court will hear... Read More

September 14, 2018

New Version of Model FCRA Summary of Rights Released; And You Have One Week to Comply

September 14, 2018

A new model “A Summary of Your Rights Under the Fair Credit Reporting Act” disclosure form document was released on September 12, 2018, by the Consumer Financial Protection Bureau (CFPB). Employers and background check companies should begin using the new form by September 21, 2018. The federal agency responsible for oversight and... Read More

Related Practices