The Supreme Court of New Jersey recently declined to disturb a summary judgment victory obtained by Schenck Price attorneys Jeffrey T. LaRosa and Franklin Barbosa, Jr. in connection with a lawsuit brought by special police officers (“SPOs”) alleging that the City and its top officials had unlawfully denied them wages.

Over 20 SPOs filed a lawsuit against the City of Newark and several key officials asserting that a City requirement that the SPOs volunteer 20 hours of time annually without pay was unlawful under the U.S. and State Constitutions, as well as pursuant to various statutes, notwithstanding that the SPOs asserted that they were independent contractors. The lawsuit was initially filed in the United States District Court for the District of New Jersey.  Schenck Price aggressively pursued a motion to dismiss resulting in dismissal of the complaint.  The District Court sided with Schenck Price in concluding that the SPOs failed to adequately plead that the volunteer requirement was unlawful given the SPOs’ categorization as independent contractors.  The SPOs’ complaint was refiled in state court.  Similar to its strategy in the federal action, Schenck Price filed a motion for summary judgment, arguing that the volunteer requirement, absent more, was not unlawful.  The trial court agreed with Schenck Price, awarding summary judgment in favor of the City and its officials.

The SPOs appealed and argued that the trial court erred in concluding that the volunteer requirement is lawful under the U.S. and State Constitutions.  After extensive briefing on the issue, the Appellate Division upheld the trial court’s ruling.  The SPOs appealed, yet again, this time to the Supreme Court of New Jersey.  After its receipt of voluminous submissions, the Supreme Court issued an order denying review of the lower courts’ rulings, which meant the dismissal of the lawsuit remained in place.

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