Protecting the rights of employees and job applicants in New Jersey and around the country requires a complex system of courts and government agencies. Both federal and New Jersey employment laws rely on agencies to interpret, implement, and enforce those laws. Many employment disputes must go through an administrative process before a person can file a lawsuit in court, such as the process of filing a discrimination charge with the Equal Employment Opportunity Commission (EEOC). Some agencies have administrative law judges (ALJs) who can rule on disputes. This helps keep court dockets from becoming even more overloaded. If a case does go before a federal court, a 1984 U.S. Supreme Court decision states that judges should defer to agencies’ interpretations of the law in certain situations. Two cases currently pending before the Supreme Court could upend this system.
Administrative Law Judges
Many employment law disputes go before ALJs, who have the authority to adjudicate certain matters. ALJs with the U.S. Department of Labor handle various employment-related claims. The National Labor Relations Board (NLRB) has ALJs who adjudicate labor complaints.
ALJs are not part of the federal court system. Article III of the U.S. Constitution addresses the Judicial Branch of the federal government. ALJs are part of the system of administrative agencies under the Executive Branch. This is part of the dispute now before the Supreme Court in Securities and Exchange Commission v. Jarkesy.
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