“Pass the Trash” Compliance Update

Private employers (“Employers”) holding contracts with New Jersey school districts and charter schools are reminded that it is now time to comply with the extensive background check requirements under the New Jersey “Pass the Trash” Act (the “Act”) in order to screen applicants and employees for child abuse and sexual misconduct in their former employment.  This law became effective on June 1, 2018, and requires employers/independent contractors to conduct a 20 year employment review of its applicants and employees who will have “regular contact with students.”  This employment review requires employers to:

  • Request information from the applicant/employee about child abuse and sexual misconduct with current and former employers for the last 20 years;
  • Collect the names, addresses, telephone numbers and relevant contact information of an applicant’s current and former employers for the 20 year time span, where the applicant/employee worked for a school or in a position that involved direct contact with children and inquire about child abuse and sexual misconduct.
  • Obtain authorizations from applicants to conduct the employment review;
  • Contact any out-of-state employers with whom the applicant/employee held a position involving regular contact with students; and
  • Update employment applications for positions that involve regular contact with students to include the penalties for applicants who provide false information. The penalties include termination or denial of employment and fines up to $500.

In addition to its affirmative obligation to conduct an employment review for child abuse and sexual misconduct, New Jersey employers will also be on the receiving end of these inquiries.  If an employer receives a request for information under the Act, it must respond within 20 days and disclose the requested information. Failure to do so may be grounds for the applicant’s automatic disqualification from employment. Importantly, the Act provides immunity to Employers who provide the requested information in good faith.

Employers who do business with New Jersey school districts or charter schools should review and revise existing hiring policies, practices and procedures to ensure compliance with the Act.  Human Resources personnel should also be trained on these new legal requirements to ensure that internal hiring processes and employment applications are updated to comply with the Pass the Trash Act.

For more information about the potential impacts of the “Pass the Trash” Act or forms your company can use to comply with this new law, please contact Dina M. Mastellone, Esq., Chair of the firm’s Human Resources Practice Group, at dmastellone@nullgenovaburns.com, 973-533-0777 or Brigette N. Eagan, Esq., Counsel in the Human Resources Practices Group at beagan@nullgenovaburns.com, 973-535-7114.

New Jersey Passes Mandatory Paid Sick Leave

On May 2, New Jersey Governor Phil Murphy signed a law mandating all private and public New Jersey employers, regardless of size, offer paid sick leave. This makes New Jersey the 10th state to adopt mandatory paid sick leave legislation. The Paid Sick Leave Act (“the Act”) also permits employees to use the leave for their own care or for the care of a family member and expands how paid sick leave can be used, encompassing protections beyond the federal Family Leave and Medical Act, the New Jersey Family Leave Act as well as other leave laws. The new law also fully pre-empts the 13 municipalities in New Jersey with local paid sick leave ordinances, allowing employers to adopt a state-wide uniform paid sick leave policy.

Coverage

Permissible use of sick leave includes the following:

(i) Diagnosis, care, treatment, recovery and/or preventive care for the employee’s own mental or physical illness or injury or the employee’s family member’s mental or physical illness or injury;

(ii) Absence due to a public health emergency declared by a public official that causes the closure of the employee’s workplace or the school or childcare facility of the employee’s child or requires the employee or an employee’s family member to seek care;

(iii) A necessary absence for medical, legal or other victim services because of domestic or sexual violence perpetrated on the employee or the employee’s family member; or

(iv) To attend a school-conferences, meetings, or any event requested or required by a child’s school administrator, teacher, or other professional staff member responsible for the child’s education, or to attend a meeting regarding a child’s health or disability.

The Act also broadly defines “family members” to include an employee’s child, spouse, domestic partner, civil union partner, parent (including adoptive, foster or step-parent, or legal guardian), sibling (including foster or adoptive siblings), grandparent or grandchild, and the parent, grandparent or sibling of the employee’s spouse, domestic partner or civil union partner. Notably, an employee has the opportunity to use their sick leave for the care of a non-related individual whose close association with the employee is the “equivalent” of a family relationship.

Exemptions & Employees Covered by a CBA

Per diem healthcare employees, construction workers subject to a collective bargaining agreement (CBA), and public employees who are provided with sick leave with full payment pursuant to any other law, rule or regulation are exempt from the new law. Non-construction employees covered by a CBA at the time the law goes into effect are also not effect, but will apply once the agreement expires. Further, employees and their representatives may waive the rights available under the law and address paid leave in collective bargaining.

Accrual of Paid Sick Leave

Under the new law, employees accrue 1 hour of paid sick leave for every 30 hours worked. Employees may accrue up to 40 hours of paid sick leave per benefit year.  Employers are also permitted to designate the “benefit year” as any 12-month period but may not modify it without notifying the New Jersey Department of Labor and Workforce Development (NJDOL).

Employees become eligible to use earned sick leave beginning on the 120th day after they are hired, and may use their earned sick leave as it is accrued. Employers are also permitted to offer, or “frontload” 40 hours of paid sick time or utilize a paid-time-off (“PTO”) policy as long as it provides equal or greater benefits and accrue benefits at an equal or greater rate than the benefits provided under the Act. There is no requirement to payout accrued and unused sick leave upon termination absent a company policy to the contrary.

Upon the mutual consent of the employee and employer, an employee may voluntarily choose to work additional hours or shifts during the same or following pay period, in lieu of hours or shifts missed, but shall not be required to work additional hours or shifts or use accrued earned sick leave. In addition, an employer may not require, as a condition of an employee’s using earned sick leave, that the employee search for or find a replacement worker to cover the hours during which the employee is using earned sick leave.

Notice

Employers are entitled to 7 days advance notice of “foreseeable” absences and can restrict employee’s use of “foreseeable” paid sick leave on certain dates.  Where the need is unforeseeable, an employer may only require notice “as soon as practicable,” if the employer has notified the employee of this requirement.  In addition, employers are only permitted to ask the employee for documentation to substantiate the sick leave if the employee is absent for 3 or more consecutive days.

Compliance

Employers will be required to maintain records documenting the hours worked and earned sick leave used by employees. Records must be maintained for 5 years and made available for inspection by the NJDOL. If an employee claims an employer violated the Act, and that employer that has failed to maintain adequate records, then there is a presumption that the employer failed to provide paid sick leave.

Employers must also post a notification and distribute a written notification alerting employees of their rights within 30 days of the notice being issued by the NJDOL and provide the notification to all new employees at the time of hiring.

Anti-Retaliation

Employers are prohibited from retaliating or discriminating against employees under the Act. The Act broadly defines retaliation to include not only retaliatory personnel action like suspension, demotion, or refusal to promote, but also includes threatening to report the immigrant status of an employee or family member of the employee. Employers are also prohibited from retaliating or discriminating against an employee who files a complaint with the commissioner or a court alleging the employer’s violation of the Act, or informs any other person of their rights under the Act.

There is a rebuttable presumption of unlawful retaliatory action whenever an employer takes adverse action against an employee within 90 days of when that employee opposes any violation of the Act, informs any person about the employer’s alleged violation of the Act, files a complaint alleging a violation of the Act, or cooperates in an investigation into an alleged violation of the Act.

Penalties

Any failure of an employer to make available or pay earned sick leave as required by the new law, or any other violation of the law, shall be regarded as a failure to meet the wage payment requirements of the New Jersey Wage and Hour Law.  Employers will also be subject to the penalties and remedies contained in the New Jersey Wage and Hour Law, including fines and possible imprisonment, reinstatement of a discharged employee to correct any discriminatory action and payment of all lost wages in full.

Bottom Line

The New Jersey Paid Sick Leave Act takes effect in 180 days, on October 29, 2018. Employers in New Jersey, in consultation with legal counsel, must review and revise existing policies, practices and procedures related to calculating employee’s sick leave to ensure compliance with the Act.  Human Resources and Benefits personnel should also be trained on the new paid sick leave law requirements and Managers should also receive updated training to ensure that internal recordkeeping processes are sufficient to keep track of time taken under the new law.

For more information about the potential impacts of the Paid Sick Leave Act or what steps your company can take to effectively ensure compliance with wage and hour laws, please contact John C. Petrella, Esq., Chair of the firm’s Employment Litigation Practice Group, at jpetrella@nullgenovaburns.com, or Dina M. Mastellone, Esq., Chair of the firm’s Human Resources Practice Group, at dmastellone@nullgenovaburns.com, or 973-533-0777.

Potential Relief on the Horizon for Business Owners as New Jersey Legislature Considers Controversial Revision To Proposed Statewide Sick Leave Law

A new version of the proposed statewide New Jersey sick leave law, sponsored by Assemblywoman Pamela Lampitt (D-Voorhees) as well as other Democrats in the Assembly may potentially include a controversial amendment that would make the bill more palatable to businesses. The revised bill could come with an amendment that would pre-empt local governments from adding to any statewide sick leave requirements that would be enacted. NJBIZ is reporting that the revised bill – with such a pre-emption — could resurface by the end of this month.

As it currently stands, the proposed statewide bill allows full-time and part-time employees to earn one hour of paid sick time for every 30 hours worked. Employees at businesses with ten or more employees would have a 72-hour-per-year cap, while employees at businesses with nine or fewer employees would have their paid sick hours per year capped at 40. In its current form, the bill allows New Jersey municipalities to adopt their own local paid sick leave ordinances, as long as those ordinances were in compliance with the statewide law. Nine municipalities have already passed their own paid sick leave ordinances: Jersey City, Newark, Passaic, East Orange, Paterson, Irvington, Montclair, Trenton and Bloomfield.

Business groups widely support an amendment to the state bill that would pre-empt all local ordinances. The amendment would allow businesses to create a uniform plan for compliance with the state law, rather than adjusting paid sick leave policies in municipalities that have their own, more expansive paid sick leave laws. In interviews with NJBIZ, leaders from the New Jersey Chamber of Commerce and the New Jersey Business & Industry Association expressed disapproval of the idea of a statewide paid sick leave law, but acknowledged that amendments to the bill that would ease the burden on businesses would be welcome. Conversely, representatives from employee advocacy groups New Jersey Citizen Action and New Jersey Working Families informed NJBIZ that an amendment with local pre-emption would be an unwelcome addition to the statewide bill.

The Statewide bill’s sponsor in the Senate, Sen. Loretta Weinberg (D-Teaneck), seemed open to discussion, stating, “I am working with the Assembly sponsors to advance this measure and discussing the potential for amendments to the legislation.”

For more information regarding this proposed bill and to learn how your business can implement best practices when dealing with paid sick leave laws, please contact John C. Petrella, Director of the firm’s Employment Litigation Practice Group at jpetrella@nullgenovaburns.com or Dina M. Mastellone, Esq., Director of the firm’s Human Resources Practice Group, at dmastellone@nullgenovaburns.com or 973-533-0777.

Same-Sex Couples Now Receive Equal Coverage Under The FMLA

On Friday, March 27, 2015, the Department of Labor (“DOL”)’s new regulation revising the definition of “spouse” to include those in same-sex marriages went into effect expanding the definition of spouse under the Family and Medical Leave Act of 1993 (“FMLA”).

With the reversal of the Defense of Marriage Act (“DOMA”) by the U.S. Supreme Court in United States v. Windsor, President Obama instructed all federal agencies to determine if federal benefits programs should be expanded as a result. Consequently, on February 25, 2015, the DOL published a Final Rule (“Final Rule”) which amended the regulatory definition of spouse under the FMLA to include all individuals in legal marriages, regardless of where they live thus ensuring that the FMLA will give spouses in same-sex marriages the same ability as all spouses to fully exercise their FMLA rights.  Prior to the New Rule, the DOL used the “state of residence” rule, which required the employer to look to its own state’s marriage laws to determine if an employee claiming FMLA leave actually had a “spouse”.  Thus, same-sex couples who were married in a state where the union was legal, but resided in a state that does not recognize same, these individuals would not be considered spouses under the old standard.

Under the new “place of celebration” standard, the definition of spouse is now a husband or wife as defined or recognized in the state where the individual was married (“place of celebration”), and specifically includes individuals in same-sex and common law marriages.  The Final Rule also defines spouse to include a husband or wife in a marriage that was validly entered into outside of the United States if it could have been entered into in at least one state.  Thirty-Seven (37) states currently recognize same‑sex marriage, while thirteen (13) states do not yet recognize the union.

It is important to note that the new regulatory definition of spouse does not substantively alter the FMLA.  For example, it does not change the eligibility requirements or an employee’s entitlement to take up to 12 workweeks of FMLA leave in a 12-month period, or what types of employers are covered by the FMLA.  All requirements for eligibility, qualifying reasons for leave, employee and employer notification, and certification must be met.  The revised definition also expands the right of both parents to utilize FMLA leave for the birth or adoption of their child.  Under the previous language, these rights were limited to the “mother” and “father”, limiting this option to partners in a heterosexual marriage.

As expected, not all states have agreed with this change. On March 26, 2015, the United States District Court for the Northern District of Texas, granted a request made by the states of Texas, Arkansas, Louisiana, and Nebraska for a preliminary injunction with respect to DOL’s Final Rule.  The Texas Attorney General, Ken Paxton, who was joined by the Attorney Generals for Nebraska, Arkansas, and Louisiana, was able to show a likelihood of prevailing on his claim that a change in the federal law’s definition of spouse would force Texas employers to choose between breaking federal or state laws.  U.S. District Judge Reed O’Connor ultimately agreed with the coalition of states in finding that the agency was exceeding its authority in changing the Final Rule.  In his opinion, Judge O’Connor stated his belief that Congress “intended to preserve a state’s ability to define marriage in this way without being obligated under the laws of another jurisdiction which may define it differently.”

Takeaway for Employers:

  • Given the injunction, a great deal of uncertainty surrounds the DOL’s Final Rule with additional court rulings expected in the coming months.  A recent posting on the DOL’s website about the decision provides no clear answers.
  • In the interim, the best approach for those employers operating in New York and New Jersey is offer FMLA benefits to employees in same-sex marriages who qualify for leave under the DOL’s new definition of spouse.
  • Continue to follow our blog and the DOL’s website www.dol.gov for further developments.

For questions related to compliance with the FMLA, please contact Dina M. Mastellone, Esq., Director of the Human Resource Practices Group and Counsel in the Employment Law & Litigation Group, at dmastellone@nullgenovaburns.com, or Eileen Fitzgerald Addison, Esq., Associate in the Human Resource Practices Group, at eaddison@nullgenovaburns.com.

N.J. Business Groups Vow To Fight Paid Sick Leave Law in Trenton

A group of six business organizations—including the New Jersey Business & Industry Association and the New Jersey State Chamber of Commerce—has filed a lawsuit against the City of Trenton, New Jersey, demanding the delay of a voter-approved measure requiring Trenton employers to provide their workers with paid sick leave.

The coalition is asking the Mercer County Superior Court to overturn the measure, arguing that it is unconstitutional, and preempted by state statutes.  The Ordinance, No. 14-45, become law on Wednesday, March 6th –120 days after 5,989 Trenton voters approved the measure in a November 2014 referendum.

In its papers, the coalition argues that the City lacks legal authority to implement the Ordinance.  More specifically, the group contends that the measure is a direct violation of the police powers granted to municipalities, which are subject to constitutional limits. In addition, the measure “substantially impairs” employer-employee contracts, in violation of the Contract Clause.  The group further argues that the city is over-stepping its powers and cannot reach beyond its municipal boundaries to require employers located outside of Trenton to provide paid sick leave for employees who work at least 80 hours a year in the City.  Christopher Gibson, the attorney for the group, said “Trenton’s mandatory paid sick leave ordinance is vague, ambiguous and contrary to New Jersey law and impossible to interpret, administer or implement.”

Notably, Trenton’s law is modeled after a similar ordinance successfully implemented in Newark. The Newark law requires employers with 10 or more workers to provide up to 40 hours—accruing one hour for every 30 hours worked – of paid sick time annually. Employers with fewer than 10 workers only have to provide up to 24 hours of paid sick time. Those in the child care, home health care and food service industries are required to provide the full 40 hours regardless of their size.

The referendum forced Trenton to join eight other municipalities within the state to pass such a measure. Over the past two years, local legislators in Jersey City, Newark, Passaic, East Orange, Paterson, Irvington and Montclair have passed their own versions of this ordinance. Earlier this month, Bloomfield joined the movement and passed its own paid sick leave law. Montclair, whose referendum was approved in November along with Trenton, also ushered in paid sick leave Ordinance on March 4th.  Notably, a State Assembly panel passed a statewide version of the bill in December.

For questions related to Trenton’s paid sick time ordinance, or compliance with your local paid sick leave laws, please contact Dina M. Mastellone, Esq., Director of the Human Resource Practices Group and Counsel in the Employment Law & Litigation Group, at dmastellone@nullgenovaburns.com, or Eileen Fitzgerald Addison, Esq., Associate in the Human Resource Practices Group, at eaddison@nullgenovaburns.com.

Philadelphia Signs Paid Sick Leave Law

Yesterday, Philadelphia Mayor Michael Nutter signed mandatory paid sick leave into law, a law that is expected to benefit up to 200,000 Philadelphians.

Taking effect in just 90 days – or no later than May 13, 2015 – the Promoting Healthy Family in the Workplace Law will require businesses within the City of Philadelphia with 10 or more employees to provide workers with at least one hour of paid sick leave for every 40 hours worked – approximately five days per year.  Sick time may be used for an employee’s health care, the care of a family member, and time needed to seek support in dealing with domestic violence or sexual assault.

The new law also creates exceptions for independent contractors, seasonal workers or those hired for fewer than six months, adjunct professors, interns and government employees.  The law also specifically exempts unionized workers working under collective-bargaining agreements, due to the powerful building trades unions in the city opposed having unions included.  Failure to comply can result in fines, penalties, and restitution.

The law intended to be the minimum requirement, allowing businesses to implement more generous benefits for their employees.  Businesses that already provide sick pay meeting or exceeding the law’s requirements need not change their policies. Employers that violate the ordinance will be subject to fines, penalties, and restitution.  An employer who wilfully violates the notice and positing requirements of the new law are also subject to a civil fine in an amount not to exceed $100 for each separate offense.

Seven years after the initial push by Councilman William K. Greenlee, Philadelphia finally joined the coalition of 16 cities and three states which have similar laws in its books. Mayor Nutter previously vetoed similar bills in 2011 and 2013, citing concerns about the economic recession.  Passage of the law makes Philadelphia the 17th city in the US to mandate paid sick leave, and it is the second largest city in the country after New York City to do so. During his recent State of the Union address, President Obama called on Congress to pass federal-sick leave legislation.

In New Jersey, a number of Municipalities have enacted similar laws, and a bill is currently pending in the state Assembly that would expand the initiative state wide. In its current form, the N.J. bill would require employers with fewer than 10 employees to offer at least 40 hours of sick time per year, while businesses with more than 10 employees would have to offer at least 72 hours of paid sick time per year.

For questions related to Philadelphia’s paid sick time ordinance, or compliance with your local paid sick leave laws, please contact Dina M. Mastellone, Esq., Director of the Human Resource Practices Group and Counsel in the Employment Law & Litigation Group, at dmastellone@nullgenovaburns.com, or Eileen Fitzgerald Addison, Esq., Associate in the Human Resource Practices Group, at eaddison@nullgenovaburns.com.

Obama Continues to Push For Federal Sick Leave

During his 2015 State of the Union address, President Obama continued his push for a mandatory paid sick leave law by calling on Congress to act and send him a bill.

The White House first announced its plans last week in a post published on LinkedIn.  Stating that the United States’ failure to require employers to provide paid family is “shameful,” Senior White House Adviser Valerie Jarrett advised that the President would call on Congress to require companies to give workers up to seven days of paid sick leave a year. The proposal, called the “Healthy Families Act,” would allow employees to earn a minimum of seven paid sick days per year.

In addition to pushing Congress to act, President Obama followed up on a promise made during his 2014 State of the Union address by signing a presidential memorandum (a tool similar to an executive order used to direct federal agencies to implement a White House policy), giving federal employees access to six weeks of paid parental leave by allowing new parents to advance their sick time.  While the Family Medical Leave Act (“FMLA”) already provides workers with the ability to take time off to care for their own health or that of certain family members, the leave is unpaid.

In order to promote change and action in the state level, the President has proposed $2.2 billion in new funds in the 2016 budget to encourage states to adopt their own paid leave programs. In New Jersey, a bill that would require paid sick time for all employees, including part-timers, was advanced by state legislators in December. In its current form, the NJ bill would require employers with fewer than 10 employees to offer at least 40 hours of sick time per year, while businesses with more than 10 employees would have to offer at least 72 hours of paid sick time per year.

For questions related to this legislation or compliance with local paid sick time laws,please contact Dina M. Mastellone, Esq., Director of the Human Resource Practices Group and Counsel in the Employment Law & Litigation Group, at dmastellone@nullgenovaburns.com, or Eileen Fitzgerald Addison, Esq., Associate in the Human Resource Practices Group, at eaddison@nullgenovaburns.com.

NJ Employees may soon be able to stay home during States of Emergency

During weather-related states of emergency, many businesses remain open and expect employees to report to work. Employees are then faced with a choice between commuting in potentially dangerous road conditions, or staying home and being docked a day’s pay.

A N.J. state lawmaker believes that staying home in such a situation should be a penalty-free option. A bill introduced by State Assemblyman Benjie Wimberly (D-Passaic), which was recently referred to the Assembly Labor Committee for a hearing, would protect employees from having to brave the weather to get to work.

Under the Bill (A3958), employers would be banned from taking retaliatory action against an employee who is unable to get to work during states of emergency.  The bill does not, however, require employers to provide a paid day off. Employers would not be required to pay employees who do not work, and those unable to get to work would have to notify their supervisors in a timely manner. Returning to work at the end of the declared state of emergency would also be expected, provided that it is safe to do so.

The bill carves out exceptions which include emergency personnel and those needed to provide other essential services, such as healthcare or utility workers. Additionally, the benefit would only be extended to employees who live in areas affected by the emergency.

A similar measure (1717) in the Senate, introduced by Peter Banes, III (D-District 18) and Linda Greenstein (D- District 14), was advanced out of committee in September.

If you have any questions or concerns regarding payment of wages during weather-related states of emergency, delayed openings or closures, please contact Dina Mastellone, Esq., Director of the Human Resources Practice Group and Counsel in the Employment Law & Litigation Group, at dmastellone@nullgenovaburns.com, or Eileen Fitzgerald Addison, Esq., Associate in the Human Resources Practice Group, at eaddison@nullgenovaburns.com.

NJ Requires Many Notifications to Employees in 2015

As New Jersey employers ring in the new year, they should be mindful of the New Jersey Department of Labor’s notice distribution requirements.  The DOL publishes several important notices which, in addition to posting, must be individually distributed to employees as follows:

New Jersey Security and Financial Empowerment Act (“NJ SAFE” Act)

  • In addition to a posting requirement, the NJ SAFE Act regulations require employers to “use other appropriate means to keep its employees so informed.”
  • Employers should include a written policy on the NJ SAFE Act in the employee handbook and/or distribute a copy of the notice to all current employees and to new employees upon hire.

Employer Obligation to Maintain and Report Records

  • Any new employee hired after November 7, 2011, must be provided a written copy of the notice at the time of hiring. The notice may be distributed to employees by hard copy or via electronic mail.

 New Jersey Family Leave Act (“NJ FLA”)

  • In addition to a posting requirement, the NJ FLA regulations require that if an employer has an employee handbook, “information concerning leave under the Act and employee obligations under the Act must be included in the handbook.”
  • If an employer does not have an employee handbook, it must “provide written guidance to each of its employees concerning all the employee’s rights and obligations under the Act.”
  • The DOL states that employers may duplicate and provide employees with a copy of the NJFLA Fact Sheet to provide such guidance.

New Jersey Family Leave Insurance

  • Employers must provide employees with a written copy of the notification: (i) at the time of the employee’s hiring; (ii) whenever an employee provides notice of a potential claim; and (iii) upon the first request of the employee. Written notification may be electronically transmitted to employees.

 New Jersey Conscientious Employee Protection Act

  • The notice must be distributed annually to all employees.

NJ Gender Equity

  • Employers must provide a written copy of the notice to each employee who is hired after January 6, 2014 at the time of his or her hire.
  • Annually, on or before December 31 of each year, employers must provide each employee a written copy of the notice.
  • Employers also must provide each employee a written copy of the notice upon request.
  • The required written notice can be distributed electronically or in hard copy form.
  • In every instance in which a written notice is required to be provided to an employee, the written notice must be accompanied by an acknowledgment that the employee has received it and has read and understands its terms. This acknowledgment must be signed by the employee (in writing or by means of electronic verification) and returned to the employer within 30 days of the employee’s receipt of the notice.

It is important to note that, for some of these notices, merely posting will not fulfill the DOL’s distribution requirements.  Nor will merely including notices in your workplace Employee Handbook.  Each law sets forth unique notice requirements.  Moreover, the inclusion of required notices in an Employee Handbook is not recommended – only critical employment law and HR policies should be set forth in Employee Handbooks.

MINIMUM WAGE INCREASE REMINDER!

Effective January 1, 2015, the hourly minimum wage in New Jersey is $8.38 per hour.

For more information on employer obligations in 2015 and beyond, please contact Dina Mastellone, Esq., Director of the Human Resources Practice Group and Counsel in the Employment Law & Litigation Group, at dmastellone@nullgenovaburns.com, or Eileen Fitzgerald Addison, Esq., Associate in the Human Resources Practice Group, at eaddison@nullgenovaburns.com

N.J. Bill Requiring Paid Sick Time for All Employees Moves Forward

Last week, an ambitious bill that would require all employers in New Jersey to offer paid sick days to employees was approved by the Assembly Labor Committee, clearing its first hurdle in the Legislative process. Assembly Bill No. 2354, sponsored by Assemblywoman Pamela R. Lampitt, District 6 (Burlington and Camden) and  Assemblyman Raj Mukherji, District 33 (Hudson), would require New Jersey businesses with 10 or more employees to provide up to 72 hours of paid sick time, equal to nine full days, while employers with fewer than 10 employees must provide up to 40 hours, equal to five full days, each benefit year. The bill sets only a minimum guarantee, but employers would be allowed to provide more generous sick-leave benefits.

Each employee would earn one hour of paid sick time for every 30 hours worked.  Sick time may be used for an employee’s health care, the care of a family member, the closure of the employee’s place of business due to a public health emergency, to care for a child whose school is closed due to a public health emergency, and time needed to deal with either being the victim of, or having a family member who is, the victim of domestic violence.  The Bill also creates an exception for employees covered by a Collective Bargaining Agreement.

First introduced in February of this year, this Bill comes at a time where numerous municipalities throughout the State have already enacted its own versions of the proposed paid sick time regulation. Mandatory paid sick time laws are already in effect in six New Jersey cities: Newark, Jersey City, East Orange, Paterson, Passaic and Irvington.  Residents of Trenton and Montclair will vote for the passage of their own earned sick leave law in Tuesday’s election.  Only Connecticut and California have statewide legislation currently in place.

For more information on this Bill and compliance with paid sick time laws, please contact Dina M. Mastellone, Esq., Counsel in the Human Resource and Employment Law & Litigation Practice Groups at dmastellone@nullgenovaburns.com