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Keeping Up With New Jersey Employment Law Developments

It was a busy January 2020 in Trenton, with the state enacting several new employment laws, with more apparently on the way. This is in addition to the slew of new laws adopted in 2019 impacting New Jersey employers. Here’s a summary of recent employment law developments in New Jersey just one month into 2020, a look at what may be on the way, and a recap of 2019’s changes.

New Jersey Department of Labor Reschedules Hearing on Proposed Regulations Regarding Tipped Employees

The New Jersey Department of Labor and Workforce Development rescheduled the hearing on proposed regulations regarding tipped employees to Friday, February 21, 2020 from the previously scheduled February 26, 2020 date. Further information on the content of the proposed regulations can be found here.

New Jersey Laws Aimed at Misclassification of Independent Contractors

New Jersey has enacted a series of laws designed to penalize companies that misclassify individuals as independent contractors.

New Jersey Amends its Wage Statement Requirements

Among the 153 bills Governor Phil Murphy signed into law on January 21, 2020 was Senate Bill 1791, which amends the New Jersey Wage Payment Law (WPL) to require employers to provide additional information on employees’ wage statements.

New Jersey Independent Contractor Bill Based on “ABC” Test Has Failed – For Now

On January 14, 2020, the latest session of the New Jersey legislature ended and, with it, so did Senate Bill (SB) 4204. The bill, which in many respects mirrored California’s recently-enacted Assembly Bill (AB) 5, sought to codify the “ABC test” as the proper method for determining whether an individual should be classified as an independent contractor or as an employee for purposes of wage claims and unemployment compensation under state law. However, by ending its session without a vote on the bill, the legislature effectively pushed any further consideration of it to the next session.

New Jersey Enacts Leave for Organ and Bone Marrow Donors

New Jersey has amended its Temporary Disability Benefits Law (TDB) to provide job-protected leave during “a period of disability” resulting from the donation of any organ or bone marrow. The new law will take effect on May 20, 2020.

New Jersey Department of Labor Issues Final Earn Sick Leave Law Regulations

The New Jersey Department of Labor and Workforce Development (NJDOL) has issued final regulations on the New Jersey Earned Sick Leave Law (ESLL), ending more than a year’s anticipation following the close of the proposed regulations’ comment period in 2018.

New Jersey WARN Act Radically Expanded

Reducing your New Jersey workforce just became more expensive.

New Jersey Expands Information Required in Wage Statements of Deductions

New Jersey has amended its Wage Payment Law (WPL) to require employers with at least 10 employees to furnish employees with additional information each pay period to assist in determining whether their wages are being properly calculated. The new law will take effect on May 20, 2020.

The Gig is Up – New Jersey Misclassification Laws Create Extreme Risk for Anyone Utilizing Independent Contractors

Background: Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the state’s Department of Labor and Workforce Development (DOL) began increasing audits and its scrutiny of contractors within the state.
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