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The Latest Buzz: New Jersey Employer Must Reimburse Injured Employee for Cost of Medical Marijuana

Executive Summary: Rejecting Freehold Township’s claim the entire case was barred by the federal Controlled Substances Act (CSA), a workers’ compensation judge ruled the municipality must reimburse its employee for the cost of medical marijuana to treat his work-related injury. This contrasts with a recent decision from Maine’s highest court, which held that compliance with an administrative order compelling an employer to subsidize an employee’s use of medical marijuana constitutes aiding and abetting, which is a violation of the CSA.

New Jersey 2018 Legislative Update: 11 Bills That Employers Should Watch

On January 16, 2018, Democratic candidate Phil Murphy was sworn in as the 56th governor of the State of New Jersey, replacing Republican former governor Chris Christie. As reflected in the Report of the Labor and Workforce Development Transition Advisory Committee, Governor Murphy’s administration is poised to advance legislation that will have a significant impact on employers doing business in New Jersey. From raising the minimum wage to $15 per hour to curbing employee misclassification abuse, employers large and small can expect new legislation impacting the employer-employee relationship. In fact, in just his first six months in office, Governor Murphy has already signed into law one of the most expansive pay equity laws in the nation as well as a law that provides paid sick leave for New Jersey employees.

New Jersey Closer to Bar on Jury Waivers, Arbitration Agreements, Secrecy of Harassment Settlements

The New Jersey Senate has passed a bill that would prohibit jury waivers and agreements that conceal the details of discrimination claims under the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1, et seq. (LAD). The bill, which passed by a vote of 34-1, also would call into question the enforceability of agreements to arbitrate LAD claims. The significant support it received in the Senate may signal quick passage in the Assembly and the likelihood of signature by the Governor.

Are You Covered?

The New Jersey State Bar Association recently met to discuss, among other things, our favorite topic: Cybersecurity. (Perhaps our esteemed Privacy, e-Communication and Data Security Practice Group chair was there….) We wanted to briefly mention two critical points discussed:

New Jersey Paid Sick Leave Bill Signed Into Law

On May 2, 2018, New Jersey Governor Phil Murphy signed into law a bill that requires New Jersey employers to provide their employees with paid sick leave. Once enacted, New Jersey will join nine other states and the District of Columbia in requiring paid sick leave. The law will become effective on October 29, 2018. The key provisions of the law and their impact on employers doing business in New Jersey are summarized below.

New Jersey Law Will Require Employers to Provide Paid Sick Leave

On May 2, 2018, New Jersey Governor Phil Murphy signed into law the New Jersey Earned Sick and Safe Days Act, which requires all New Jersey employers to provide earned sick leave to all employees. The law will take effect on October 30, 2018.

New Jersey Enacts Paid Sick Leave Act and Springs Forward with Legislative Agenda

Expanding employee protections in New Jersey is on the agenda for the overwhelming party-majorities in the Senate and the Assembly in the Legislature and for Governor Phil Murphy. In the latest development, Governor Murphy signed The New Jersey Paid Sick Leave Act on May 2, 2018. The bill passed by 2-1 margins in both houses. The Paid Sick Leave Act will go into effect on October 29, 2018, 180 days after enactment.

New Jersey Joins Growing List of States Mandating Paid Sick Leave

Executive Summary: On May 2, 2018, Governor Phil Murphy signed into law a bill that requires New Jersey businesses to provide covered employees with paid sick leave. The Act preempts local sick leave ordinances currently enacted by 13 New Jersey municipalities. Employers will need to conform their leave policies within 180 days of this enactment.

New Jersey Enacts Paid Sick and Safe Leave Law

Paid sick leave will soon be available to most New Jersey employees under a sweeping law that Governor Phil Murphy signed yesterday. While 13 New Jersey municipalities already have passed laws requiring employers to offer earned sick leave, an estimated 1.2 million workers in the Garden State do not have access to any kind of paid sick leave.

New Jersey Hotels, Motels Must Provide Staff Human Trafficking Training under New Regulation

Under new regulation, hotels and motels in New Jersey must train employees on human trafficking. Training includes posting an informational human trafficking poster and ensuring certain hotel and motel employees view an informational video on human trafficking as a condition of employment. The regulation applies to all hotels and motels, regardless of the number of employees employed.