Articles Discussing General Issues In New Jersey Labor & Employment Law.

Proposed legislation that would make whistleblower settlement agreements involving public entities available to the public has been approved unanimously by the New Jersey Assembly on March 23, 2017.

The New Jersey State Senate has introduced legislation to expand benefits under the state’s Paid Family Leave Law. The bill (S-3085) would double the benefit period from six weeks to 12 weeks and increase the amount of compensation to the employee while on leave

An arbitrator tasked with resolving claims brought by a New Jersey school district against a faculty member erred when he impermissibly converted one count of the complaint from unbecoming conduct to one of sexual harassment and found the school district did not present sufficient evidence to support a charge of sexual harassment, the New Jersey Supreme Court has held.

In March 2016, the New Jersey Legislature gained bipartisan support to pass a new bill on pay equity. The bill, like many being considered by state and local governments, aimed to remedy sex discrimination in the workplace and close the wage gap.

Executive Summary: New Jersey has taken the first step toward becoming a global center of international arbitration by enacting the International Arbitration, Mediation, and Conciliation Act (the “Act”) on February 6, 2017. The Act provides the framework for making New Jersey an attractive destination for resolving international business and trade disputes.

Morristown, New Jersey, has released the “Notice of Employee Rights to Paid Sick Time” for use by employers preparing for the Morristown Paid Sick Leave Ordinance’s January 11, 2017, effective date. (For details on the Ordinance, see our article, Morristown, New Jersey, Passes Paid Sick Leave Ordinance.)

Employers in New Jersey must comply with a number of state laws and regulations that often impose different or more stringent requirements on employers than those imposed by federal law. Attorneys in FordHarrison’s Berkeley Heights, New Jersey, office have prepared the New Jersey Employment Law Desk Reference to provide guidance to employers on the various New Jersey state laws. The Desk Reference provides an overview of various state laws impacting employers, including those relating to discrimination and harassment, equal pay, wage and hour requirements, and leave and other benefits requirements. For a preview of the Desk Reference or for information on how to request a copy, visit the In Depth Analysis page of FordHarrison’s Knowledge Center.

A bill in the New Jersey State Senate would bar an employer from entering into an agreement for severance payments with an employee “which results in the employee releasing any claims, or barring any potential claims in the future, that the employee may have against the employer regarding gender discrimination or harassment.” The bill, S2535, also deems any provisions in a severance agreement requiring the release of gender claims “void and unenforceable.” If enacted, the bill will affect Garden State employers and employees significantly.

Morristown, New Jersey, Mayor Timothy P. Dougherty has signed an Executive Order (No. 16-01) delaying the effective date of Morristown’s Paid Sick Leave Ordinance, O-35-2016, from “upon passage and publication” to January 11, 2017.

New Jersey legislators have delayed a vote on the Paid Sick Leave Act to allow the Assembly and Senate a chance to settle their disputes over the bill’s impact on small employers and its preemptive effect on municipal ordinances mandating paid sick leave. These are the same issues that led to failure of the March 2016 vote in the legislature.

The City of Jersey City, New Jersey, recognizing that building service employees compose “a significant portion” of those who work in the City, is considering an ordinance to establish a minimum 30-hour workweek for them. The measure, launched by City Council President Rolando Lavarro, Jr., and backed by Mayor Steve Fulop, seeks to mandate that employers provide certain building services employees with at least 30 hours of work per workweek.

On December 17, 2015, New Brunswick, New Jersey passed a sick and safe leave ordinance that provides up to 40 hours of paid sick and safe leave to employees beginning on January 6, 2016. Although there are similarities between this ordinance and other sick leave ordinances in New Jersey, there are substantive differences as well. Consequently, employers that previously updated their time-off policies to comply with other sick leave ordinances in New Jersey will need to revisit those policies to ensure compliance.

The New Jersey Department of Labor and Workforce Development (NJDOL) has adopted regulations for the Opportunity to Compete Act, the state Ban-the-Box Law, clarifying many questions, including the Act’s impact on businesses with multistate operations.

Elizabeth, New Jersey, joins a growing number of municipalities in the Garden State to enact a City Ordinance mandating that all private employers in the city provide their employees with paid sick time. Ordinance No. 4617 will take effect on March 2, 2016, or at the expiration of current collective bargaining agreements for employees working under CBAs.

On October 29, 2015, the City Council in Jersey City, New Jersey voted to broaden the scope of its paid sick leave ordinance, which was enacted in 2013. Just five days later, on November 3, 2015, voters in Elizabeth, New Jersey approved a paid sick leave law, becoming the 10th municipality in New Jersey to require private employers to provide paid sick time to their employees.1