On April 24, 2018, National Equal Pay Day, New Jersey Governor Phil Murphy plans to sign the Diane B. Allen Equal Pay Act (the “Act”) into law. Senate Bill S-104, reintroduced in this legislative session, contains sweeping changes to the New Jersey Law Against Discrimination (LAD) including, among other items, a prohibition against discrimination with respect to compensation or financial terms of employment on the basis of a protected trait, a six (6) year statute of limitations, and treble damages against any business that violates the Act.
Articles About New Jersey Labor And Employment Law.
New Jersey Legislature Passes Paid Sick Leave Bill
On April 12, 2018, the New Jersey State Senate, by a vote of 24-12, passed the New Jersey Paid Sick Leave Act (the “Act”). The Act, which passed the Assembly last month by a 50-24 margin, requires businesses of all sizes to provide up to 40 hours of paid sick leave to employees during an employer-established benefit year. The Act, which Governor Phil Murphy pledged to sign, expressly preempts municipal paid sick leave ordinances passed in cities and towns such as Newark, Morristown, and Paterson, in an effort to provide uniform obligations to businesses operating within the State. The Act includes the following provisions:
New Equal Pay Law in New Jersey Will Expand Employee Protections
On March 26, 2018, the New Jersey legislature passed the Diane B. Allen Equal Pay Act, which amends the New Jersey Law Against Discrimination (LAD). With Governor Phil Murphy’s signature, the act — which exceeds the protections of the federal Lilly Ledbetter Equal Pay Act, and addresses issues broader than gender pay equity — will take effect on July 1, 2018.
New Jersey to Pass Broadest Pay Equity Law in the US
Executive Summary: On March 26, 2018, the New Jersey legislature overwhelmingly passed amendments to the state discrimination law, including additional pay equity protections. The bill now goes to Governor Phil Murphy’s desk, who has indicated he will sign it into law. If signed, it would be one of the broadest equal pay statutes in the country. This legislation would make it unlawful for anyone who is in a “protected class” to receive lower pay or benefits for substantially similar work, unless the employer can demonstrate this differential is based on criteria permitted under the law.
New Jersey Governor Expected to Sign Expansive Equal Pay Bill
On March 26, 2018, the New Jersey legislature enacted amendments to existing statutes substantially expanding pay equity protections for New Jersey employees and giving rise to significant compliance and defense burdens for New Jersey employers. Newly elected Governor Phil Murphy is expected to sign the legislation, which will take effect on July 1, 2018.
New Jersey Extends Workplace Protections to Breastfeeding Mothers
Executive Summary: New Jersey extends workplace protections to breastfeeding mothers, requiring employers of all sizes to provide employees with time and space to express breastmilk.
New Jersey Tipped Employee Cash Minimum Wage Raise under Consideration
A bill to increase the hourly cash minimum wage paid to tipped employees in New Jersey has been introduced in the New Jersey State Assembly.
New Jersey Bars State Agencies from Seeking Applicants’ Wage Histories
In his first official act upon taking office, newly elected Governor Phil Murphy signed an executive order barring state agencies from asking job applicants about wage history. Former Governor Chris Christie previously vetoed legislation that would have prohibited employers from requesting salary history information from prospective employees.
Will the Justice Department’s Attack on Marijuana Impact New Jersey Employers?
Executive Summary: On January 4, 2018—just days after California began selling recreational marijuana and became poised to become the largest legal market for the drug in the U.S.—the Department of Justice changed tactics on marijuana enforcement by rescinding the “Cole Memo” and other internal guidelines. Issued in 2013, the Cole Memo de-prioritized federal marijuana enforcement efforts to, among other things, prevent distribution of marijuana to minors; prevent marijuana revenue from funding criminal enterprises; prevent marijuana from moving from legal states; and prevent violence related to growing or distributing marijuana.
New Jersey Ban-the-Box Law Limits Inquiries into Job Applicants’ Expunged Criminal Records
New Jersey has amended its “ban-the-box” law to prohibit inquiries into a job applicant’s expunged criminal record during the initial employment application process.
New Jersey Commissioner of Labor Clarifies the Owner-Operator Exemption under the State’s Unemployment Law
Executive Summary: On December 11, 2017, the Commissioner of the New Jersey Department of Labor and Workforce Development, Aaron Fichtner (the “Commissioner”), ruled that the New Jersey Unemployment Compensation Law’s (NJUCL) exemption for owner-operators not only applied to the case at bar, but also that satisfaction of the IRS test for independence is sufficient to demonstrate that the services performed by owner-operators were exempt from NJUCL coverage. The Commissioner’s decision clarified the applicability of the owner-operator exemption for motor carriers, rejected the argument that a formal IRS determination is needed to satisfy the exemption, and reversed hundreds of thousands of dollars of assessments rendered by the New Jersey Department of Labor and Workforce Development (NJDOL).
Bill Would Revise New Jersey Law Against Discrimination to Limit Employment Agreements
A bill in the New Jersey State Senate would effectively prohibit jury waivers, arbitration clauses, and non-disclosure provisions related to claims under the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1, et seq. (LAD).
New Jersey Restrictive Covenant Bill Aims to Change the Landscape
Providing a private right of action and barring judicial modification are just two features of a bill that aims to severely limit the use of non-compete agreements in New Jersey.
Employers Can Expect New Problems When Recreational Marijuana Hits New Jersey
Executive Summary: A cornerstone of Governor-elect Phil Murphy’s campaign platform was the decriminalization of marijuana in New Jersey. The proposed bill most likely to become law with the new administration comes as employers are just getting comfortable with a workforce eligible for medical marijuana use. Though similar to current medical marijuana policy, the new law legalizing recreational marijuana use will affect hiring, discipline, and firing decisions in novel and important ways.
2-Year Statute of Limitations Applies to HIV Patient’s Privacy Suit
A New Jersey appeals court recently ruled that a two-year statute of limitations applies to a claim by an HIV-positive patient asserting one of his doctors improperly disclosed his medical status to a third party without consent. The three-judge Appellate Division panel rejected arguments by the doctor that the suit should be dismissed as time-barred by the one-year statute of limitations typical of defamation claims.