Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: September 22, 2015
The Firm
201-896-4100 info@sh-law.comUnder the newest of a succession of Executive Orders, workers employed by federal contractors will earn a minimum of one hour of paid sick leave for every 30 hours worked.
As with many state and municipal sick leave laws, the Executive Order permits workers to use paid sick leave to care for themselves, a family member, such as a child, parent, spouse, or domestic partner, or another loved one, as well as for absences resulting from domestic violence, sexual assault, or stalking. The new requirements will become effective in 2017.
In support of the policy change, the White House noted that an estimated 44 million private sector workers – about 40 percent of the total private-sector workforce – do not have access to paid sick leave. As a result, the Administration argues that many workers must choose between caring for themselves or an ill family member and earning a paycheck.
The White House did not attempt to tally the anticipated cost impact of the new sick leave requirements. However, it did claim that providing paid sick leave has been shown to improve the health and performance of employees. This is a typical argument previously made by other government entities to justify the imposition of such requirements without any attempt at demonstrating the basis of such assertion.
President Obama has used his Executive authority to justify the unilateral imposition of employment policies upon federal contractors at times when he lacks political support to enact legislation on a more broad basis. As previously discussed on this blog, the President has used Executives Orders to prohibit workplace discrimination based on sexual orientation or gender identity, raise the minimum wage, and increase the number of workers eligible for overtime. It has been argued that this backdoor circumvention of the Constitution is unlawful. Indeed, when George W. Bush was in office, the then-Senator Obama criticized that President’s use of Executive Orders, saying, “There is no shortcut to politics, and there’s no shortcut to democracy.”
In his Labor Day speech announcing the Executive Order, President Obama also called on Congress to pass the Healthy Families Act, which would require all employers with 15 or more employees to offer up to 7 paid sick days each year. The President also voiced his support for states and cities that have enacted their own paid sick leave laws.
In New Jersey, lawmakers have currently tabled statewide sick leave legislation as they recognize that they cannot currently override Governor Christie’s anticipated veto. In the meantime, more than a dozen municipalities, including Newark, Jersey City, Paterson, Trenton and East Orange, have enacted their own paid sick leave ordinances which have created a hodgepodge of inconsistent compliance requirements for New Jersey employers.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]
Author: Bryce S. Robins
Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]
Author: Matthew F. Mimnaugh
Special purpose acquisition companies (better known as SPACs) appear to be making a comeback. SPAC offerings for 2025 have already nearly surpassed last year’s totals, with additional transactions in the pipeline. SPACs last experienced a boom between 2020–2021, with approximately 600 U.S. companies raising a record $163 billion in 2021. Notable companies that went public […]
Author: Dan Brecher
Merging two companies is a complex legal and business transaction. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process that involves important corporate governance considerations. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process. However, […]
Author: Dan Brecher
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
Author: Brian D. Spector
Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]
Author: Christopher D. Warren
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!