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Author: Scarinci Hollenbeck, LLC
Date: March 22, 2018
The Firm
201-896-4100 info@sh-law.comThe New Jersey Legislature is again working to enact new equal pay requirements. Like prior versions, the proposed legislation is modeled after the federal Lilly Ledbetter Fair Pay Act of 2009.
Earlier this month, the Senate Labor Committee recommended passage of the proposed New Jersey employment legislation, Senate Bill 104. It is sponsored by Sen. Loretta Weinberg, D-Bergen, and Senate President Stephen Sweeney, D-Gloucester.
SB 104 aims to strengthen protections against employment discrimination and promote equal pay for all groups protected from discrimination by the New Jersey Law Against Discrimination (NJLAD). Below are several key provisions:
New Jersey lawmakers have passed similar legislation in the past. However, Gov. Chris Christie declined to sign it, most recently objecting to the lack of a damages cap. “As I expressed previously when a similar provision reached my desk, unlimited back pay for wage discrimination clearly departs from well-established law,” Christie wrote in his veto message. “There is no reason for our law to go beyond the Lilly Ledbetter Act; the sponsors should not object to matching the federal law they so often cite as a model.”
To the contrary, Gov. Phil Murphy has signaled that pay equity is a top priority of his administration. In January, Gov. Murphy signed an executive order intended to address equal pay and gender equity at state agencies. Under Executive Order 1 (EO1), state agencies and offices are expressly banned from asking a job applicant for their past wage history or investigating the prior salaries of their applicants, unless required by law.
The Scarinci Hollenbeck Labor & Employment Group will continue to track the status of Senate Bill 104. New Jersey employers that are concerned about how the provisions may impact their operations are encouraged to consult with experienced counsel.
If you have any questions or if you would like to discuss the matter further, please contact me, Jorge R. de Armas or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
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