
John G. Geppert, Jr.
Partner
201-896-7097 jgeppert@sh-law.comFirm Insights
Author: John G. Geppert, Jr.
Date: November 21, 2018
Partner
201-896-7097 jgeppert@sh-law.comWith the New Jersey Earned Sick Leave Law having recently taken effect, the New Jersey Department of Labor and Workforce Development (NJDOL) recently published a Notice of Employee Rights, which must be distributed to workers and posted in the workplace.
As we have discussed in greater detail in prior posts, the Earned Sick Leave Law poses significant compliance hurdles for New Jersey employers. The law mandates that employers provide up to a total of 40 hours of earned sick leave every benefit year. Employees earn sick leave at the rate of 1 hour for every 30 hours worked, up to a maximum of 40 hours of leave per benefit year. Alternatively, employers can provide each employee with 40 hours of earned sick leave up front.
Under the new sick leave law, workers may use paid leave for their own qualifying need or for that of a family member. The term “family member” is defined broadly to include children, grandchildren, siblings, spouses, domestic partners, civil union partners, parents, and grandparents, as well as any individual “whose close association with the employee is the equivalent of a family relationship.” The law entitles employees to use earned sick leave in the following situations:
Under the Earned Sick Leave Law, new employees must receive the required written Notice of Employee Rights (Notice) from their employer when they begin employment, and existing employees must receive it by November 29, 2018. New Jersey employers must also post the Notice in a conspicuous and accessible place at all work sites as well as provide copies to employees upon request.
The Notice includes a blank field that requires employers to provide the start and end of their respective paid sick leave benefit year. Under the Earned Sick Leave Law, “benefit year” is defined as the period of 12 consecutive months established by an employer in which an employee shall accrue and use earned sick leave. The statute expressly provides that once the employer sets the starting date of the benefit year, it can’t be changed unless the employer notifies the Commissioner of NJDOL (Commissioner) of the change.
The Earned Sick Leave Law also mandates that employers must use the Notice in English, Spanish or any other language (a) for which the Commissioner has provided notifications and (b) which is the first language of a majority of the workforce. To date, the NJDOL has translated the Notice into 12 additional languages.
On September 13, 2018, the NJDOL published regulations to implement New Jersey’s new paid sick leave law. The regulations cover numerous provisions of the law, including the accrual, advancing, use, payment, payout, and carry-over of earned sick leave. The regulations also address violations of the sick leave law, administrative penalties and fees, recordkeeping, employee notification of their rights under the law, the method for determining independent contractor status, and the process for filing a complaint alleging a violation of the law.
A public hearing on the proposed new rules was held on November 13, 2018, at the NYDOL headquarters in Trenton. The agency will also accept comments on the proposed regulations until December 14, 2018, after which it will publish its final regulations. Accordingly, employers may not have final regulations until 2019.
Nonetheless, with the compliance deadline of October 29, 2018 having already passed, New Jersey employers should have begun their compliance efforts in earnest. Given the complexity of the law and the penalties for noncompliance, we encourage all employers to discuss the new law with experienced counsel. For assistance, contact a member of the Scarinci Hollenbeck Labor & Employment Group.
If you have any questions or if you would like to discuss the matter further, please contact me, John Geppert, or the Scarinci Hollenbeck attorney with whom you work, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
Author: Christopher D. Warren
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Author: Dan Brecher
Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]
Author: Bryce S. Robins
Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]
Author: Dan Brecher
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
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!