
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.

Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]
Author: Nicholas Wall

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall
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!