New Jersey Governor Phil Murphy signed a bill into law on Wednesday that will require employers throughout the state to allow nearly all employees to accrue paid sick leave, Matt Arco and Brent Johnson report at NJ.com:
The law—which takes effect in six months—will require employers in the state to offer workers one hour of sick leave for every 30 hours they’ve worked. Workers can use up to 40 hours of sick leave a year. Many companies in the state do offer paid sick leave. But about 1.2 million workers — about one-third of New Jersey’s workforce — still don’t have access. …
Under the law (A1827), time off may be used because the employee or a family member are ill, to attend a school conference or meeting, or to recover from domestic violence. The law allows employers to black out certain dates that can’t be taken off and exempts per-diem hospital employees and construction workers under contract.
As reported when the bill first passed the state Assembly in March, employees begin to accrue this time as soon as they start a new job but are not eligible to use it until the 120th calendar day of their employment. Employers with all-purpose paid time off policies are considered compliant with the law as long as their employees’ PTO accrues at a rate equal to or greater than that mandated by the law.
New Jersey’s state legislature on Monday passed what supporters are calling the strongest pay equity legislation yet enacted by any state in the US, NorthJersey.com’s Catherine Carrera and Nicholas Pugliese report:
The bill passed Monday, A-1, would allow victims of discrimination to recoup up to six years’ worth of back pay, up from two under current law. Damages that are proved could be tripled, and the bill would permit lawsuits not just by women but by any group covered under the state’s Law Against Discrimination, such as racial or sexual minorities.
It would also give employees a better chance at prevailing in pay discrimination cases, said Andrea Johnson, senior council for state policy at the National Women’s Law Center. Workers would have to prove they are being paid unfairly for “substantially similar” work, a change from the existing standard of “equal pay for equal work.”
“There are a lot of courts that have interpreted equal work in a very narrow way to mean basically identical work,” Johnson said. “So there’s some language added to the law just to make sure that courts are doing a deeper analysis into the justification. We see too many cases thrown out for reasons that actually might be sex-based.”
The Diane B. Allen Equal Pay Act, named after a recently retired Republican state senator who experienced age and gender discrimination during her career in broadcast journalism, passed the state Senate unanimously and the Assembly 74–2, with two Morris County Republicans voting against it. Assemblymen Michael Patrick Carroll, one of the two “no” votes, said it would lead to endless litigation.
Medical or recreational marijuana use is being decriminalized or legalized in a growing number of US states. In 2016, voters in California, Maine, Massachusetts, and Nevada passed referenda legalizing the recreational use of the drug, while Arkansas, Florida, Montana, and North Dakota either introduced or expanded policies legalizing it for medical purposes.
Last week, Vermont became the first state to legalize the possession and consumption of recreational marijuana through the legislative process, though the commercial sale of the drug remains prohibited (residents are allowed to grow up to six plants for personal use). At Lexology, Vorys Sater Seymour and Pease attorney Michael C. Griffaton notes that Vermont’s law, which comes into effect July 1, does not require employers to permit the use of marijuana in the workplace or on their premises and “does not create a cause of action against an employer that discharges an employee for violating a policy that restricts or prohibits the use of marijuana.”
New Jersey may follow in Vermont’s footsteps this year. The Garden State has had a medical marijuana law on the books since 2010, but former governor Chris Christie, a staunch opponent of legalization who came into office shortly after that law was passed, took action to limit its applicability, such as tightening restrictions on what medical conditions qualified for a medical marijuana prescription. Newly-elected governor Phil Murphy, who campaigned on a promise to liberalize the state’s marijuana policies, took the first step in that direction last week with an executive order aimed at easing the regulations imposed by his predecessor, the New York Times reported.
Murphy has indicated that he is in favor of legalizing recreational marijuana as well, which he believes would help combat the ills of mass incarceration and racial bias in the criminal justice system. Earlier this month, New Jersey Senator Nicholas Scutari introduced a bill in the state Senate that would legalize the possession and personal use of limited amounts of marijuana and establish a regulatory body to control its legal sale and taxation in the state. The bill also addresses employers’ concerns about marijuana use in the workplace, attorneys from the law firm Porzio Bromberg & Newman explain at Lexology:
In his first official act since taking office on January 16, New Jersey Governor Phil Murphy has issued an executive order barring state entities from asking job candidates for their salary histories. Murphy’s order is the beginning of what he says will be a series of efforts to address gender pay disparities in the state, Porzio Bromberg & Newman attorneys Kerri A. Wright, David L. Disler, Richard H. Bauch, and James H. Coleman, Jr., report at Lexology:
The Executive Order is scheduled to take effect on February 1, 2018. It prohibits State entities from inquiring into a job applicant’s current or previous salaries, until the entity has made a conditional offer of employment and provided its compensation package. It further prevents the employer from searching public records databases to ascertain an applicant’s salary history and requires the employer to take all reasonable measures to avoid inadvertently discovering a potential employee’s salary history. However, nothing in the law prevents job applicants from volunteering previous compensation information, at which point, public entities may verify this information.
The order only affects institutions under the direct control of the executive branch of New Jersey’s state government—i.e., those over which Murphy himself presides—as only legislative action can institute a broader prohibition. Local governments and private employers are not affected. However, Murphy said the order was his “first meaningful step towards gender equity and fighting the gender pay gap,” and that he intends to sign legislation that would ban salary histories throughout the state.