New Jersey Labor Law

March 14, 2014

New Jersey Employers Required by State Law to Provide Employees with Notice of Gender Equity Rights

A 2012 law amending the New Jersey Equal Pay Act requires employers with at least fifty employees to provide official notice to workers of their rights regarding gender equity under state and federal anti-discrimination and pay equity statutes. The New Jersey Department of Labor and Workforce Development (NJDOL) published final notice forms on January 6, 2014. Under the thirty-day deadline established by the 2012 law, employers had until February 5 to provide the notice to all current employees. The 2012 law does not identify a penalty for failing to meet this deadline, and the NJDOL has not stated how it will handle noncompliance. Penalties for similar regulatory infractions might offer some idea of what employers might face.

The New Jersey Assembly passed A2647, which “[r]equires employers [to] post notice of worker rights under certain State and federal laws,” on June 25, 2012, and the governor signed it into law on September 19, 2012. It did not provide a specific date for employers to comply with its requirements, but rather set a deadline of thirty days after publication of final notice forms by the NJDOL. This took place on January 6, 2014, making the initial deadline February 5. For employees hired after that date, employers must provide the notice by the end of the calendar year in which an employee was hired.

The official notice form published by the NJDOL, entitled “Right to be Free of Gender Inequity or Bias in Pay, Compensation, Benefits or Other Terms and Conditions of Employment,” outlines workers’ rights under two federal statutes and two New Jersey statutes:
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February 26, 2014

New Jersey Appellate Division Upholds State Law Prohibiting Hiring Discrimination Based on Unemployment

by Resnick Law Group, P.C.

The Appellate Division of the Superior Court of New Jersey ruled that a state law prohibiting discrimination based on unemployment did not violate employers’ First Amendment rights of free speech. New Jersey Dept. of Labor and Workforce Development v. Crest Ultrasonics, No. A-0417-12T4, slip op. (N.J. App. Div., Jan. 7, 2014). The plaintiffs alleged that the statute, N.J.S.A. §§ 34:8B-1 et seq., infringed on their free speech rights by improperly regulating the content of public job listings. The court held that the statute meets the requirements set forth by the U.S. Supreme Court for content-based restrictions on commercial speech. The ruling is excellent news for New Jersey’s workers and job seekers, many of whom have experienced lengthy periods of time without work.

Unemployment can become a catch-22 for some job seekers, as employers might be unwilling to hire someone who has been out of work for six months or more. The longer one goes without work, the harder it can be to find a job. The law, enacted by the New Jersey Legislature in 2011, seeks to address this problem by placing restrictions on advertisements in print media or on the internet for job openings within the state. Advertisements may not state that current employment is a requirement for a job, that an employer will not consider applicants who are currently unemployed, or that an employer will only consider applicants who are currently employed. The law does not, however, prevent employers from using unemployment as a criterion in their actual decision-making.

Shortly after the law took effect, the plaintiff placed a classified advertisement in the Burlington Times for a service manager position. The ad appeared on August 31, 2011 and stated that applicants for the position “[m]ust currently be employed.” The Department of Labor and Workforce Development (LWD) determined that the company had violated N.J.S.A. § 34:8B-1 and assessed a fine of $1,000. The Commissioner of the LWD affirmed the penalty in an administrative decision issued on August 17, 2012, and the company appealed the decision to the Superior Court.
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February 6, 2014

Pregnancy Now a Protected Class Under New Jersey’s Law Against Discrimination

by Resnick Law Group, P.C.

New Jersey Governor Chris Christie signed a bill into law in late January 2014 amending the New Jersey Law Against Discrimination (LAD) to include pregnancy as a protected class. The LAD has long protected employees from discrimination based on sex and disability, but it did not include pregnancy as a distinct class until now. New Jersey’s law, in addition to prohibiting discrimination and retaliation based on pregnancy or childbirth, identifies specific examples of reasonable accommodations employers should provide.

Strong protections for pregnant employees are critically important, as many women find it necessary to continue working well into their pregnancies. According to a report issued last year by the National Women’s Law Center, about two-thirds of first-time mothers worked during their pregnancies between 2006 and 2008, compared to only forty-four percent between 1961 and 1965. Of the women who worked while pregnant from 2006 to 2008, eighty-eight percent of them worked through their last two months of pregnancy, and eighty-two percent worked into the last month. Their income is also generally indispensable, as the study found that women are the primary “breadwinners” in forty-one percent of families, with more women in that role among lower-income households. The laws relating to pregnancy and employment, however, are still changing to reflect these realities.

Federal law, under Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act (PDA) of 1978, also protects against discrimination based on pregnancy. The PDA added pregnancy as a distinct type of gender discrimination. It addresses discrimination and retaliation for covered employers, but not reasonable accommodations. The Americans with Disabilities Act (ADA) applies to pregnancy discrimination, although neither the courts nor the Equal Employment Opportunity Commission (EEOC) have defined employers’ obligations to accommodate employees under this law. Only eight states, including New Jersey, specifically include pregnancy as a protected class in their anti-discrimination laws. Some cities, like New York, include it in their anti-discrimination ordinances.
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November 4, 2013

New Jersey Law Allows Victims of Domestic Violence and Sexual Crimes to Take Unpaid Work Leave

by Resnick Law Group, P.C.

A New Jersey law that is scheduled to take effect on October 1 will require public and private employers with 25 or more employees to grant job-protected leave to the victims and certain family members of sexually violent and domestic violence offenses. The New Jersey Security and Financial Empowerment Act (SAFE Act) provides workers with up to 20 days of unpaid leave in any 12-month period. Leave may be taken in order to seek medical treatment, obtain assistance from a victim services organization, seek psychological counseling, speak with an attorney, attend or prepare for court proceedings, and take specified safety actions such as relocating.

In order to utilize the provisions of the Act, an employee must have worked at least 1,000 hours during the preceding year and all leave must be used in the 12 months immediately following the reported act of violence. Where possible, workers who take leave pursuant to the SAFE Act are required to provide their employer with advance written notice. All SAFE Act leave must be taken in increments of one day and any leave must be taken concurrently with leave requested under the New Jersey Family Leave Act and the federal Family and Medical Leave Act where applicable. Additionally, a New Jersey employer may request documentation related to the act of violence. Such documentation must be maintained in a confidential manner and may not be disseminated without the express written permission of the employee.

The provisions of the SAFE Act prohibit an employer from harassing, terminating, discriminating against, or engaging in retaliation against a worker who takes leave under the new law. If an employer violates this requirement, a worker may file a civil lawsuit against the company within one year of the alleged incident. An employee who suffered discrimination or retaliation for taking leave pursuant to the SAFE Act may be eligible to receive compensation for lost wages and benefits, emotional distress, attorney’s fees, and other damages. In addition, an employer who violates the Act may be subject to a significant civil fine.
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April 19, 2013

New Jersey Legislature Passes Bill Protecting Employees’ Social Media Accounts from Employer Scrutiny

by Resnick Law Group, P.C.

The New Jersey Legislature passed a bill in March 2013 that, if signed by the Governor, will be one of the strongest laws in the country protecting employees against online snooping by employers. Some employers have taken to requesting passwords or other access to social media accounts like Facebook from their employees, or as part of the job application process. At least five other states already have laws prohibiting employers from requiring employees to provide their passwords to their social media accounts. More than half of all U.S. states are reportedly considering such legislation.

The bill, A2878, was introduced in the New Jersey General Assembly on May 10, 2012, and first passed the Assembly on June 25. The New Jersey Senate passed an amended version of the bill, by a vote of 28-0, in October. The Assembly then passed the amended bill, with seventy-five voting in favor and two voting against, on March 21, 2013. The final bill applies to all employers in the state except for state and local law enforcement agencies. Earlier drafts also governed educational institutions.

Employers, the bill states, may not “require or request” any passwords or other form of access to an employee’s or job applicant’s personal social media or email accounts. It further prohibits employers from requiring employees or job applicants to disclose whether or not they have personal accounts on social media sites. An earlier version of the bill would have barred employers from even asking if an employee or applicant has such an account. Employers may not require a person to waive any of the protections of this bill as a condition of hiring, and they may not retaliate against an employee for exercising any rights guaranteed by the bill.
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December 21, 2012

Employee Social Media Rights Addressed by New Jersey Lawmakers

by Resnick Law Group, P.C.

Employment law attorneys in
New York and New Jersey note a bill passed in the New Jersey Senate recently (A2878), which would forbid companies from requesting access to employees’ or applicants’ online social media accounts, including Facebook and Twitter. In addition, the legislation goes further by preventing employers from even asking if an employee or applicant has an account or profile on a particular social media site.

Companies could face the prospect of a $1,000 or $2,500 fine depending on if it is a first or second offense, and employees or prospective employees could sue for damages in the event they are denied employment or promotion because of an employer’s prying into social media content. Law enforcement agencies would be exempt from these regulations.Employers are also prohibited from asking candidates to waive protection under the bill as a condition of an offer of employment, and retaliation is prohibited for refusing to provide passwords, reporting a violation of the bill, or participating in an investigation of a violation.

The bill had bipartisan support, and Republican sponsor Senator Kevin O’Toole explained his support, saying, “Social networking users have the right and freedom to use their accounts to share private messages with family and friends, express their religions and sexual preferences, and post images and videos with family and friends.” O’Toole went on to say that employers have many tools during the job application process to evaluate potential employees for their qualifications for employment.

Another sponsor, Republican Senator Diane Allen, made an analogy to the right to privacy people have in their homes and with physical mail. Many privacy and employee rights advocates have also questioned why employers would have greater access to personal information about an employee or applicant simply because it is posted on an online social media network.

While labor attorneys who represent large businesses are saying that the practice of asking for social media passwords is not widespread and the bill is unnecessary, legislation such as this has become increasingly common to protect employee rights. Maryland and Illinois have passed similar laws.

Granting employers and potential employers access to social media accounts can lead to a host of information being discovered that can be used to discriminate against an employee or candidate for employment, from discovering that an employee or candidate is pregnant, learning of health conditions, to simply learning the employee or candidate’s age or marital status.

The proposal banning employers from requiring that New Jersey employees or applicants disclose social media log-in information is in the Assembly for concurrence and would then need to go to Governor Chris Christie for his signature.
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December 16, 2011

New Jersey Workers’ Wages Explained, Violations Commonplace

by Resnick Law Group, P.C.

While most are familiar with the minimum wage, some people may not realize that New Jersey law provides guidelines and protection regarding the wages employees get paid, how much they make in overtime and when they may be forced to work overtime.

Lawmakers have amended the law many times to provide protections for employees and employers and set up guidelines and regulations for each to follow. The law addresses questions about minimum wage, farm labor, the employment of minors, public contracts and other areas of employment law in New Jersey.

According to the Department of Labor and Workforce Development, there are many laws on the books that mandate the minimum amount of money a person should make, when they should make overtime and how that’s paid. Other wage-related issues are also addressed.

New Jersey Employment Lawyers have, for decades, represented workers who have been shorted wages, not been paid overtime in accordance with the law and faced other unlawful actions or behaviors in the workplace. We are available to discuss your case today.Minimum Wage:

The minimum wage in New Jersey is $7.25 per hour and has been that rate since July 24, 2009. It has increased from $5.05 per hour in 1992 to the current rate. That is the minimum rate a person should be paid and they should receive time and a half the employee’s rate for working more than 40 hours in a week.

This wage isn’t applicable to part-time employees primarily engaged in the care and tending of children in the home of the employer, to people under 18 who don’t have a special vocational school graduate permit or to people who sell motor vehicles, outside salesmen and saleswomen or people who volunteer for nonprofit groups.

Fringe benefits: Many employers in New Jersey offer health benefits coverage to their employees as an incentive to attract and retain qualified employees.

The legislature has found that it is a disservice to workers not to require that an employer provide prior notification to its employees when the employee health benefits plan will be terminated, for whatever reason. The law requires 30 days’ notice if a plan will be terminated.

Mandatory overtime: New Jersey law establishes rules for health care employees, such as nurses and doctors, including that they shouldn’t be forced to work more than 40 hours per week. However, in cases of “unforeseeable emergency circumstances” when overtime is required only as a last resort, the employee can be asked to work.

Other health care employees may be asked to work “mandatory overtime” in cases when there is “chronic short staffing,” but it should be voluntary. The refusal to accept overtime work cannot be grounds for “discrimination, dismissal, discharge or any other penalty or employment decision adverse to the employee.”

However, in case of an emergency situation, when overtime is a last resort or if the employer has tried other efforts to staff, overtime may be mandatory. The employer is required to provide up to one hour to arrange for the care of minor children, or elderly or disabled family members.
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December 5, 2011

Specified New Jersey Workers and Their Rights

by Resnick Law Group, P.C.

New Jersey Employment Lawyers have written a series of blogs that help explain how the law in New Jersey applies to the worker and the company.

New Jersey law affords many protections to workers so they aren’t subjected to workplace discrimination or retaliation, and their wage and hour rights are not violated. The law states that a person can’t face discrimination based on any of the following reasons:

race, creed, color, national origin, nationality, ancestry, age, sex, familial status, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, liability for military service and mental or physical disability, perceived disability and AIDS and HIV status

The New Jersey Department of Labor and Workforce Development lays out information about how workers can be treated and guidelines that employers must legally follow.

Employment of Minors: Child labor laws were established in the United States in the early 20th Century, but federal agencies note that hundreds of thousands of children are employed as farm workers in this country to this day.

Outside of school, on vacation or during other breaks, children between 14 and 16 are allowed to work.

For minors under 18, they aren’t allowed to work more than six straight days or for more than 40 hours in one week/eight hours in a day. They aren’t allowed to work before 7 a.m. or after 7 p.m., except in a restaurant, supermarket or other retail establishment. The law goes on to list specific examples of jobs that can require extended hours for teen workers.

Farm Labor: The Seasonal Farm Labor Act regulates how seasonal farm workers must be treated and sets up the boundaries for workers.

For instance, a farm workers can’t be fired, suspended, demoted, transferred or otherwise penalized for exercising their rights through laws in New Jersey or established by the federal government. Employers, or “crew leaders,” as defined by the law, can face fines and other penalties if they violate the law.

Drinking water, toilets and hand washing stations should be furnished in the field for workers.

Apparel Industry: The apparel industry is defined as work regarding sewing, cutting, making, assembling or producing apparel intended to be worn by a consumer and sold at retail shops.

These businesses must be registered with the state and manufacturers and contractors must keep accurate records about employees, including:

Names and addresses of each production employee and the age of every production employee who is a minor
The number of hours of work and the time of day work begins and ends for production employees
The wages, wage rates and piece rates paid during each payroll period
Contract worksheets indicating the price per unit agree between manufacturer and contractor

Those who violate the terms and conditions of the law can be subjected to fines of up to $4,000 and the company can be subjected to suspension for a period of time. It is good to know that employees throughout New Jersey have specific protections for their industry, but violations still occur. They must be explored by an experienced and aggressive New Jersey Employment Lawyer as soon as possible to protect your rights and to prevent the rights of future employees from being violated. .
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August 29, 2011

Youth Unemployment in New Jersey, Nationwide On the Rise

by Resnick Law Group, P.C.

As the school year starts, many teens will be leaving summer jobs to go back to school. But for many others, they are still seeking employment in order to save for college or pay bills.

The U.S. Department of Labor Bureau of Labor Statistics reports unemployment among young people increased by 745,000 between April and July — the July employment rate was the lowest on record for teens since the agency began keeping track in 1948.This trend appears to show that adults are taking jobs that teens would be more likely to have as the economy is slow to recover. But it also serves as a warning that parents and teens should be aware of child labor laws in New Jersey.

The youth labor force is classified as people 16 to 24 who are working or actively looking for work. April to July is the time when this segment of the labor force grows sharply because many high school and college students are out of school and graduates are looking for full-time work. It’s also legal for 14 and 15 year olds to work under strict guidelines and with careful supervision.

The bureau reports that unemployment among teens grew from 571,000 last year to 745,000 this year.

Perhaps one of the biggest factors why teens were less able to find work this year is that many adults have resorted to taking jobs normally reserved for teenagers. With our state’s unemployment at 9.5 percent in July, according to the bureau, many people are scrambling to take any work they can get.

So, the ice cream shops, shoreline hospitality jobs and other work that tends to peak during the summer may have been snatched up by older workers. This can result in teens taking jobs for which they are less suited — or not reporting dangerous working conditions or other work safety violations for fear of losing a job.

These are adult concerns for sure, since everyone has the right to a safe work environment. But child labor laws have been specifically written to protect our youngest workers. In addition to state child labor laws specific to New York and New Jersey, federal child labor laws include:

-Work limits during school hours.

-Hour limits per day and per week.

-Limits regarding work in manufacturing, mining and processing operations.

-Limits involving the operation of machinery.

-Regulations regarding riding in motor vehicles.

-Loading and unloading rules and regulations.

In general, work options for those ages 14 and 15 are severely limited. While those ages 16 and 17 have more options. There are also any number of regulations involving participation in work-study programs, after-school programs and working in agriculture.
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