Tag Archives: New Jersey

NEW GUIDANCE — New Jersey Publishes FAQs Regarding Paid Sick Leave Law

On October 29, 2018, the New Jersey Paid Sick Leave Law goes into effect.  In anticipation of this new law, on October 24, 2018, the New Jersey Department of Labor and Workforce Development (NJDOL) issued a list of frequently asked questions  relating to the new paid sick leave law.  This new guidance follows the NJDOL’s release of proposed paid sick leave regulations and the New Jersey Earned Sick Leave poster.

While much of the guidance provided restates information set forth in the proposed regulations or in the statute,  the newly issued FAQs clarify some open questions including (Note, the below are taken verbatim from the FAQs):

II. EMPLOYEES COVERED/NOT COVERED BY THE LAW

5. Is an employee who works both within New Jersey and outside of New Jersey entitled to receive earned sick leave? Continue reading NEW GUIDANCE — New Jersey Publishes FAQs Regarding Paid Sick Leave Law

NEW LAW: New Jersey’s Minimum Wage to Increase January 1, 2019

New Jersey employers, mark your calendars: The New Jersey Department of Labor and Workforce Development recently announced that on January 1, 2019, New Jersey’s minimum wage will increase from $8.60 to $8.85 per hour. The minimum wage rate for tipped employees will remain at 2.13 per hour.

It is recommended that all New Jersey employers prepare for these increases and download the new New Jersey minimum wage poster.

NEW POSTER: New Jersey Department of Labor and Workforce Development Issues New Paid Sick Leave Mandatory Poster

On October 3, 2018, the New Jersey Department of Labor and Workforce Development published the required New Jersey paid sick leave law poster in English (other languages will be available soon).

This new poster includes information regarding the state’s new paid sick leave law.

This poster must be posted “in a conspicuous place” at the employer’s premises “where notices to employees and applicants for employment are customarily posted.”

In addition to the posting requirements, employers are required to provide employees with a copy of this poster at the following times:

  • Within 30 days of October 3, 2018 (the date it was issued by the NJDOL),
  • At the time of hiring (if the employee is hired after the notice is issued), and
  • The first time an employee requests a copy of the notice.

Employees can be provided with a hard copy of the notice or it may be distributed via email.

It is recommended that all New Jersey employers do the following as soon as possible:

  • Post this new poster in their workplace
  • Distribute the notice to all employees.

NEW FORMS: New Jersey Publishes Equal Pay Data Reporting Forms

Last month, New Jersey’s Diane B. Allen Equal Pay Act went into effect. This law amended the New Jersey Law Against Discrimination by making it a prohibited employment practice for an employer to compensate an employee who is a member of a “protected class” less than the amount paid to employees who are not members of that protected class for “substantially similar work, when viewed as a composite of skill, effort, and responsibility.”

Among other things, the law also imposes pay reporting requirements on employers that contract with a public body to provide “public work” or other “qualifying services.”  To help affected employers comply with these reporting requirements, the New Jersey Department of Labor and Workforce Development recently published the mandatory reporting forms (the Payroll Certification for Public Works Projects form and the Annual Equal Pay Report for Qualifying Services Other than Public Works Projects form) employers must use to comply with these new reporting requirements. Instructions for completing both forms were also published.

NEW LAW: New Jersey Enacts Sick Leave Law

On May 2, 2018, New Jersey enacted a mandatory sick leave law which will apply to all private employers, regardless of employee count. The new law will take effect on October 29, 2018 and will require employers to provide 40 hours of paid sick leave per year to eligible employees. New Jersey employers should start preparations now to comply with this law as it will likely have a significant effect on their existing sick leave and PTO benefits plans.

Effective Date

October 29, 2018.

Employees Who Qualify for Sick Leave

All employees working in the state “for compensation” must be provided with paid sick leave.

The law specifically excludes employees in the construction industry subject to a collective bargaining agreement, per diem health care employees, and public employees who already receive sick leave benefits under another state law.

Employers Who Must Provide Sick Leave Continue reading NEW LAW: New Jersey Enacts Sick Leave Law

NEW LAW — New Jersey Law Against Discrimination Prohibits Discrimination Against Breastfeeding Employees

On January 8, 2018, New Jersey Governor Chris Christie signed A2294 into law.  This bill amends the New Jersey Law Against Discrimination (NJLAD) to include breastfeeding to the list of protected classes under the NJLAD.

With this amendment, which went into effect on January 8, 2018, employers are expressly prohibited from engaging in the following conduct:

  • Refusing to hire breastfeeding applicants;
  • Firing an employee because she is breastfeeding or otherwise discriminating against a breastfeeding employee in compensation and other terms, conditions, or privileges of employment; and
  • Treating female employees you know or should know are “affected by breastfeeding” less favorably (e.g. with respect to workplace accommodation and leave policies) than employees not so affected but similar in their ability or inability to work.

In addition to the foregoing, employers are required to provide breastfeeding employees with reasonable accommodation, including a reasonable break time each day and a private location near the work area (but not a toilet stall) for the employee to express breast milk for her child – unless the employer can demonstrate that providing the accommodation would impose an “undue hardship” on the business.

Under the NJLAD, whether an accommodation is considered an undue hardship is determined by the following factors:

  • The overall size of your business with respect to the number of employees, number and type of facilities, and size of the budget;
  • The type of your operations, including the composition and structure of your workforce;
  • The nature and cost of the accommodation, taking into consideration the availability of tax credits, tax deductions, and outside funding; and
  • The extent to which the accommodation would involve waiver of an essential requirement of a job as opposed to a tangential or non-business necessity requirement.

This is a high standard to meet.

Take home for employers

Since this law went into immediate effect, New Jersey employers should verify that their current employment policies and practices relating to breastfeeding employees are compliant with the new law.

2018 MINIMUM WAGE CHECK-UP

With various cities and counties having enacted local minimum wages and 18 states (Alaska, Arizona, California, Colorado, Florida, Hawaii, Maine, Michigan, Minnesota, Montana, Missouri, New Jersey, New York*, Ohio, Rhode Island, South Dakota, Vermont, Washington) are increasing their own minimum wages on January 1st (December 31st for New York), employers should take time to verify that they are meeting the minimum wage requirements of their state/city/county.

The below chart sets forth the minimum wage effective January 1, 2018.

employer PAYS $1.50/hr towards medical benefits$11.91

Federal $7.25
State City/County  Amount?
Alabama  $7.25
Alaska*  $9.84
Arizona* — all cities/counties except …  $10.50
Flagstaff* $11.00
Arkansas  $8.50
California* — all cities/counties except …                                  small employer (25 or less) $10.50
large employer (26 or more) $11.00
Berkeley  $13.75
Cupertino* $13.50
El Cerrito*  $13.60
Emeryville                                           small employer (55 or less) $14.00
large employer (56 or more) $15.20
Los Altos* $13.50
Los Angeles                                         small employer (25 or less) $10.50
large employer (26 or more) $12.00
Malibu                                                  small employer (25 or less) $10.50
large employer (26 or more) $12.00
Milpitas* $12.00
Mountain View* $15.00
Oakland $12.86
Palo Alto* $13.50
Pasadena                                             small employer (25 or less) $10.50
large employer (26 or more) $12.00
Richmond*                                             employer does NOT pay $1.50/hr towards medical benefits $13.41
employer PAYS $1.50/hr towards medical benefits $11.91
Sacramento*                                      small employer (100 or less) $10.50
large employer (101 or more) $11.00
San Diego $11.50
San Francisco $14.00
San Jose* $13.50
San Leandro $13.00
San Mateo*                                                 For-profit organizations $13.50
Non-profit organizations $12.00
Santa Clara* $13.00
Santa Monica                                       small employer (25 or less) $10.50
large employer (26 or more) $12.00
Sunnyvale* $15.00
Los Angeles County                            small employer (25 or less)

unincorporated areas                            large employer (26 or more)

$10.50

$12.00

Colorado* $10.20
Connecticut $10.10
Delaware $8.25
Florida* $8.25
Georgia $7.25
Hawaii* $10.10
Idaho $7.25
Illinois — all cities/counties except … $8.25
Chicago $11.00
Cook County

(except for the Village of Barrington)

$10.00
Indiana $7.25
Iowa $7.25
Kansas $7.25
Kentucky $7.25
Louisiana $7.25
Maine* — all cities/counties except … $10.00
Portland $10.68
Maryland — all cities/counties except … $9.25
Montgomery County $11.50
Prince George’s County $11.50
Massachusetts $11.00
Michigan* $9.25
Minnesota* — all cities/counties except … “small employers” (employers with an annual sales volume of less than $500,000) $7.87
“large employers” (employers with an annual sales volume of $500,000+) $9.65
Minneapolis                                         large employer (101 or more) $10.00
Mississippi $7.25
Missouri $7.85
Montana* $8.30
Nebraska $9.00
Nevada $8.25
New Hampshire $7.25
New Jersey* $8.60
New Mexico — all cities/counties except … $7.50
Albuquerque*                                             employer provides benefits $7.95
employer does NOT provide benefits $8.95
Las Cruces* $9.45
Santa Fe $11.09
Bernalillo County*unincorporated areas                                             employer provides benefits $7.85
employer does NOT provide benefits $8.85
Santa Fe County unincorporated areas $11.09
New York**  “Upstate” employers (excluding fast food employees) $10.40
“Downstate” employers (excluding fast food employees) $11.00
“Small” NYC employers (excluding fast food employees $12.00
Fast food employees outside NYC $11.75
“Large” NYC employers (excluding fast food employees) $13.00
Fast food employees inside NYC $13.50
North Carolina $7.25
North Dakota $7.25
Ohio* $8.30
Oklahoma $7.25
Oregon — all cities/counties except … $10.25
Portland $11.25
Nonurban Counties 

(Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klmath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa Wheeler counties)

$10.00
Pennsylvania $7.25
Rhode Island* $10.10
South Carolina $7.25
South Dakota* $8.85
Tennessee $7.25
Texas $7.25
Utah $7.25
Vermont* $10.50
Virginia $7.25
Washington* — all cities/counties except … $11.50
City of SeaTac* (hospitality and transportation workers) $15.64
Seattle* $14.00
small employer who does not pay towards medical benefits

(500 or less)

small employer who does pay towards medical benefits

(500 or less)

$11.50
large employer who does not pay towards medical benefits

(501 or more)

$15.00
large employer who does pay towards medical benefits

(501 or more)

$15.45
Tacoma* $12.00
Washington DC $12.50
West Virginia $8.75
Wisconsin $7.25
Wyoming $7.25
 * = increase in minimum wage effective January 1, 2018

** = increase in minimum wage effective December 31, 2017

 

Caveat: Please be advised that this information is being provided as a courtesy and that ePlace Solutions, Inc. does not track local laws and ordinances and will not update this information with changes in local laws and ordinances.

 

 

NEW LAW: New Jersey’s Minimum Wage to Increase January 1, 2018

New Jersey employers, mark your calendars: The New Jersey Department of Labor and Workforce Development recently announced that on January 1, 2018, New Jersey’s minimum wage will increase from $8.44 to $8.60 per hour. The minimum wage rate for tipped employees will remain at 2.13 per hour.

It is recommended that all New Jersey employers prepare for these increases and download the new New Jersey minimum wage poster.

NEW LAW – Scope of New Jersey’s Law Against Discrimination Expanded to Include Military Members

On August 7, 2017, New Jersey Governor Chris Christie signed New Jersey Senate Bill S726 into law.  This new law, which went into effect on August 7, 2017, amends the New Jersey Law Against Discrimination and expands its scope to prohibit all forms of discrimination against members of the Armed Forces and veterans.

It is recommended that all New Jersey employers review their practices towards military members and veterans and verify that those practices comply with the amended New Jersey Law Against Discrimination.

New Jersey Salary History Bill Vetoed By Governor

New Jersey employers can breathe a sigh of relief.  Governor Chris Christie recently vetoed legislation (A3840/S2536) which would have prohibited employers from inquiring about applicants’ salary histories.

Impact on Employers

New Jersey employers are still able to:

  • Inquire about salary history, including compensation and benefits, of a job applicant during the hiring process;
  • Screen a job applicant based on the applicant’s wage history, including by requiring that an applicant’s prior wages, salaries or benefits satisfy any minimum or maximum criteria;
  • Rely on an applicant’s salary to determine a salary amount for the applicant at any stage in the hiring process, including finalizing an employment contract.