New Jersey Expands Employment Protections to Medical Marijuana Users

New Jersey recently joined a growing number of states, including Arizona, Arkansas, Connecticut, Delaware, Illinois, Maine, Massachusetts, Minnesota, Nevada, New York, Oklahoma and Rhode Island, that afford certain job protections to employees and applicants who use medical marijuana.

On July 2, 2019, New Jersey Governor Phil Murphy signed the Jake Honig Compassionate Use Medical Cannabis Act into law, which significantly amended and expanded the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:61-2 et seq.

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New Jersey Expands Family Leave Law and Benefits

On February 19, 2019, New Jersey Governor Phil Murphy signed into law legislation that amends and significantly expands New Jersey’s Family Leave Act (NJFLA), Temporary Disability Benefits Law, and the Security and Financial Empowerment (NJ SAFE) Act. Some of the changes are effective immediately, while others will take effect at a later date. Below are some of the highlights from the recent amendment.

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New Jersey Department of Labor Releases Required New Jersey Paid Sick Leave Poster and Proposed Paid Sick Leave Regulations

The New Jersey Paid Sick Leave Act (NJPSLA) takes effect on October 29, 2018. For information about the law’s provisions, please see our prior blog. The New Jersey Department of Labor and Workforce Development (NJDOL) also released an FAQ regarding the new law, as well as proposed regulations in connection with the law and the required notice that employers must post in the workplace and provide to all New Jersey employees.

The NJDOL released the notice on October 3, 2018.  Employers can find a copy of the notice on the NJDOL’s website. A New Jersey employer is required to post the notice in a conspicuous place that is accessible to all employees in each of the employer’s locations. Employers must also (1) provide all employees with the notice by November 29, 2018; (2) provide all subsequently hired employees with the notice at the time of hiring; and (3) provide every employee with the notice upon his or her first request. Employers do not have to obtain signed acknowledgments from employees indicating that they have received the notice, but employers may wish to do so to avoid disputes over whether they have satisfied this requirement.

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New Jersey Paid Sick Leave Law Becomes Effective on October 29, 2018

In May 2018, New Jersey Governor Phil Murphy made good on a campaign promise when he signed into law the New Jersey Paid Sick Leave Act (the “Act”). New Jersey is one of ten states that require employers to provide paid sick leave, joining Arizona, California, Connecticut, Maryland, Massachusetts, Oregon, Rhode Island, Vermont, and Washington.

Before the state passed the Act, more than a dozen New Jersey municipalities had enacted their own paid sick leave laws, creating confusion for employers conducting business throughout New Jersey. The Act now preempts these local laws and bars municipalities from passing their own paid sick leave laws. The preemption aspect of the Act is welcome news for employers because they will only have to comply with the Act, rather than a patchwork of local laws. Here are some important components of the Act that employers should be aware of before its effective date on October 29.

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Legislative Alert: New Jersey on A Fast Track to Ban Waivers of, and NDAs relating to, Employment Discrimination, Harassment and Retaliation Claims

In the wake of the #MeToo movement, a number of states are considering legislation that would limit an employer’s ability to use non-disclosure agreements (“NDAs”) when settling sexual harassment claims. New York was the first state to enact such legislation, which was passed as part of a wide-ranging budget bill that takes effect July 11, 2018. New York’s law bans non-disclosure provisions in settlements of claims involving sexual harassment allegations, unless confidentiality is the “complainant’s preference,” provided some onerous procedures are complied with. Washington State passed a similar law. Arizona, California, and Pennsylvania are also considering legislation to restrict the use of NDAs.

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Paid Sick Leave Law in Morristown, New Jersey Became Effective on January 11, 2017

This Ordinance, which was passed in September 2016, requires employers in Morristown, New Jersey to provide a certain amount of paid sick time per year depending on the size of the employer. Generally, employees who work more than 80 hours a year in Morristown will be covered under this Ordinance. The Morristown Ordinance is the 13th local paid sick leave ordinance enacted within New Jersey, following similar ordinances in the towns and cities of Bloomfield, East Orange, Elizabeth, Irvington, Jersey City, Montclair, Newark, New Brunswick, Passaic, Paterson, Plainfield, and Trenton.

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