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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New York City Employers: Get Ready to Comply with the Earned Safe and Sick Time Act

As a reminder, the New York City Earned Safe and Sick Time Act (“Paid Safe/Sick Leave Law”) became effective on May 5, 2018. The Paid Safe/Sick Leave Law applies to all employers with five or more employees who work more than 80 hours a year in New York City and requires employers to provide up to 40 hours (5 days) of paid safe and sick leave. Employers with less than five employees must provide unpaid sick and safe leave. In order to notify employees about their rights under the Paid Safe/Sick Leave Law, New York City employers must distribute written notice to their employees on the first day of employment or by June 4, 2018. Employers can find the new Notice of Employee Rights on the New York City Department of Consumer Affairs (“DCA”) website, available here. The DCA also provides the new notice in Spanish, Chinese and 24 other languages.

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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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DOL Issues Final Rule Establishing Paid Sick Leave for Federal Contractors

On September 29, 2016, the Department of Labor (“DOL”) issued a Final Rule implementing Executive Order 13706, which requires federal contractors and subcontractors performing work on or in connection with certain contracts to provide employees with up to 56 hours (7 days) of paid sick leave per year beginning on January 1, 2017. However, because this rule became final relatively recently, the Final Rule implementing EO 13706 could be rescinded by exercise of the Congressional Review Act (5 U.S.C. §§ 801-808), which is not subject to filibuster.

Applicability of the Final Rule

The Final Rule applies to certain new contracts and replacement contracts for expiring contracts with the federal government requiring performance in whole or in part within the United States that result from solicitations issued on or after January 1, 2017 (or that are awarded outside the solicitation process on or after January 1, 2017).

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The Emergence of Paid Sick Leave Laws

In last week’s blog entry, Lynne Anne Anderson highlighted the increasing number of states that mandate employers to provide school related unpaid leave for parents.  This week’s entry looks at another growing trend in the employee leave space, paid sick leave.  An increasing number of states and localities now provide paid sick leave. It is important that both employers and employees are aware of this trend and whether these laws apply to their locality or state.

The following states (and District of Columbia) have paid sick leave laws:

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