New Jersey Employment Law Update – May 2018

New Jersey

Discrimination Posters Updated

On April 8, 2018, the New Jersey Division on Civil Rights updated the following required workplace posters:

  • New Jersey Law Prohibits Discrimination in Places of Public Accommodation
  • New Jersey Law Prohibits Discrimination in Employment

These posters must be displayed in locations easily visible to all employees and applicants and all persons seeking or using the accommodations.

See the posters

Paid Sick Leave Enacted

On May 2, 2018, New Jersey Governor Phil Murphy signed legislation (A.B. 1827) enacting a statewide paid sick leave law. The law allows workers to accrue one hour of earned sick leave for every 30 hours worked, up to 40 hours each year. However, employers may create more generous policies that provide additional leave time.

An employee may use paid sick leave for the following:

  • Diagnosis, treatment, or recovery from a mental or physical illness or injury, or preventive care, for self or a family member.
  • Obtaining services if the employee or a family member is a victim of domestic or sexual violence.
  • Circumstances arising from a public health emergency.
  • A school-related meeting or event with regard to the employee’s child.

The law is effective October 29, 2018.

Read NJ A.B. 1827

Equal Pay Act

On April 24, 2018, New Jersey Governor Phil Murphy signed legislation (S.B. 104) amending the state’s Law Against Discrimination (LAD) and enacting the Equal Pay Act. The legislation:

  • Makes it an unlawful discriminatory act for an employer to compensate any employee who is a member of a protected class (as defined by the LAD) less than another for substantially similar work when viewed as a composite of skill, effort, and responsibility. This protection also applies to the receipt of benefits.
  • Establishes a new statute of limitations. Each time an employee is paid in furtherance of a discriminatory act, it restarts the statute.
  • Increases available damages. An aggrieved employee may obtain relief for back pay for the entire period of discrimination, up to six years.
  • Prohibits retaliation and any employment condition that requires an employee or applicant from disclosing or requesting disclosure of information regarding the job title, occupational category, compensation, and benefits.

The law is effective July 1, 2018.