New Jersey Employment Law Update – October 2018

New Jersey

2019 Minimum Wage Increase

In October 2018, the New Jersey Department of Labor and Workforce Development announced that the state’s minimum wage will increase to $8.85 per hour.

The new rate is effective January 1, 2019.

Read the press release

Temporary Disability Leave Revisions

On October 4, 2018, New Jersey Governor Phil Murphy signed legislation (A.B. 2762) revising provisions regarding temporary disability leave. The law applies to the state plan and to private plans that hold temporary disability insurance (TDI) and family leave insurance (FLI) for individuals. The law requires a private plan to provide claimants written notice of the application process for family leave benefits when it issues a written approval of temporary disability benefits. According to the governor’s statement upon signing, the law will provide for a more seamless transition between TDI and FLI benefits for pregnant individuals by requiring plans to automatically process a TDI application after the worker applies for TDI benefits for pregnancy and childbirth-related disability.

The law is effective October 5, 2019.

Read NJ A.B. 2762

Proposed Rules for Paid Sick Leave Implementation

On September 13, 2018, the New Jersey Department of Labor and Workforce Development released proposed new earned sick leave rules. The proposed new rules, which would be located at N.J. Admin. Code 12:69-1 – 12:69-3, would provide the following:

  • Definitions.
  • General provisions, penalties and fees, interest, hearings, the act’s prohibition against retaliatory personnel actions and discrimination, recordkeeping, employee notice, the method for determining independent contractor status under the act, and complaint process.
  • How employers must provide earned sick leave to employees, including accrual or advancing, use, payment, payout, and carry-over of earned sick leave, how to establish (and petition to change) a benefit year, and the circumstances under which the Commissioner may impose a benefit year on an employer.

These proposed rules are subject to a 60-day public comment period and a public hearing on them will be held on November 13, 2018. Of note, the New Jersey Paid Sick Leave Act is effective October 29, 2018.

Read the proposed rules