Discrimination

As discussed earlier, the toughest wage theft statute in this country was signed into law this year by Acting Governor Sheila Oliver. The New Jersey Wage Theft Act amends three existing statutes which address employee wages and numerous New Jersey criminal statutes. The drafting of the various provisions of the NJ Wage Theft Act is complex and time will how one or more of the new amendments will affect the others. The three amended statutes effected by this Act are: 1) N.J.

Earlier this year, the US Senate introduced a bill, S.485, Protecting Older Workers Against Discrimination Act (POWADA). This bill amends the Federal Statute, the Age Discrimination in Employment Act (ADEA) of 1967 which would make it easier for age discrimination plaintiffs to prevail in lawsuits brought under the ADEA. This bill’s intent is to establish that it is an unlawful employment discrimination practice when the plaintiff demonstrates that age or participation in investigations, proceedings, or litigation under such Act was a motivating factor for any unlawful employer’s action, even if factors other than the age, or  participation in investigations etc., also motivated the employer’s action against the employee.

If you are a Covered Employee under NJ’s Earned Sick Leave Law, you may be paid for time off for certain situations which address domestic or sexual violence against yourself or a family member, including counseling sessions and attending court proceedings, and for attending required meetings or conferences called by your child’s teacher or school administrator.

Permitted usage of earned sick leave is as follows:

§ 34:11D-3 a). An employer shall permit an employee to use the earned sick leave accrued pursuant to this act for any of the following:

(1) time needed for diagnosis, care, or treatment of, or recovery from, an employee’s mental or physical illness, injury or other adverse health condition, or for preventive medical care for the employee;

(2) time needed for the employee to aid or care for a family member of the employee during diagnosis, care, or treatment of, or recovery from, the family member’s mental or physical illness, injury or other adverse health condition, or during preventive medical care for the family member;

(3) absence necessary due to circumstances resulting from the employee, or a family member of the employee, being a victim of domestic or sexual violence, if the leave is to allow the employee to obtain for the employee or the family member: medical attention needed to recover from physical or psychological injury or disability caused by domestic or sexual violence; services from a designated domestic violence agency or other victim services organization; psychological or other counseling; relocation; or legal services, including obtaining a restraining order or preparing for, or participating in, any civil or criminal legal proceeding related to the domestic or sexual violence;

(4) time during which the employee is not able to work because of a closure of the employee’s workplace, or the school or place of care of a child of the employee, by order of a public official due to an epidemic or other public health emergency, or because of the issuance by a public health authority of a determination that the presence in the community of the employee, or a member of the employee’s family in need of care by the employee, would jeopardize the health of others; or

(5) time needed by the employee in connection with a child of the employee to attend a school-related conference, meeting, function or other event requested or required by a school administrator, teacher, or other professional staff member responsible for the child’s education, or to attend a meeting regarding care provided to the child in connection with the child’s health conditions or disability.

Do I have to supply advance notice to my employer if I want paid sick leave off?

The ESLL articulates several conditions and steps as to its notice requirements. Under the statute, § 34:11D-3 b).

Generally, the most likely answer to this is “Yes”.  New Jersey’s Earned Sick Leave Law, “ESLL”, changes the rights of employees from pre-existing state laws which had no standardized requirement for employers to pay sick leave. With the new law, ESLL, a covered employee starts earning paid sick leave from the first day of work but is not eligible to use it until he has worked for 120 days. The new law applies to all full-time, part-time and temporary employees with some exceptions. Employers of all sizes must now provide employees with up to 40 hours of earned sick leave annually in order to care for themselves or a family member.