On May 2, 2018, New Jersey Governor Phil Murphy signed into law the state’s new Paid Sick Leave Act
, becoming the 10th
state to enact mandatory paid sick leave legislation.
The law goes into effect on October 29th
and will require New Jersey employers to provide up to 40 hours of paid sick leave to eligible employees.
Earlier this month, the New Jersey Department of Labor (NJDOL) released the required notice that all NJ employers must post
and distribute to employees under the paid sick leave law.
Here are a few things New Jersey employers need to know about these notices.
Paid Sick Leave Posting Requirements
In order to be compliant with the new law, employers in New Jersey will need to meet certain notice and posting requirements about paid sick leave.
Business leaders can find the notice on the New Jersey Department of Labor and Workforce Development
Currently, the notice is only available in English, but the NJDOL will be releasing it in 10 other languages in the near future. Employers will eventually be required to post the notice in the language they believe is the first language of the majority of the company’s staff.
Once employers have downloaded the notice, they must fill it out and post it in the workplace in a “conspicuous and accessible place” prior to October 29th
. Employers must provide this notice to employees as well.
Additionally, the proposed regulations say that employers can post the notice electronically on an internet or intranet site if the employer has one "for exclusive use by its employees and to which all employees have access."
How Do the Posting Requirements Impact Current and Future Employees?
In addition to posting the notice in the workplace, New Jersey employers must also provide notice to both current and future employees.
Under the law employers must:
- Fill out and provide the notice to all existing employees by November 29th
- Fill out and provide the notice to all new employees at the time of hiring
Also, employers must distribute the notice to an employee if they request a copy of document.
Under the proposed regulations employers will be able to provide the required notice electronically through email and still satisfy the written-copy notification requirement.
New Jersey Employers Must Comply with the Paid Sick Leave Law
With the law now only a few days away, New Jersey employers must be prepared to comply with its requirements and guidelines or risk penalties and fines.
Additionally, employees will be able to sue their employer if they violate the law and can seek damages as well as liquidation damages.
It’s also important for New Jersey employers to note that there is an anti-retaliation provision in the law that makes it illegal to retaliate against workers who use their earned time off.
If an employer is found to have taken retaliatory actions against an employee, they can face additionally penalties and lawsuits under the paid sick leave law.
Given the complexity of this legislation, it is highly recommended that small business owners partner with HR or law professionals
to ensure compliance with all provisions of the law.
With more updates to the law possible over the next several months, New Jersey employers should monitor news around paid sick leave and be prepared for the potential of further provisions in the future.
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