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CIANJ Hosts Working Group & Testifies on Paid Sick Leave Rules
November 16th, 2018

New Jersey’s Department of Labor recently released its proposed regulations that will govern the new paid sick leave law. CIANJ hosted a workshop to take a hard look at these rules and determine what worked and did not work for businesses in the Garden State. This group of more than 40 CIANJ members generated a list of salient points for the state to take into consideration before finalizing its rules.

CIANJ’s director of government affairs Tony Perry along with our government affairs associate Larry Banks, testified in front of a state panel this week to share the group’s findings and recommendations. The Department of Labor will continue to take comments on the proposed rules until December 14 for those who would like to ensure their voices are heard.

To review the proposed regulations, click the link below.

https://nj.gov/labor/forms_pdfs/Roles/Legal/FinalAdminDecisions/2018/prn2018095.pdf

Here are the working group’s concerns and thoughts on the proposed rules:

  • Under Chapter 34:11D-2(c) – states that an “employer must pay an employee for earned sick leave at the same rate of pay with the same benefits as the employee normally earns…” The CIANJ membership and the business community have concerns regarding the payment of overtime hours. We believe a clarification is needed to ensure that any and all employees accruing or utilizing paid sick time will only be paid at their normal pay rate regardless of hours worked in each week when using said sick time.
  • Furthermore, any scheduled overtime hours or shift extended beyond the 40-hour work week in which an employee does not work or partially works should not be paid beyond that of the normal pay rate of each employee.
  • New Jersey currently has 66 higher education institutions across the State and many if not all of them offer some type of work-study programs, these entities should be exempt from the paid sick leave law.
  • Additionally, higher education institutions pay students, alumni or independent contractors for services, i.e. performers, comedians, guest speaker for educational or entertainments purposes. Clarity is needed regarding a per diem payment for individuals with varying work schedules.
  • Clarity is also needed for employers regarding the payment of unused sick time. Understanding that an employee is entitled to 40 hours of paid sick time, if an employee decides to forgo a payment of unused hours through the rules preside within this law, does that provide an employee to bank hours for the following accrual year?

 

  • Under 12:56-1.7, discharging of an employee making a complaint, we believe it should be clarified that any and all seasonal employees that are no longer needed by a company are no protected by this provision.  Furthermore, if an employee is laid off for verifiable business needs, that employer would again not be subject to fine by the Department

 

CIANJ will be developing written comments on the proposed regulations and will be sharing with our members prior to the deadline for submitting comments to the Department of Labor.

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    The mission of Commerce and Industry Association is to be the leader in free enterprise advocacy for the purpose of fostering, through education, legislative vigilance and membership interaction, an economic climate that enhances business potential and makes New Jersey a better state in which to live, work and conduct business.

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