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SMALL BUSINESS NEWS

31 Aug 2015

 

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New Jersey Lawmakers Considering Sick Leave Law

Lawmakers in New Jersey are considering passing a statewide law to make businesses provide earned sick leave to all of their employees.

The two bills (Bill A2354 and Bill S2866) making their way through the legislature calls for employees to earn one hour of earned sick leave for every 30 hours worked.  For a small employer (i.e. employer with 10 or less employees), employees will not be allowed to accumulate and carry forward more than 40 hours of earned sick leave from one year to the next.  For large employers (i.e. employers with more than 10 employees), employees will not be allowed to accumulate and carry forward more than 72 hours of earned sick leave from one year to the next.

Employees will be allowed to use the sick leave for personal medical care, to aid or care for a family member, domestic violence, provide child care, etc.

A violation of the act will result in a misdemeanor charge (under New Jersey State Wage and Hour Law, P.L.1966, c.113 (C.34:11-56a22, 56a24 & 56a25 et seq.) .  Employers shall be guilty of a disorderly persons offense and shall, upon conviction for a first violation, be punished by a fine of not less than $100 nor more than $1,000 or by imprisonment for not less than 10 nor more than 90 days or by both the fine and imprisonment and, upon conviction for a second or subsequent violation, be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than 10 nor more than 100 days or by both the fine and imprisonment. Each week, in any day of which an employee is paid less than the rate applicable to him under this act or under a minimum fair wage order, and each employee so paid, shall constitute a separate offense.

Additionally, when the Commissioner of Labor finds that an individual has violated that act, the commissioner is authorized to assess and collect administrative penalties, up to a maximum of $250 for a first violation and up to a maximum of $500 for each subsequent violation.

If found guilty in civil court the employer could be made to pay the full amount as well as costs and such reasonable attorney's fees as may be allowed by the court.

Sources:
Bill A2354
Bill S2866
New Jersey State Wage and Hour Law, P.L.1966, c.113 (C.34:11-56a22, 56a24 & 56a25 et seq.)


By Wendy Stewart

 

 

 

 

 

 

 

 

 

 
 

 

  
 

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