- Of Counsel
There is a bill (A2354/S785) currently pending in the New Jersey Legislature that would require private employers to provide earned sick leave to each employee it employs in the State of New Jersey. Under the proposed bill, an employee would accrue one hour of sick leave for every thirty hours worked. Businesses with ten or more employees would be required to allow employees to accrue seventy-two hours of sick leave, and business with fewer than ten employees would be required to allow employees to accrue forty hours of sick leave. Employees would be able to carry over unused sick leave from year to year, but never more than 40 hours or 72 hours respectively. Earned sick leave could be utilized for: (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 preventative medical care for the employee; (2) time needed for the employee to care for a family member during diagnosis, care or treatment of, or recovery from, the family member’s mental or physical illness, injury or other adverse health condition, or for preventative medical care for the family member; and (3) absence needed due to circumstances resulting from the employee or a family member being a victim of domestic violence, if the leave is to obtain medical attention, counseling, relocation, legal or other services. At this time, the bill has been reported out of the Assembly Labor Committee with amendments, and is pending before the Senate Labor Committee.
Elizabeth Zuckerman, Esq. will be conducting a virtual course on October 13, 2020 - Know Your Rights as an Employee. Topics include harassment, hostile work environment and discrimination on the basis of age, race, gender, sexual orientation, disability and other protected statuses. The concept of reasonable accommodation and the interactive process will be explored. There will be discussion regarding the New Jersey whistle-blower law, wage and hour laws, family leave laws, non-compete agreements, new employee protections as a result of COVID-19 and common law claims, such as breach of contract and intentional infliction of emotional distress. In addition, hypothetical employment claims based on real life employment experiences will be discussed. Register at https://www.ssreg.com/princeton/classes/results.asp?code=120.
Edwin W. Schmierer, Esq., a firm Director, will be an instructor for the New Jersey Planning Official’s Planning and Zoning Board members training session in Somerset County on October 3, 2020. Mr. Schmierer chairs the firm’s Government Practice Group and represents a number of land use boards including the Lawrence Township Planning Board and the Zoning Board of Adjustment, Borough of Pennington Joint Planning and Zoning Board of Adjustment and the West Windsor Zoning Board of Adjustment. The New Jersey Planning Officials can be reached at [email protected] for any land use board member interested in attending the training session.
Click Link Here to read important information regarding the Families First Coronavirus Response Act.
In a recent decision (Justin Wild v. Carriage Funeral Holdings, Inc.), the New Jersey Supreme Court determined that an employee who is fired for using medical marijuana outside the workplace may bring a claim for disability discrimination under the New Jersey Law Against Discrimination. Mason, Griffin & Pierson Attorney, Elizabeth Zuckerman, who argued the cause for Amicus Curiae National Employment Lawyers Association of New Jersey, stated the "decision is a win for employees who test positive for marijuana due to their lawful use of medical marijuana outside the workplace."