The New Jersey Department of Labor and Workforce Development (the “Department”) has issued a mandatory employee notice regarding the NJ Earned Sick Leave Law, which goes into effect on October 29, 2018.  As we have previously reported, the Law will require employers to provide eligible employees with paid leave for their own medical needs, those of a family member, or other covered reasons.

By October 29, 2018, employers will be required to “conspicuously post the notification in a place or places accessible to all employees in each of the employer’s workplaces.”  The notice must be posted in the language that is the “first language of a majority of the employer’s workforce,” and the Department is expected shortly to issue versions of the notice in ten languages other than English.

Notably, the proposed rules for the Law state that posting the notice on “an internet site or intranet site” made available by an employer “for exclusive use by its employees and to which all employees have access” would satisfy the conspicuous posting requirement.  However, it is important to note that the proposed rules are currently open for public comment through December 14, 2018, and therefore will not be finalized before the Law’s October 29 effective date.

Employers are also required to provide all current employees with a written copy of the notice either in hard copy or via e-mail no later than November 29, 2018 (as stated on the notice).  Interestingly, the November 29 distribution deadline set forth on the notice appears to conflict with the language of the Law itself (as well as the proposed rules), which both state that distribution of the notice to current employees shall occur “not later than 30 days after the form of the notification is issued,” which would place the distribution date at or around November 2, 2018.  As such, employers may wish to distribute the notice to current employees at or around the Law’s October 29 effective date to ensure full compliance with the law.  Employers must also provide copies of the notice to employees upon request, and new employees must be provided with a copy of the notice at the time of hire.

We will continue to track further developments regarding the Law in lead up to the October 29 effective date.

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Photo of Evandro Gigante Evandro Gigante

Evandro is the go-to employment litigator and counselor when clients face their most challenging, bet the reputation claims, or want to develop policies and practices that mitigate legal risk. As an award-winning partner in the Labor & Employment Law Department, member of the…

Evandro is the go-to employment litigator and counselor when clients face their most challenging, bet the reputation claims, or want to develop policies and practices that mitigate legal risk. As an award-winning partner in the Labor & Employment Law Department, member of the Employment Litigation group, and co-head of the Counseling, Training & Pay Equity group, he represents clients on a variety of labor and employment matters, including allegations of sexual harassment, race, gender, national origin, disability and religious discrimination. In addition, Evandro handles restrictive covenant matters, including non-compete, non-solicitation and trade secret disputes. Evandro also counsels employers through the most sensitive employment issues, including matters involving employer diversity, equity and inclusion initiatives.

With a focus on discrimination and harassment claims, Evandro has extensive experience defending clients before federal and state courts. He tries cases before juries and arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions. Evandro often draws on his extensive litigation experience to help clients avoid the courtroom by effectuating positive change in the workplace through impactful anti-discrimination and harassment training, as well as robust employment policies.

Working in a wide range of industries, Evandro has experience representing clients in professional services, including law firms, financial services, including private equity and hedge funds, higher education, sports, media, retail, and others. Evandro also advises charter schools and other not-for-profit organizations on labor and employment matters on a pro bono basis.

Photo of Laura Fant Laura Fant

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns…

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns, with a focus on legal compliance, risk management and mitigation strategies, and workplace culture considerations.

Laura regularly counsels clients across numerous industries on a wide variety of employment matters involving recruitment and hiring, employee leave and reasonable accommodation issues, performance management, and termination of employment . She also advises on preparing, implementing and enforcing employment and separation agreements, employee handbooks and company policies, as well as provides training on topics including discrimination and harassment in the workplace. Laura is a frequent contributor to Proskauer’s Law and the Workplace blog and The Proskauer Brief podcast.