Bill Text: NJ S1717 | 2014-2015 | Regular Session | Amended
Bill Title: Prohibits certain employment actions against employees affected by a declared state of emergency.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-09-15 - Reported from Senate Committee with Amendments, 2nd Reading [S1717 Detail]
Download: New_Jersey-2014-S1717-Amended.html
Sponsored by:
Senator PETER J. BARNES, III
District 18 (Middlesex)
Co-Sponsored by:
Senator Greenstein
SYNOPSIS
Prohibits certain employment actions against employees affected by a declared state of emergency.
CURRENT VERSION OF TEXT
As reported by the Senate Labor Committee on September 15, 2014, with amendments.
An Act prohibiting certain employment practices.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
1"Employee" means any employee of an employer, except that no physician or other medical personnel, or other personnel required to maintain essential healthcare services shall be regarded as an "employee" for the purposes of this act, whether or not the medical or healthcare services personnel works for a public safety agency.1
"Employer" means 1[an] any1 employer or employer's agent, representative, or designee1[. The], except that the1 term "employer" does not include1:1 any public safety agency 1or contractor of the public safety agency that contracts to provide emergency repair, street clearing or other emergency services; any licensed health care facility; any public utility as defined in R.S.48:2-13 or contractor of the public utility; or a contractor that contracts with an owner of a private facility to provide street clearing services for that facility1.
"Public safety agency" means a division of a municipality, a county, or the State which dispatches or provides1, or contracts to obtain,1 law enforcement, fire fighting, emergency medical services, or other emergency services.
"State of emergency" means a natural or man-made disaster or emergency for which a state of emergency has been declared by the Governor1[, or for which a state of emergency has been declared by a municipal emergency management coordinator]1.
2. No employer shall discharge from employment or take any adverse action against any employee with respect to compensation, terms, conditions, or other privileges of employment because the employee is not actively working and performing all regular duties at the employer's place of business due to a state of emergency 1during the time in which the state of emergency is in effect and applies to the areas where the employee lives or works and emergency management officials have advised individuals in those areas to evacuate or to not travel1. No employer shall require any employee to use any sick, personal, or other leave provided by the employer, whether paid or unpaid, for any time that the employee is unable to work due to the state of emergency. This act shall not be construed as requiring any employer to provide wages or compensation to any employee that is not actively working.
3. An employee who is unable to work and perform the regular duties of employment at the employer's place of business for any period of time due to a state of emergency shall:
a. make every possible effort to notify the employer of the absence from work due to the declared state of emergency; and
b. return to work as soon as possible, but not later than the first shift or regularly scheduled work hours occurring after the declaration of the state of emergency is rescinded 1or after emergency management officials have deemed the situation to be safe1, and accounting for the time needed to travel to the employer's place of business.
4. An employer who violates any provision of this act shall be subject to a civil penalty in an amount not to exceed $5,000 for the first violation and $10,000 for each subsequent violation, collectible by the Commissioner of Labor and Workforce Development in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
5. This act shall apply only to a state of emergency declared after the effective date of this act.
6. This act shall take effect immediately.
