Bill Text: NJ S2929 | 2016-2017 | Regular Session | Introduced


Bill Title: Requires certain employers with State contracts to pay their employees their usual compensation for each day of jury service.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2017-07-13 - Received in the Assembly, Referred to Assembly Judiciary Committee [S2929 Detail]

Download: New_Jersey-2016-S2929-Introduced.html

SENATE, No. 2929

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED JANUARY 30, 2017

 


 

Sponsored by:

Senator  PATRICK J. DIEGNAN, JR.

District 18 (Middlesex)

 

 

 

 

SYNOPSIS

     Requires certain employers with State contracts to pay their employees their usual compensation for each day of jury service.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning jury service and amending N.J.S.2B:20-17.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    N.J.S.2B:20-17 is amended to read as follows:

     2B:20-17.  Employment protection. 

     a.     (1) An employer shall not penalize an employee with respect to employment, or threaten or otherwise coerce an employee with respect to that employment, because the employee is required to attend court for jury service.

     (2)   An employer, who has a State contract, shall pay an employee his usual compensation for each day he is present for jury service, less the amount of per diem fee for each day of jury service as shown on a statement issued to the juror by the sheriff or other court officer making payment of juror fees. 

     As used in this section:

     (a)   "Employee"  means  a person who is employed for at least 12 months by an employer for not less than 1,000 base hours during the immediately preceding 12-month period prior to jury service.

     (b)   "Employer" means a person or corporation, partnership, individual proprietorship, joint venture, firm or company or other similar legal entity who as a State contract and employs an average of at least 50 employees for 20 or more weeks.

     (c)   "State contract" means any purchase, contract or agreement the cost or contract price of which is to be paid, in whole or in part, with or out of State funds.

     (d)   "State" means any of the principal departments in the Executive Branch of State government, and any division, board, bureau, office, commission or other instrumentality within or created by such department and any independent State authority, commission, instrumentality or agency.

     b.    An employer who violates subsection a. of this section is guilty of a disorderly persons offense. 

     c.     If an employer penalizes an employee in violation of subsection a. of this section, the employee may bring a civil action for economic damages suffered as a result of the violation and for an order requiring the reinstatement of the employee.  The action shall be commenced within 90 days from the date of the violation or the completion of jury service, whichever is later.  If the employee prevails, the employee shall be entitled to a reasonable attorney's fee fixed by the court. 

(cf: P.L.1995, c.44, s.1)

 

     2.    This act shall take effect six months after enactment.

STATEMENT

 

     This bill would enhance the current law which provides employment protection for jury service. 

     Currently, N.J.S.2B:20-17 prohibits an employer from penalizing an employee who is called for jury service. This bill would require an employer, who contracts with the State to continue to pay his employee his usual compensation for each day of jury service, less the amount of per diem fee for each day of jury service.  

     The bill defines "State contract" as any purchase, contract or agreement the cost or contract price of which is to be paid, in whole or in part, with or out of State funds. The bill would apply to employers who have a State contract and have at least 50 employees for 20 or more weeks. Under the bill, an employee means an employee means a person who is employed for at least 12 months by an employer for not less than 1,000 base hours during the immediately preceding 12-month period prior to jury service.    

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