Bill Text: NJ S3385 | 2018-2019 | Regular Session | Introduced


Bill Title: Requires employers to provide paid leave to employees to vote in certain circumstances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-01-24 - Introduced in the Senate, Referred to Senate Labor Committee [S3385 Detail]

Download: New_Jersey-2018-S3385-Introduced.html

SENATE, No. 3385

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED JANUARY 24, 2019

 


 

Sponsored by:

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

 

 

 

 

SYNOPSIS

     Requires employers to provide paid leave to employees to vote in certain circumstances.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning paid leave for voting and supplementing Title 34 of the Revised Statutes.

 

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

 

      1.   a.   Each employer shall provide two hours of paid leave annually to each employee working for the employer in the State for the purpose of voting at a general election in the State. The employer shall not be required to permit the employee to carry forward from one benefit year to the next the leave for voting if the employee did not exercise the right to use some or all of the two hours to vote.

      b.   An employer shall be in compliance with this section if the employer offers paid time off, which is fully paid, and may be used at the beginning or the end of an employee's work shift on the day of a general election in the State. An employee seeking to use paid leave to vote at a general election in the State shall provide an employer with two business days' notice of the necessity for leave.  An employer shall display conspicuous notice of its employees' rights and obligations pursuant to the provisions of this act at least 10 days prior to a general election in the State.

      c.    The employer shall pay the employee for voting leave at the same rate of pay with the same benefits as the employee normally earns, except that the pay rate shall not be less than the minimum wage required for the employee pursuant to section 5 of P.L.1966, c.113 (C.34:11-56a4).

      d.   As used in this act:

     "Employee" means an individual engaged in service to an employer in the business of the employer for compensation. "Employee" does not include:

     (1)   an employee performing service in the construction industry that is under contract pursuant to a collective bargaining agreement;

     (2)   a per diem health care employee; or

     (3)   a public employee who is provided with leave for voting with full pay or a paid holiday on the day of a general election in the State pursuant to any other law, rule, or regulation of this State.

     "Employer" means any person, firm, business, educational institution, nonprofit agency, corporation, limited liability company or other entity that employs employees in the State, including a temporary help service firm.  In the case of a temporary help service firm placing an employee with client firms, earned sick leave shall accrue on the basis of the total time worked on assignment with the temporary help service firm, not separately for each client firm to which the employee is assigned.  "Employer" does not include a public employer that is required to provide its employees with leave for voting with full pay or a paid holiday on the day of a general election in the State pursuant to any other law, rule or regulation of this State.

     e.     Any failure of an employer to make available paid leave to vote as required by this act, or any other violation of this act, shall be regarded as a failure to meet the wage payment requirements of the "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.), or other violation of that act, as the case may be, and remedies, penalties, and other measures provided by that act, R.S.34:11-58, and section 10 of P.L.1999, c.90 (C.2C:40A-2) for failure to pay wages or other violations of that act shall be applicable, including, but not limited to, penalties provided pursuant to sections 23 and 25 of that act (C.34:11-56a22 and 34:11-56a24), and civil actions by employees pursuant to section 26 of that act (C.34:11-56a25).

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill requires an employer to provide two hours of paid leave annually to each employee working for the employer in the State for the purpose of voting at a general election in the State.  Specifically, an employer is required to offer paid time off, which is fully paid, and may be used at the beginning or the end of an employee's work shift on the day of a general election in the State.

     Under the bill, an employee is required to notify an employer of the necessity for leave to vote two business days in advance of a general election in the State, and an employer is required to provide notice to employees of the employees' rights and obligations under this bill at least ten days prior to a general election in the State.

     The bill does not apply to:

     (1)   an employee performing service in the construction industry that is under contract pursuant to a collective bargaining agreement;

     (2)   a per diem health care employee; or

     (3)   a public employee who is provided with leave for voting with full pay or a paid holiday on the day of a general election in the State pursuant to any other law, rule, or regulation of this State.

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