Come January 1, most NJ employers will no longer be able to ask about an applicant’s criminal record during the initial employment application process.
That’s right.
Ban the box will be b-b-b-b-banned in the Garden State!
More on the new law after the jump…
Let’s assume that you operate a business in New Jersey. And you get to thinking:
“What if we put a provision in our employment application, by which a job applicant waives the two-year statute of limitations applicable to most workplace claims and shortens the period for such claims to six months?”
Would that be enforceable?
Many cities in the Mid-Atlantic region (Philadelphia, Newark) have passed legislation that makes it illegal for employers to inquire about criminal history early on in the job application / interview process. The State of Delaware too has passed this so-called “ban the box” rule.
Last week, a New Jersey Senate Committee recommended passage of ban-the-box legislation in the Garden State.
Under the proposed NJ law, an employer may not inquire (orally or in writing) regarding an applicant’s criminal record during the initial employment application process. Although after the initial application process has concluded, then this information would be fair game.
I was on such a roll this week.
You guys were digging the heck out of my peeing in the breakroom post, David Crosby the alcoholic, and the one about a supervisor offering cash to sleep with an employee’s wife.
You know who even read that last one? Scan down to the blog comments. Yep, that’s a comment from the plaintiff himself. OMG!!!
Three years at this blog without discussing mohawk hairstyles in the workplace. Now, two posts in one week. Which reminds me of the time I dressed up as BA Baracus for Halloween in law school
Ah, yes. That mohawk….and BA’s fear of flying. Ties right into today’s post.
(I love it when a plan comes together)
I blogged about it here back in October. My epic Lil’ Za Halloween costume. Both the NJ House and Senate had proposed legislation whereby a female employee affected by pregnancy could not be treated worse than other non-pregnant co-workers, but similar in their ability or inability to work.
Well, now, it’s the law, son! Under the new law, which Governor Chris Christie (R) signed on Tuesday, employers must provide reasonable accommodation to pregnant employees that will allow them to maintain a healthy pregnancy, or who need a reasonable accommodation while recovering from childbirth. Examples include bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or hazardous work. An employer can avoid accommodation if it can establish that doing so would cause it undue hardship.
The new law takes effect immediately.
On Election Day, NJ voters approved a constitutional amendment increasing the state’s minimum wage by $1, from $7.25 to $8.25. The new wage rate will take effect on January 1, and future increases will be tied to inflation.
Governor Chris Christie, who was re-elected on Tuesday had opposed the increase, claiming that the state’s economy would have a difficult time withstanding the increase.
New Jersey becomes the 20th state to establish a minimum wage higher than the federal minimum of $7.25.
If only I had a hot tub time machine, I would have gone back a day and a half and scooped Phil Miles at Lawffice Space and posted “New Jersey Recognizes Same Sex Marriages – Why it Matters for Pennsylvania Employers” before he did.
Except I didn’t.
So read his post entitled “New Jersey Recognizes Same Sex Marriages – Why it Matters for Pennsylvania Employers.” It’s really good.
New Jersey is the home of deep fried hot dogs and the Law Against Discrimination, one of the most employee-friendly anti-discrimination statutes in the country. Here, pregnant employees can order a ripper with relish at Rutt’s Hut, but, somehow, are not entitled to preferential leave treatment in the workplace.
However, a new bill pending in the NJ Senate would change all that.
Not the hot dogs, silly. They rule. You know what doesn’t rule? Leaving a quart of Rutt’s Hut relish in the backseat of your buddy’s car overnight during a high-90s Summer heat wave. Sorry, dude.
Last Friday, I had the pleasure of speaking at the National Employment Lawyers Association – New Jersey Annual Conference.
I must admit that I was a bit leery. While it sounded legitimate enough — they asked me to speak on a panel addressing accommodation issues under the Americans with Disabilities Act — being the guy with The Employer Handbook blog, I half expected to be chloroformed upon arrival, and buried under a jughandle, left to be constantly trampled by folks making left turns from the right lane.
But, instead, I spoke to a sharp, engaged audience and met some wonderful people. (NJ management-side lawyers: there’s a reason we get paid the big bucks. These employee-side folks don’t make it easy!)
The Employer Handbook Blog