Newark’s Paid Sick Leave Ordinance to Take Effect on June 21, 2014

As we previously posted on March 20, 2014, the City of Newark, New Jersey passed a paid sick leave ordinance (the “Ordinance”), which requires private employers to provide paid sick leave to employees who work at least 80 hours per year in Newark.  According to the City of Newark’s official website, the Ordinance will take effect on June 21, 2014. A copy of the Ordinance can be found by clicking here.

Under the Ordinance, employees of private-sector employers who work at least 80 hours per year in Newark are eligible to earn such paid sick time. The Ordinance, however, specifically exempts public employees, employees of construction unions covered by collective bargaining agreements, and employees covered by collective bargaining agreements that specifically waive paid sick leave requirements. Employers with ten or more employees are required to provide up to 40 hours of paid sick leave per year. Employers with fewer than ten employees are required to provide up to 24 hours of paid sick leave per year. Child care workers, home health workers, and food service workers can accrue up to 40 hours of paid leave time in any given year, regardless of the number of employees their employer employs.

By June 21, 2014, employers in the City of Newark (and others who may be subject to the Ordinance) must notify employees of their rights under the Ordinance by providing written notice to each employee at the commencement of his/her employment, or as soon thereafter as practicable, concerning the Ordinance. Employers are also required to post a notice of worker’s rights under the Ordinance in a “conspicuous location around the workplace.” The notice required by the Ordinance must be posted in English and any language spoken by at least ten percent (10%) of the employer’s workforce. The City of Newark has not yet issued a “model notice” for employers to follow, and in the interim, employers subject to the Ordinance should prepare a written notice which conveys the keys terms of the Ordinance for their employees.

The City of Newark has also posted a list of Frequently Asked Questions (“FAQ’s”) on its website, which provides helpful information and can be found by clicking here.

Employers subject to the Ordinance should review their current paid sick leave policies to ensure they comply with the Ordinance. Employers should also prepare the proper notices required by the Ordinance, and post and distribute the required notices by no later than June 21, 2014.

As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.

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