NJ Voters Expand Sick Leave Rights To Trenton, Montclair

November 4, 2014 – In The News
Law360

Ian D. Meklinsky was quoted in the Law360 article, “NJ Voters Expand Sick Leave Rights To Trenton, Montclair.” Full text can be found in the November 4, 2014, issue, but a synopsis is below.

As New Jersey adds two more municipalities with mandated paid sick leave, lawmakers are mulling the creation of statewide requirements.

A state bill would require companies to provide more sick days overall. Employers with fewer than 10 employees would have to allow up to 40 hours of earned sick leave, while employers with larger workforces would have to allow up to 72 hours.

According to Ian D. Meklinsky, there are numerous problems with the Assembly bill, ranging from its accrual and carryover requirements to a presumption that an employer who doesn't maintain proper records failed to provide owed sick leave, but the preemption of local requirements could be one benefit from a statewide standard.

“With all these municipalities adopting their own patchwork rules and ordinances, it becomes really very difficult for employers in the state to address paid time off in an appropriate fashion,” he noted.

Local ordinances such as those approved in Trenton and Montclair might encourage legislators to advance a statewide measure, but there's no guarantee Governor Chris Christie would sign it as opposed to vetoing it outright or conditionally vetoing the bill with suggested changes, explains Meklinsky.