250
author_image
Michael S. Cohen
Partner
Share

New Jersey Governor Chris Christie recently signed into the law the New Jersey Security and Financial Empowerment Act (NJ SAFE Act).  The NJ SAFE Act, which will go into effect on October 1, 2013, requires both private and public employers with twenty-five (25) or more employees to provide twenty (20) days of unpaid leave to an employee who is the victim of domestic violence or a sexually violent offense.   The Act also allows an employee to take such leave when the victim of domestic violence or sexually violent offense is the employee’s child, parent, spouse, domestic partner or civil union partner.

Under the SAFE Act, an employee may elect, or the employer may require, the employee to take accrued PTO time during the leave.   The new law also contains certain employee notice and documentation requirements and will have an impact on an employee’s FMLA/NJFLA leave.   Accordingly, employers must review and revise their leave of absence policies to maintain compliance with the Act.

Under the Act, individual employees can bring a private cause of action and employers can be fined of $1,000 or up to $2,000 for the first violation and up to $5,000 for any subsequent violation of the Act.  The SAFE Act further prohibits employers from committing or threatening termination, harassment, retaliation or discrimination against any employee who exercises his or her rights under the Act.z

New Jersey Governor Chris Christie recently signed into the law the New Jersey Security and Financial Empowerment Act (NJ SAFE Act). The NJ SAFE Act, which will go into effect on October 1, 2013, requires both private and public employers with twenty-five (25) or more employees to provide twenty (20) days of unpaid leave to an employee who is the victim of domestic violence or a sexually violent offense. The Act also allows an employee to take such leave when the victim of domestic violence or sexually violent offense is the employee’s child, parent, spouse, domestic partner or civil union partner.

Under the SAFE Act, an employee may elect, or the employer may require, the employee to take accrued PTO time during the leave. The new law also contains certain employee notice and documentation requirements and will have an impact on an employee’s FMLA/NJFLA leave. Accordingly, employers must review and revise their leave of absence policies to maintain compliance with the Act.

Under the Act, individual employees can bring a private cause of action and employers can be fined of $1,000 or up to $2,000 for the first violation and up to $5,000 for any subsequent violation of the Act. The SAFE Act further prohibits employers from committing or threatening termination, harassment, retaliation or discrimination against any employee who exercises his or her rights under the Act.

This blog should not be construed as legal advice, as pertaining to specific factual situations or as establishing an attorney-client relationship

 

About Michael S. Cohen
250
author_image
Michael S. Cohen concentrates his practice in the areas of employment law training and counseling. Mr. Cohen has trained and counseled employers throughout the country on subjects including harassment prevention; workplace diversity; discipline and discharge; hiring and recruiting practices; performance evaluations; FMLA, ADA and FLSA compliance; leave of absence policies; performance management; workplace privacy; sexual orientation and gender identity in the workplace; substance abuse testing; workplace violence; records retention; conducting background checks; teens in the workplace and managing attendance problems.
258
author_image
Jonathan A. Segal
Partner
Share

In her provocative and vitally important book, Lean In: Women, Work, and the Will to Lead, Sheryl Sandberg ends with: “My goal is that this book is not the end of the conversation but the beginning.”

We will continue the conversation with a panel composed of successful women who are role models for women and men alike. Please save the date!

Tuesday, October 15, 2013 | 4:00 p.m. to 6:00 p.m.
Reception immediately to follow.

About Jonathan A. Segal
258
author_image
Jonathan A. Segal is a partner at Duane Morris LLP in the Employment Group. He is also the managing principal of the Duane Morris Institute. The Duane Morris Institute provides training for human resource professionals, in-house counsel, and other leaders at client sites and by way of webinar on myriad employment, leadership labor, benefits and immigration topics. Jonathan has served intermittently as a consultant to the Federal Judicial Center in Washington, D.C. for more than 20 years, providing training on employment issues to federal judges around the country. Jonathan also has provided training on harassment on behalf of the EEOC as well as providing training on diversity to members of the United States intelligence agencies. Jonathan is also frequently a featured speaker at national, state and local human resource, business and legal conferences, including conferences sponsored by the Society for Human Resource Management and the Pennsylvania State Chamber of Business and Industry. Jonathan’s practice focuses on maximizing compliance and minimizing legal risk. Jonathan’s particular areas of emphasis include: equal employment opportunity in general and gender equality in particular: social media; wage and hour; performance management; talent acquisition; harassment prevention and correction; and non-competes and other ways to protect your business. You can find him on Twitter @Jonathan_HR_Law .