Prohibits certain employment actions against employees affected by a declared state of emergency.
Impact
Should this bill become law, it would significantly impact employment practices in New Jersey during emergencies. Employers would be legally restricted from requiring employees to exhaust their sick or personal leave during these times. Instead, workers can retain their leave benefits while not working due to a state of emergency, which may encourage better job security for employees across vulnerable sectors during crises. This change could reshape how workplace policies are crafted regarding employee absences under emergency conditions.
Summary
Assembly Bill A3307 aims to safeguard employees from adverse employment actions during a declared state of emergency. Specifically, the bill prohibits employers from discharging employees or taking any adverse actions regarding their employment status due to their inability to work during such emergencies. This initiative seeks to ensure that workers are not penalized for circumstances beyond their control, such as natural disasters or other emergencies that may prevent them from performing their regular duties at work.
Contention
The bill's provisions are particularly notable for how they define an 'employee' and an 'employer.' The exclusions of certain emergency personnel, like healthcare workers, from these protections indicate an intent to focus on regular employees. There may be contention surrounding the enforcement of civil penalties against violators, which could lead to a debate about the balance between ensuring employee rights and the potential burden on businesses. The bill stipulates penalties, up to $10,000 for subsequent violations, which underscores the seriousness with which the legislature views employee protections during emergencies.
Providing for assumption of employment relationship, for terms of yearly employment contract, for prohibition on waivers or limitations of employment protections, for elements of wrongful discharge, for remedies for wrongful discharge and for probationary period of employment.