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New Jersey: Adds Protections to Medical Marijuana Use by Employees

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All Employers with NJ Employees

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July 2, 2019

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As of July 2, 2019, the Compassionate Use Medical Cannabis Act now prohibits employers from taking any adverse employment action against a qualified employee based solely on the employee’s status as a registered medical marijuana user. The law applies to employees who have been authorized by a healthcare provider to use medical marijuana, and are registered as such with the state. Additionally, employees have the right to explain drug test results and the employer must provide written notice of their right to explain.

The Act now makes clear that employers can prohibit possession or use of marijuana during work hours or on the premises of the workplace outside of work hours. Additionally, the Act does not require an employer to take action that would cause the employer to be in violation of federal law, lose a licensing-related benefit, or lose a federal contract or funding.

Action Items

  1. Have employment handbooks and substance abuse policies updated consistent with the new law.
  2. Update drug testing procedures for notice requirements and protections.
  3. Have managers trained on recognizing signs of impairment and how to handle workplace substance abuse.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

New Jersey: Commuters, Rejoice – Certain Employers to Provide Transportation Tax Benefit

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All Employers with 20 or more NJ Employees

EFFECTIVE

Pending; See Below

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Senate Bill 1567 was signed into law on March 1, 2019, and requires covered employers to provide pre-tax transportation fringe benefits to employees.  With the new law, employees will be able to set aside and utilize a pre-tax portion of their wages for specified transportation services.  This requirement goes into effect either March 1, 2020, or the effective date of rules and regulations adopted by the Commission of Labor and Workforce Development (CLWD), whichever is earlier.

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June Updates

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Varies

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Varies

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This Short List addresses the following topics:
  1. U.S. Supreme Court: Title VII Claims to the EEOC are Merely Procedural and Not Jurisdictional to Courts
  2. U.S. Supreme Court: State Wage and Hour Rules Don’t Apply to Workers on the Outer Continental Shelf
  3. DOL Issued Updated Poster for Federal Contractors and Subcontractors
  4. California: July 1st REMINDERS for Employers
  5. Emeryville, CA: July 1st Minimum Wage Increase Paused for Small Independent Restaurants
  6. Colorado: Wage Garnishment Reform on the Horizon
  7. Connecticut: Minimum Wage Increasing to $15 an Hour
  8. Minneapolis, MN: Sick and Safe Time Rule Is Still Up in the Air
  9. Kansas City, MO: Bans Pre-Employment Salary History Inquiries
  10. Nevada: Mandatory Safety Training Expanded to Trade Show and Convention Workers
  11. New Jersey: Required Workplace Postings Receive an Update
  12. Texas: Dallas and San Antonio Paid Sick Leave Set to Go into Effect August 1st

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New Jersey: Update Arbitration and Non-Disclosure Agreements Immediately!

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All Employers with NJ Employees

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March 18, 2019

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Recently enacted Senate Bill 121 prohibits nondisclosure agreements from concealing claims of discrimination, harassment, and retaliation. Interestingly, such terms are not enforceable against current or former employees, but they are enforceable against the employer, unless the employee discloses enough information to make the employer “reasonably identifiable.”

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New Jersey: Equal Pay Act Reporting Requirements Revised for Public Works Employers

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All Employers with NJ Employees Who Perform Public Works for NJ

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March 31, 2019

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A recent revision made by the New Jersey Department of Labor (NJ DOL) clarified Equal Pay Act data reporting requirements.  According to the NJ DOL, employers that provide services to public works for the state of New Jersey do not need to report equal pay data for all employees—just employees who perform the public work or provide qualifying services.

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New Jersey: Medical Marijuana Protected from Workplace Discrimination

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All Employers with NJ Employees

EFFECTIVE

March 27, 2019

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In Wild v. Carriage Funeral Holdings, Inc., the New Jersey Court of Appeal stated that although the Compassionate Use Medical Marijuana Act does not prohibit discrimination for use of medical marijuana, the Law Against Discrimination (LAD) may. There, an employee used medical marijuana as part of his cancer treatment. While driving for work, the employee was struck by another vehicle that ran a stop sign. Although the emergency room treating physician did not observe the employee to be under the influence and did not perform a blood test noting that the employee had a medical marijuana card, the employer required a blood test before the employee could return to work and ultimately terminated him.

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New Jersey: Expanded Family and SAFE Leave and Disability Benefits

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Certain Employers with NJ Employees

EFFECTIVE

As Indicated

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The New Jersey Governor recently signed legislation to expand the New Jersey Family Leave Act, Temporary Disability Leave Act, and Security and Financial Empowerment (SAFE) Act.  The following is a summary of key changes.

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March Updates

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Varies

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This Short List addresses the following topics:
  1. U.S. Supreme Court Reversed Ninth Circuit Equal Pay Ruling Based on Judge’s Death
  2. Fifth Circuit: Restated Its Position that Title VII Does Not Protect Sexual Orientation
  3. California: Guidance on New Agricultural Overtime Pay Requirements
  4. Alameda, CA: City Minimum Wage Increases to $13.50 in July, Regardless of Employer Size
  5. Florida: Miami Beach Minimum Wage Struck Down
  6. Illinois: $9.25 Minimum Wage by January 2020, With New Possible Penalties
  7. Minneapolis, MN: Minimum Wage Increase Approved
  8. New Jersey: $10 Minimum Wage in July 2019, $15 by 2024
  9. Westchester County, New York: Bans the Box
  10. Portland, Oregon: Prohibits Discrimination Against Atheists and Agnostics
  11. West Virginia: Federal Law Enforcement Pension Freed From State Taxes

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November Updates

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Varies

EFFECTIVE

Varies

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This Short List addresses the following topics:
  1. Fourth Circuit: Back Pay Damages are Mandatory Under the ADEA
  2. California: Federal Department of Transportation Rules Preempts California Meal and Rest Period Requirements
  3. California: Announces Minimum Wage Rates for Certain Overtime Exemptions
  4. California: Cal/OSHA Revised Exposure for Citations and Issued Emergency Reporting Requirements
  5. California: PAGA May Not Apply to Construction Industry Employees Subject to Collective Bargaining Agreements
  6. New Jersey: Updates to Statewide Paid Sick Leave
  7. New York: Human Trafficking Informational Cards Required in Hotels
  8. New York: State Attorney General Releases FAQ on Non-Compete Agreements
  9. New York: Sexual Harassment Training Deadline Extended
  10. New York, NY: Revised FAQ for Paid Sick Leave Rules
  11. Pennsylvania: Illegal Sex Discrimination Interpreted to Include LGBT+ Components

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