Bill Protects Employees Impacted By Emergency Weather Conditions

On March 17, 2014, a bill (S1717) was introduced that would prohibit an employer from taking adverse action against an employee because he or she is not working due to a declared state of emergency (by the Governor or municipal emergency management coordinator). It also would prohibit employers from requiring employees to use their accrued paid or unpaid leave for such time. Employers that violate this new law would be subjected to a civil penalty of up to $5,000 for the first violation, and up to $10,000 for the second violation; there is no private cause of action for violations. Employees absent due to a state of emergency would need to make every effort to notify their employers about their absence, and would be required to return to work as soon as possible (i.e., no later than the first scheduled shift or hour after the state of emergency is rescinded, accounting for travel time). 

Note: This article was published in the March 2014 issue of the New Jersey eAuthority.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ogletree, Deakins, Nash, Smoak & Stewart, P.C. | Attorney Advertising

Written by:


Ogletree, Deakins, Nash, Smoak & Stewart, P.C. on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.