Effective June 1, 2011, New Jersey will have a law that bars employers from advertising that the unemployed need not apply.
The new statute, N.J.S.A. 34:8B-1, prohibits an employer from publishing in print or on the Internet a job listing providing that the job qualifications include current employment; that jobless applicants will not be considered; or that only currently employed candidates will be considered for the position. To comply with civil service laws, the new statute does allow employers to post job openings that are available only to its current employees.
Job seekers will not be allowed to sue offending employers directly, but violators will be fined up to $1,000 for the first offense, up to $5,000 for the second, and up to $10,000 for each subsequent offense, payable to the state Department of Labor and Workforce Development.
Kiernan's Corner: Preventive Law for Employers
Showing posts with label New Jersey law. Show all posts
Showing posts with label New Jersey law. Show all posts
April 28, 2011
May 10, 2010
Update on Nursing Mothers' Rights
As I mentioned in a previous post, the new 29 USC §207(r) now requires that the following accommodations must be made by employers for nursing mothers:
* A reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth, each time such employee has need to express the milk; and
* a place, other than bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.
Why was this made part of the health care reform law? Congressional sponsors cited these health concerns in support of this legislation protect a mother’s right to breastfeed and promoting breastfeeding as an option for working mothers: Breastfed babies visit the doctor less frequently, spend less time in the hospital, and require less prescription medication than bottle-fed babies, notes the Health and Human Services’ Office on Women’s Health. Because of the significant health benefits for the mother and child, the World Health Organization and American Academy of Pediatrics both recommend at least six months of exclusive breastfeeding for all infants.
There’s a plus side for employers, too: Because breastfed babies are healthier, this translates into reduced health care costs for breastfed infants and lower medical insurance claims for employers. Also, an employer is not required to pay an employee for the break time taken to express milk.
The new law went into effect immediately, and affects almost all US employers, although employers with fewer than 50 employees can claim an exemption "if such requirements would impose an undue hardship by causing the employer significant difficulty when considered in relation to the size, financial resources, nature, or structure of the employer's business.” New Jersey law ( N.J.S.A. § 26:4B-4/5 already entitles a mother to breastfeed her baby in any location in a place of public accommodation, resort or amusement. Note that the new federal law does not preempt any state law, such as New York’s, that provides greater protections to employees.
* A reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth, each time such employee has need to express the milk; and
* a place, other than bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.
Why was this made part of the health care reform law? Congressional sponsors cited these health concerns in support of this legislation protect a mother’s right to breastfeed and promoting breastfeeding as an option for working mothers: Breastfed babies visit the doctor less frequently, spend less time in the hospital, and require less prescription medication than bottle-fed babies, notes the Health and Human Services’ Office on Women’s Health. Because of the significant health benefits for the mother and child, the World Health Organization and American Academy of Pediatrics both recommend at least six months of exclusive breastfeeding for all infants.
There’s a plus side for employers, too: Because breastfed babies are healthier, this translates into reduced health care costs for breastfed infants and lower medical insurance claims for employers. Also, an employer is not required to pay an employee for the break time taken to express milk.
The new law went into effect immediately, and affects almost all US employers, although employers with fewer than 50 employees can claim an exemption "if such requirements would impose an undue hardship by causing the employer significant difficulty when considered in relation to the size, financial resources, nature, or structure of the employer's business.” New Jersey law ( N.J.S.A. § 26:4B-4/5 already entitles a mother to breastfeed her baby in any location in a place of public accommodation, resort or amusement. Note that the new federal law does not preempt any state law, such as New York’s, that provides greater protections to employees.
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