Page 184 - An Indispensible Resource for Being a Credible Activist

Minimum wage. Because of requirements included in legislation that was previously
enacted, the State minimum wage was increased to $7.25 per hour on September 1, 2008.
Overtime. The State clarified the regular rate of compensation for an employee. The
rate is one-fortieth of the weekly remuneration of delivery drivers or sales merchandisers
covered under the provisions of the Fair Labor Standards Act. Exceptions will be made for
those employees who are exempt under provisions of the Act.

NEW JERSEY

Equal employment opportunity. Legislation was enacted that made it unlawful to discrimi-
nate against employees because of their religious practices. Employers may not impose upon
a person, as a condition of obtaining or retaining employment, including opportunities for
promotion, advancement, or transfers, any terms or conditions that would require the per-
son to violate or forego a sincerely held religious practice or observance, including, but not
limited to, the observance of any particular day or days or any portion thereof as a Sabbath
or other holy day in accordance with the requirements of the religion or the religious belief.
This condition is applicable unless the employer is able to demonstrate that it is unable to
reasonably accommodate the employee’s religious observance or practice without undue
hardship on the conduct of the employer’s business. The enacted legislation does not affect
the ability of the employer to require employees to adhere to reasonable workplace appear-
ance, grooming, and dress standards not precluded by other provisions of State or Federal
law, except that the employer shall allow an employee to appear, groom, and dress consis-
tently with the employee’s gender identity or expression.
Family issues. The State’s temporary disability insurance provisions were extended to
provide temporary disability leave benefits for workers caring for sick family members or for
newborn or newly adopted children. Qualified workers will be entitled to receive six weeks
of temporary disability leave benefits when providing care certified to be necessary for a
family member suffering a serious health condition as defined by State statute. Employees
are required to give at least 30 days’ prior notice, except when unforeseeable circumstances
prevent such notice. When possible, employees also should schedule the leave in a manner
that minimizes any disruption in employer operations and should give 15 days’ prior notice
for leave that is intermittent. Employees are required to take benefits provided under the bill
concurrently with any unpaid leave taken under the State Family Leave Act (P.L. 1989) or
the Family and Medical Leave Act of 1993 (Pub.L.103–3). The legislation provides that the
collection of an assessment on employees to pay for family temporary disability leave ben-
efits commence on January 1, 2009, and that the payment of family leave benefits com-
mence on July 1, 2009. During 2009, the bill will raise revenues necessary to pay the benefits
through an assessment of 0.09 percent of the portion of each worker’s wages subject to tem-
porary disability leave taxes. In 2010 and subsequent years, the rate will be 0.12 percent.
The funds raised thereby would be deposited into an account to be used only for family
leave benefits and their administration, including the cost of an outreach program to eligi-
ble employees and the cost of issuing annual reports on the use of the benefits. In addition,
the legislation increases the penalties for misrepresentations, fraud, and other violations

CHAPTER 11 • Different Laws in Different States 167