By: Ty Hyderally, Esq. and Francine Foner, Esq.

Earlier this year, New Jersey State Senator Britnee N. Timberlake (District 34, Essex) re-introduced a bill that was originally introduced in 2022, dubbed the “New Jersey Fair Workweek Act.”  The proposed law is intended to provide certain New Jersey employees with more flexibility and stability in their work schedules and protection from employer retaliation for seeking schedule changes. The employees who would be covered by the law are limited to overtime-eligible employees who work for a “covered establishment.”  A “covered establishment” is defined in the bill as “a mercantile establishment, hospitality establishment, restaurant establishment, warehouse establishment, or other establishment of the business which owns or operates any of these establishments.”  In addition, employees who work for a hospitality establishment and are paid on an hourly basis would also be covered, regardless of whether they are paid overtime.

If enacted, the bill would protect employees from retaliation from their employers for requesting a change to their work schedules. Employers would also be required to act in good faith when considering such requests and to accommodate such requests, if possible.

In addition, the proposed law would require employers to provide “more predictable and stable schedules.”   For the purposes of this bill, “employer” is defined as any employer who employs workers at a covered establishment that employs 250 or more employees worldwide, regardless of where those employees perform work.

The bill would also mandate that upon an employee’s hire, the employee give the employer a written request of the employee’s preferred schedule, and that the employer provide a good faith estimate of the employee’s projected schedule.  Employers would also be required to post and notify employees of their schedule at least 14 days in advance of the start of the work period. Further, should the employer need to make a change to the employee’s schedule, the revision would need to be posted within 24 hours of making the change.

Employees would also receive protection under the proposed law from having to work shifts that are not posted.  In addition, employees would be entitled to “predictability pay” for work schedule changes that are made contrary to the advance notice provisions of the law. The same would require the employer to pay the employee additional compensation of 1 to 1 ½ hours of the employee’s regular hourly rate for each late schedule change. Additionally, the proposed legislation would compel employers to first consider increasing shifts of existing employees before hiring new employees to perform the same tasks.

The proposed law would also offer employees who suffer retaliation for exercising their rights under this law to bring a civil action against the employer. Damages available to the employee for such violations would be the same as those available for violation of New Jersey Wage law (pursuant to N.J.S.A. 34:11-4.10), which includes lost wages, plus a penalty of up to 200 percent of the wages due and reasonable attorney’s fees.

The bill was referred to the Senate Labor Committee earlier this year and awaits review and consideration by that committee. While this proposed law is far from being passed and enacted into law, if it does eventually become law, it would be a tremendous workplace improvement for many New Jersey workers.

En nuestra firma hablamos español. This blog is for informational purposes only.  It does not constitute legal advice, and may not reasonably be relied upon as such.  If you face a legal issue, you should consult a qualified attorney for independent legal advice with regard to your particular set of facts.  This blog may constitute attorney advertising.  This blog is not intended to communicate with anyone in a state or other jurisdiction where such a blog may fail to comply with all laws and ethical rules of that state of jurisdiction.