NJ Rates to Rise in 2024

New Jersey is set to become one of a handful of states with a minimum wage of at least $15/hour on January 1, 2024 when the rate increases to $15.13/hour, surpassing the goal set by Governor Murphy and the Legislature in 2019. 

Voluntary Departure

A student attending college and working full time was permitted temporary disability benefits despite the alleged defense of "Voluntary Departure" from the workforce. The court's decision is unsurprising since that terminology is absent from the Workers’ Compensation Act.

Municipal police officers’ health contribution not based on temporary disability

Municipal police officers' contributions to their health benefits plans could not be based on the rate of their temporary disability benefits. The purpose of workers’ compensation temporary disability benefits is to provide an injured worker with a partial wage to replace wages because of a work-related accident.

"Made in America" Will Impact Workers' Compensation Nationally

Today, President Biden signed the Executive order, Made in America.”  The effort to move manufacturing jobs back to the United States will have a major impact going forward for the entire workers' compensation system. This initiative will expand the workforce and expand the potential of a major increase in workers' compensation benefits through increased wages/rates and premiums paid for coverage and all related cottage industries involved in the social insurance program.

NJ Supreme Court Rules Truck Drivers Entitled to Overtime Pay

Plaintiff Elmer Branch brought a putative class action against his employer, defendant Cream-O-Land Dairy, on behalf of himself and similarly situated truck drivers employed by defendant, for payment of overtime wages pursuant to the New Jersey Wage and Hour Law (WHL). In this appeal, the Court considers whether defendant could assert a defense to the action under N.J.S.A. 34:11-56a25.2 based on its good-faith reliance on certain determinations by employees of the Department of Labor and Workforce Development (Department) that defendant is a “trucking industry employer.”

Underpayment of Wages Impact Workers’ Compensation Claims

The underpayment of wages due workers impacts the calculation of benefits that injured workers and their dependents receive. States are now enforcing laws when inadequate wages have been paid workers.

New Jersey Applies for Lost Wages Assistance Funds

The New Jersey Department of Labor and Workforce Development submitted an application today to the Federal Emergency Management Agency (FEMA) for Lost Wages Supplemental Assistance (LWA), which provides limited additional benefits to many of the state’s unemployed workers.

NJ Governor Murphy Signs Sweeping Legislative Package to Combat Worker Misclassification and Exploitation

Acting on his commitment to support and uplift New Jersey workers, Governor Phil Murphy today signed a legislative package combatting worker misclassification and exploitation. The bills will crack down on employee misclassification in businesses by allowing stop-work orders against employers violating state wage, benefit, and tax law; providing assessment of penalties for violations in connection with misclassification of employees; and requiring employers to post a notice for their employees regarding employee misclassification, among others.

Fighting Wage Preemption: How Workers Have Lost Billions in Wages and How We Can Restore Local Democracy

Today’s post is shared from nelp.org

Local governments, like cities and counties, have long implemented local policies—including higher minimum wages—to improve economic conditions.

Local efforts to raise the wage floor have seen a tremendous upsurge over the past six years, mostly as a result of the Fight for $15 movement, which began in late November 2012 in New York when fast food workers walked off the job, demanding

$15 and a union. The movement quickly spread throughout the country, and its impact has been remarkable: More than 40 cities and counties have adopted their own minimum wage laws, and as of late 2018, an estimated 22 million workers have won $68 billion in raises since the Fight for $15 began.

In response to this explosion in local minimum wage activity, a number of states— particularly those with conservative legislatures—have sought to shut down these gains by adopting “preemption” laws that prohibit cities and counties from adopting local minimum wages, as well as a wide range of other pro-worker policies. The state preemption of local minimum wages disenfranchises workers and exacerbates racial inequality when it disproportionately impacts communities of color who are overrepresented among low-wage workers1 and who often represent majorities in our cities and large metro areas.

The most significant force behind the recent wave of preemption laws nationwide is the corporate lobby. Failing to stop the adoption of local pro-worker laws, the corporate lobby has persuaded state-level lawmakers to revoke the underlying local authority to adopt such policies, in some cases rolling back wage increases that were already enacted by city and county governments. In doing so, the corporate lobby has not only captured the political lever closest to the people (their city or county government), it has also hampered the democratic process at its most intimate level.

A total of 25 states have statutes preempting local minimum wage laws. To date, 12 cities and counties in six states (Alabama, Iowa, Florida, Kentucky, Missouri, and Wisconsin) have approved local minimum wage laws only to see them invalidated by state statute, harming hundreds of thousands of workers in the process, many of whom face high levels of poverty.

Click here to read more

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.

New Penalties Proposed for Employers

Employers who fail to maintain or file reports of accidents, wages, benefits to taxes will be subject having their license suspended or revoked under a proposed rule. The proposed rule published by The Department of Labor and Workforce Development (NJDOL) will empower NJ to strictly enforce compliance including compliance with the workers compensation law, NJSA 34:15-1, et seq.

US Wages Increase

Compensation costs for civilian workers increased 0.7 percent, seasonally adjusted, for the 3-month period ending in March 2019, the U.S. Bureau of Labor Statistics reported.

NJ Governor Murphy Signs Legislation Providing Information on Public Works Projects

Nj Governor Phil Murphy today signed S3129 into law, which will require the Commissioner of the Department of Labor and Workforce Development to create a list of labor organizations that represent workers who engage in public work projects. 

NJ Monitors Wages: A Benefit for Injured Workers

NJ Labor Department’s recent crackdown on unscrupulous public works Contractors will help injured workers obtain the correct benefit amounts should they suffer a work-related accident. Workers’ compensation benefits are based on wages at the time of the injury.

The New Jersey Department of Labor and Workforce Development’s Wage and Hour Compliance Division has barred two public works contractors from doing business in the state for violations in other jurisdictions, heralding a tough and progressive new enforcement approach against dishonest contractors.

The cases against drywall contractor P& B Partitions and electrical contractor MJK Electrical Corp., both of West Berlin, were settled last month, with each contractor agreeing to a temporary revocation of their registration for violations outside prevailing wage law.

“As I have often said, working on public projects is a privilege, not a right,” said Labor Commissioner Robert Asaro-Angelo. “These cases signal a new and bold effort to ensure that privilege is extended only to contractors who follow our laws, and pertinent laws in other jurisdictions.” P & B Partitions’ two-year revocation follows a civil action in Massachusetts in which the company allegedly failed to pay proper overtime, resulting in $158,139 in back wages and $42,350 in penalties as a result of a ULDOL investigation under the Fair Labor Standards Act.

The case was a consequence of a Memorandum of Cooperation signed by Asaro-Angelo and USDOL officials to solidify cooperation between the two agencies and enhance the enforcement capabilities of state and federal labor laws. In the case of MJK Electrical, the Labor Department’s enforcement action followed a guilty plea by the firm’s vice president, George Peltz, to federal tax evasion, failing to pay payroll taxes, theft from an employee benefits plan, and unlawful payments to a union official.

The company, which indicated its intent to buy out Peltz, agreed to a three-year registration revocation, ending in March of 2022. New Jersey already has one of the strongest prevailing wage laws in the country. The Public Works Contractor Registration Act, N.J.S.A. 34:11-56.48, et seq., requires all contractors, including named subcontractors, to register with the Labor Department before submitting price proposals or engaging in public works contracts exceeding the prevailing wage threshold of $15,444 for municipalities and $2,000 for non-municipal work.

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Equal Pay for Equal Work Now Law in New Jersey - Legislation Signed

NJ Governor Murphy Signs Historic, Sweeping Equal Pay Legislation that will balance the playing field for women receiving workers' compensation benefits for occupational injuries and illnesses.

NJ Corrections Officers Are Entitled to Supplemental Benefits

NJ Corrections officers and other designated safety officers are now entitled to supplemental payments equating to full salary while on Workers’ Compensation temporary disability benefits. Recent legislation that was effective as of October 17, 2017, requires certain employers to make supplemental payments so that full salary is received by the injured workers.

NJ Governor Murphy signs Executive Order Promoting Equal Pay, Gender Equity

In his first official act after being sworn in, Governor Phil Murphy today signed an executive order combating gender inequality and promoting equal pay for women in New Jersey. He was joined by legislators, officials, activists, and community members all involved in the fight for gender equity and equal pay.

Declining Earnings Capacity - A Retrogressive Penalty for Ill Workers

The decline of the earning capacity of ill workers prior to stopping work has an impact on both workers' compensation benefits as well as Social Security disability benefits. It is  a retrogressive penalty for chronically ill workers.

The Social Security Administration in a recent report objectively reports this phenomena.

Arkansas Supreme Court rules donning and doffing activities are on the clock

The Arkansas Supreme Court ruled that putting on and taking off work clothes is considered work and compensation should be paid for the time performed doing these tasks.

Consequences of Increasing the Minimum Wage

The national wave toward raising the statutory minimum wage to $15.00/hour is going to have major consequences for the ailing national network of workers' compensation programs. Not only is it going to increase benefits for injured workers that are calculated on wages, but it is also going increase much needed premium dollars for insurance companies whose premiums are based on payroll costs.

NJ Corrections Officers Seeks Benefits Above Workers’ Compensation

   Legislation now pending before the NJ State Assembly (A2347) would establish a compensation program for State corrections officers, juvenile corrections officers, and juvenile detention officers who suffer bodily injury as the result of a riot or assault by the inmates or detainees under their custody and care. The bill also establishes a compensation program for parole officers who suffer bodily injury as the result of an assault committed by an adult or juvenile parolee under their supervision.