Effective June 2011 New Jersey Will Prohibit Employers From Bias Against Unemployed In Job Advertising

Posted on May 23, 2011 by Kathryn Dugan

Effective June 2011, New Jersey will have a new law which will penalize employers for advertisements that show bias against unemployed persons.  Specifically, N.J.S.A. 34:8B-1 et seq., which was signed into law by Governor Christie on or about April 24, 2011, prohibits businesses from knowingly or purposefully publishing, in print or on the internet, advertisements for any job openings in New Jersey that include one or more of the following:

  1. A provision stating that the qualifications for a job include current employment;
  2. A provision stating that the employer or employer’s agent, representative, or designee will not consider or review an application for employment submitted by a job applicant currently unemployed; or
  3. A provision stating that the employer or employer’s agent, representative, or designee will only consider or review applications for employment submitted by job applicants who are currently employed.

While the new law is intended to protect job applicants, it does not create a private cause of action against an employer who has violated, or is alleged to have violated, the provisions of the act.  However, the act does authorize the New Jersey Commissioner of Labor to bring a summary proceeding against any business which violates the act.  Violators will be subject to a civil penalty of up to $1,000 for the first offense, up to $5,000 for the second and up to $10,000 for each subsequent offense.

Employers should immediately review and revise their advertisements for job openings to ensure that the advertisements comply with the new law and do not subject themselves to potential fines by the New Jersey Commissioner of Labor.

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Now That Summer Has Arrived, Many New Jersey Employers Are Asking: What Are My Company's Obligations With Regard to Employing Child Labor?

Posted on June 28, 2010 by Steven I. Adler


The United States Department of Labor has just announced that it is raising fines for employers that illegally employ child workers. Under its new, tougher penalty structure, employers who illegally employ minors will face penalties of up to $11,000 per worker for each violation. When children work, the work must be age appropriate, safe and it must not interfere with their schooling.

No minor under the age of 18 may work in hazardous jobs. Similarly, no minor under the age of 16 may work in, about or in connection with, power driven machinery.

With regard to hours of employment, with limited exceptions, no minor under 18 may work more than six consecutive days in one week, more than 40 hours in one week or more than eight hours in a day. No minor between 16 and 18 may work before 6 a.m. or after 11 p.m. They may, however, work after 11 p.m. during school vacations and on days which do not precede a regularly scheduled school day, provided they have written permission from their guardian. Similarly, they may work in a seasonal amusement or restaurant after 11 p.m. and into the following day if they start their shift before 11 p.m. either during any regular school vacation period or on workdays which do not begin on a day which precedes a regularly scheduled school day. However, under no circumstances may a minor between 16 and 18 work after 3 a.m. or before 6 a.m. on a day which precedes a regularly scheduled school day.

With regard to breaks, no minor under the age of 18 may be employed or allowed to work for more than five continuous hours without at least a thirty (30) minute lunch break.

There are also special schedule posting and recordkeeping requirements for minors, and employers are subject to criminal penalties for violating either state or federal wage and hour laws relating to minors. Each day, and with respect to each minor, constitutes a separate offense. Finally, minors may sue employers in court for work related injuries, unlike adults who must bring a workers' compensation claim.

Considering that state wage and hour laws may differ, employers outside New Jersey need to consult their state's laws.
 

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