New laws, New Jersey | Constangy, Brooks, Smith & Prophete, LLP

Emily Parkin

Some new employment laws are taking effect in New Jersey in 2022. Here is a summary.

Age discrimination under the NJLAD. The age discrimination provisions of the New Jersey Law Against Discrimination have been amended to be more protective of the rights of older workers. The NJLAD had an upper cap of age 70. For example, it would have been legal under New Jersey law to terminate a 72-year-old because of her age.

But as of 2022, the age cap on the NJLAD has been removed. Because the NJLAD has never had a minimum age, individuals will be able to sue their employers for age discrimination no matter what their age.

(The federal Age Discrimination in Employment Act applies only to individuals who are 40 years old or older, with no cap.)

Employee notification of use of tracking devices. Effective April 18, New Jersey employers will be required to provide written notification to employees if the employers use “tracking devices” or “electronic communications devices” on vehicles that belong to the employee or to the company. Written notification is required but not employee consent.

A “tracking device” is defined as one that is used or intended to be used “for the sole purpose of tracking the movement of a vehicle, person, or device.” An “electronic communications device” is “any device that uses electronic signals to create, transmit, and receive information, including a computer, telephone, personal digital assistant, or other similar device.” State and local governments, correctional institutions, some other governmental entities, and public transportation systems are exempt from the notice requirements, as are private employers who use tracking or electronic communications devices solely for expense reimbursement purposes.

A first violation is punishable by a fine of up to $1,000. The fine for each subsequent violation is up to $2,500. Employees have no private right of action.

Required posters for 2022. A free Employer Poster packet from the New Jersey Department of Labor is available here (at the link, click on “Employer Poster Packet,” and then click on “Additional Required Posters”). The posters must be placed in conspicuous locations. We also recommend that the posters be made available electronically for employees who work remotely.

Some posters must be displayed in each language spoken by at least 10 percent of the employer’s workforce, and some must be distributed individually to each employee.

Christopher Blair recently joined Constangy after getting his law degree from DePaul University.

https://www.jdsupra.com/legalnews/new-laws-new-jersey-5193680/

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