The New Jersey Civil Justice Institute strongly opposes the so-called “wage theft” bill the Assembly Labor Committee is holding a hearing on Monday. A862 does much more than protect employees against wage theft, which is, of course, already illegal. As amended, this bill would impose massive penalties on businesses who make well-intentioned errors on contentious questions, like the independent contractor/employee distinction, and would provide a backdoor for getting all the worst aspects of the pending “paid sick leave” legislation enacted. Continue reading
The New Jersey Civil Justice Institute strongly opposes the so-called “wage theft” bill the Assembly Judiciary Committee is holding a hearing on today. A862 does much more than protect employees against wage theft, which is, of course, already illegal. As amended, this bill would mess with the definition of “independent contractor” and provide a backdoor for getting all the worst aspects of the pending “paid sick leave” legislation enacted.
The New Jersey Senate has scheduled a vote on S799, which would require all businesses in the state to offer their employees paid sick leave, for this coming Monday, May 9. Under this bill, employers will have to prove in a court of law that they had a legitimate business need to change the schedule of an employee who calls in “sick” every Monday after the Giants have a home football game. Even if a jury agrees that such a schedule change is warranted, the employer will have spent thousands of dollars proving its innocence, costs that will undoubtedly be passed on to consumers in the form of higher prices. Continue reading
Op-Ed: Guilty Until Proven Innocent — Unprecedented Challenge for NJ Businesses
Marcus Rayner | NJ Spotlight
One of the core tenets of the U.S. legal system is that criminal defendants are presumed innocent until proven guilty. Defendants are not required to lift a finger or open their mouths in their own defense. On the civil side of things, both the plaintiff and the defendant have the responsibility to show up in court and present evidence, but typically the plaintiff has the burden of proving that the wrongs they allege are more likely to have occurred than not.
Right now two important bills, one working its way through the Legislature, and one already on the governor’s desk, would flip this age-old system on its head in the employment context so that when an employee sues an employer, the employer would have the burden of proving its innocence
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The New Jersey Senate once again delayed a vote on the merits of S799, which would require all businesses in the state to offer their employees paid sick leave, choosing instead to amend the bill and hold it for further consideration. Continue reading
On Monday, two important bills working their way through the legislature, the paid sick leave bill and the equal pay bill, will be voted on. If enacted, these bills would presume employers are guilty when a lawsuit is brought against them unless they can prove their innocence. This is an unprecedented change to our legal system.
The New Jersey Civil Justice Institute will be testifying against three bills on Monday. Continue reading
On Thursday, the full Senate is taking a vote on two bills the NJCJI is opposing because they open New Jersey businesses up to excessive liability. If you have questions or comments about either of these bills, please contact Alida Kass, NJCJI’s chief counsel. Continue reading
A selection of the need-to-know civil justice news for the week of December 12-18. Continue reading
On Thursday, December 17, the New Jersey Senate voted 22-17 to pass S785, which would require businesses in the state to offer their employees paid sick leave. NJCJI opposed this legislation because the highly prescriptive structure of the bill, compounded by the incentivized litigation enforcement mechanism, will deprive employers of the necessary flexibility to manage their business and respond to suspected abuse if it is enacted. Continue reading