New State Workplace Laws: Some Surprises

Not a surprise: Some states are raising the minimum wage to $15 per hour (New Jersey, Maryland, and Illinois), making a total of six states. These laws have various phase-in periods—mostly in the 3-5 year range.

Biggest surprise? New Jersey creates a tax-qualified IRA option for private sector workers. This is not a glamorous idea but it is highly significant.

New Jersey lawmakers passed a law that creates the New Jersey Secure Choice Savings Program. The program requires businesses with at least 25 workers to take part in a retirement savings program funded through payroll deductions that gives workers the opportunity to invest in an Individual Retirement Account administered by the state.

Employees at any size company can choose to partake in the program, and workers at businesses with 25 workers or more who are automatically enrolled can opt out if they choose.

Gov. Phil Murphy explained: “Saving for retirement is paramount for all employees, but too often, those who work for small businesses don’t have a simple way to set aside these savings. By creating the Secure Choice Savings Program, we are ensuring that every worker in New Jersey will have the opportunity to save for the future.”

New Jersey also passed a law (S.B. 121) which bars businesses from including mandatory nondisclosure provisions in either employment contracts or settlements that prevent employees from speaking out about discrimination, retaliation or harassment they claim to have endured at work. New Jersey joins California and New York on this legal front.

New Mexico has enacted new workplace protections for nurses. The Safe Harbor for Nurses Act, protects registered and licensed nurses in health care facilities from any adverse employment actions if they refuse an assignment because they believe it endangers patient health or flouts their legal duties under the Nursing Practice Act. In other words, New Mexico allows nurses to make a good-faith request to reject an assignment.

New York enacted a law in 2019 to increase trans rights (Gender Expression Non-Discrimination Act, or GENDA). The law prohibits discrimination based on a person’s gender identity or gender expression. The law also expanded the definition of a hate crime to include protections for trans people.

Finally, Kentucky’s legislature just passed a law to provide pregnant employees more protections. The law would prohibit businesses from refusing to provide reasonable accommodations to employees who are pregnant, or had a baby or have a medical condition related to pregnancy, unless the employer shows the accommodation would pose an undue hardship. Accommodations include modified work schedules, time off post-childbirth and a dedicated space to breastfeed. It will not become a law until Gov. Bevin signs it.

Source for post: Vin Gurrieri, State Of The States: New Employment Laws So Far In 2019 (March 29, 2019), in Law360.