Controversy continues to stir over the growing number of municipal sick leave laws in the State of New Jersey.  To date, nine such localities—Bloomfield, East Orange, Irvington, Jersey City, Montclair, Newark, Passaic, Paterson and Trenton— have required employers to provide paid sick leave to their employees.  No other state in the nation has anywhere near that number of municipal sick leave laws.

Several businesses in New Jersey have voiced concerns about this trend.  Chief among those concerns is the challenge facing a statewide business trying to comply with a diverse patchwork of municipal laws.  As we recently reported, the New Jersey Business and Industry Association (“NJBIA”) filed a lawsuit in state court challenging Trenton’s sick leave law on constitutional grounds.  Last week, the Court tossed the complaint, finding the law had a “rational basis” reasonably related to the promotion of public health.  NJBIA has not stated if it will appeal.

At the same time, the New Jersey Legislature has battled over whether municipalities should regulate sick leave and other conditions of employment.  On the one hand, legislators in the State Senate and Assembly have proposed legislation (S2865/A4363) that would prohibit municipalities from mandating paid sick leave for private employers.  On the other hand, legislators in the State Senate and Assembly have introduced legislation (A2354/S785), which would require paid sick leave statewide but not preempt any of the state’s municipal laws.

As this debate continues to evolve, we will keep you apprised of any new developments.

Photo of Joseph O’Keefe Joseph O’Keefe

Joseph C. O’Keefe is a partner in the Labor & Employment Law Department and Co-Head of the Restrictive Covenants, Trade Secrets & Unfair Competition Group.

Joe is an experienced trial lawyer who, for more than 30 years, has litigated employment disputes of all…

Joseph C. O’Keefe is a partner in the Labor & Employment Law Department and Co-Head of the Restrictive Covenants, Trade Secrets & Unfair Competition Group.

Joe is an experienced trial lawyer who, for more than 30 years, has litigated employment disputes of all types on behalf of employers, before federal and state courts, arbitral tribunals (e.g. FINRA and AAA), and state and federal administrative agencies throughout the U.S. Joe has litigated employment-related lawsuits alleging breach of non-compete agreements, theft of trade secrets, discrimination, sexual harassment, whistleblowing, wage and hour violations, Title IX violations, breach of contract, defamation, fraud and other business related torts. Joe’s practice includes representing clients in complex class and collective litigation, including alleged violation of state and federal pay equity laws, violations of wage and hour laws and discrimination claims. Joe’s experience includes appellate work in both federal and state courts.

In addition to his extensive litigation practice, Joe regularly advises employers, writes and speaks on a wide range of employment related issues. He counsels clients concerning pay equity, use of Artificial Intelligence in the workplace, management of personnel problems, ADA/FMLA compliance, reductions in force, investigation of employee complaints, state and federal leave laws, wage and hour issues, employment policies and contracts.

Joe represents employers in a variety of industries including financial services, higher education (colleges and universities), pharmaceuticals/medical devices, health care, technology, communications, fashion, consumer products, publishing, media and real estate. He frequently writes articles concerning developments in the law and speaks at seminars concerning legal developments in the labor and employment law field.