I. State Issues
a. Acting Governor Oliver Signs Law Prohibiting Inquiries about Worker’s
Wages
Yesterday, Acting Governor Oliver signed into law A-1094, which prohibits all employers from asking about workers’ wage and salary history. Specifically, the new law makes it an unlawful employment practice for an employer to screen a job applicant based on their salary history, including but not limited to prior wages, salaries or benefits or require the applicant’s salary history to satisfy any minimum or maximum criteria. An employer may still consider salary history in determining salary and benefits, may verify the applicant’s salary history only if the applicant voluntarily provides such information and can request the applicant provide written authorization to confirm salary history after offer of employment.
This new law will not apply for internal transfers or promotions; any attempt by an employer to obtain or verify a job applicant’s non-salary related background information provided that the employer must specify that salary history cannot be disclosed; inquiries regarding an applicant’s previous experience with incentives, commission plans and terms and conditions of the plans; or any actions taken by an employer pursuant to any federal law or regulations that expressly requires the disclosure or verification of salary history.
An employer is not prohibited from offering the applicant information regarding wage or salary rates set by a collective bargaining agreement or by civil service or other laws. Also, an employer is not prohibited from paying those rates if the applicant is hired. An employer is also not prohibited from acquiring salary history information that is publicly available; however that information cannot be retained or considered when determining salary, benefits or compensation.
Any employer who violates this new law can be liable for civil penalty of maximum $1,000 for first violation, $5,000 for second violation and $10,000 for each subsequent violation.
We suggest you review this new law, which takes effect on January 1, 2020, with your administrator and labor counsel.
Contact: Lori Buckelew, Senior Legislative Analyst, lbuckelew@njlm.org, 609-695-3481 x112.
b. Governor Signs Major Events Coordinator Law
On Tuesday, Governor Murphy signed P.L. 2019, c. 198 which designates the Secretary of State as the Major Event Coordinator. The Secretary of State will provide a consolidated one-stop centralized location of information and assistance for persons planning to host major events that will increase tourism to New Jersey by providing assistance with permits, licensing and compliance with State laws and regulations. The new law defines “major event” as events that “increase tourism to New Jersey and generate significant, immediate or long-term economic, social and cultural benefits to the State, attract significant numbers of participants and spectators, or have a national profile outside of the region in which it is being run, and generate significant media coverage in markets of interest for tourism.” This new law took effect on July 23, 2019.
Contact: Lori Buckelew, Senior Legislative Analyst, lbuckelew@njlm.org, 609-695-3481 x112.
c. New Law Requires Property Tax Bills to Include Eligibility Information
on State Tax Relief Programs
Last week Governor Murphy signed into law A-1048, which requires property tax bills to contain eligibility information on State tax relief programs. P.L. 2019, c. 186 requires that the property tax bills include a link to the Division of Taxation’s website where a listing of and eligibility requirements for various State property tax relief programs can be found. While the law took effect immediately it will apply to property tax bills printed after September 17, 2019. We thank the sponsors for amending the bill to require a link to the information on the Division of Taxation’s website instead of the original requirement that municipalities include a listing and eligibility requirements with each property tax bill.
Contact: Lori Buckelew, Senior Legislative Analyst, lbuckelew@njlm.org, 609-695-3481 x112.
d. County Board of Freeholders Can Increase Board of Election
Membership
Last week Governor Murphy signed into law A-5162, which permits the county board of chosen freeholders, by a majority vote of the full membership, to increase the membership of the board of elections from four to six members. The two new members must be legal voters in the county and consist of equal representation of political parties. The initial nomination and appointments to increase the membership must be made no less than ten business days following the adoption of the increase by the board of chosen freeholders. This new law took effect July 19, 2019.
Contact: Lori Buckelew, Senior Legislative Analyst, lbuckelew@njlm.org, 609-695-3481 x112.
e. New Law Changes Advertisement Requirements for Polling Locations
A new law signed by Governor Murphy last week removes the requirement to include the physical location of each polling location in the mandatory polling location advertisement. Instead P.L. 2019, c. 170 requires that the advertisement include a link to view the polling place location information on the Division of Elections website. This new law took effect on July 19, 2019.
Contact: Lori Buckelew, Senior Legislative Analyst, lbuckelew@njlm.org, 609-695-3481 x112.
f. Supreme Court Looks to Change Rules to Periodically Dismiss Older
Municipal Court Complaints
Earlier this year the Supreme Court issued an Order dismissing nearly 800,000 unresolved complaints on minor municipal court matters. (See, item d. in our weekly roundup from January 18, 2019). The Order also referred the issue of future dismissal of such minor municipal matters to the Municipal Practice Committee for them to examine the possibility of expanding the types of matters to be dismissed and to develop a process for the periodic review of dismissal of open, dated municipal court matters.
Following this Order the Municipal Practice Committee released its Supplemental Report that recommends amending court rules to require the dismissal of certain complaints more than ten years old. This rule change would lay the groundwork necessary for the use of periodic dismissal protocol which the Committee has recommended to be developed by the Administrative Office of the Courts.
In seeking to adopt this rule change the Supreme Court issued a Notice inviting public comments. Written comments must be submitted by August 9, 2019. Further information on how to comment can be found in the Notice.
Contact: Frank Marshall, Esq., League Staff Attorney, fmarshall@njlm.org, 609-695-3481 x137.
g. Governor Signs Bill Removing Obstacles to Land Preservation
Last week, Governor Murphy signed into law S-1707 which exempts governmental entities acquiring lands for open space located in deed-authorized common interest communities from paying community fees, if at the time of accusation, the community has never been formed or has been dissolved or discontinued. This new law took effect July 19, 2019.
The League supported this common sense bill as it eliminates unnecessary covenants to promote and encourage open space land preservation. We would like to thank the sponsors of this bill, Senators Oroho, Bateman, Space, Andrzejczak, and Wirths, for the work on this important issue.
Contact: Frank Marshall, Esq., League Staff Attorney, fmarshall@njlm.org, 609-695-3481 x137.
h. Pension Forfeiture Bill for Sexual Assault Convictions Signed into Law
Last week, Governor Murphy signed into law A-3766, which requires a public officer or employee to forfeit their pension upon a conviction for corruption of public resources, sexual contact, lewdness, or sexual assault when the offense involves or touch upon public office or employment.
This law augments already existing law that requires pension forfeiture upon conviction
s for crimes against the public trust to include these additional crimes.
Contact: Frank Marshall, Esq., League Staff Attorney, fmarshall@njlm.org, 609-695-3481 x137.
i. Council on Local Mandates Holds Hearing in Challenge to Vote-by-Mail
Law
As you may be aware, the New Jersey Association of Counties is challenging as an unfunded mandate before the Council on Local Mandates, P.L. 2018 c. 72, which requires county clerks to furnish mail-in ballots to all qualified voters in future elections without further request. In response to this challenge the State, through the Attorney General’s office, filed a motion to dismiss, and on Wednesday the Council held a hearing on this motion.
The League is closely monitoring this challenge as P.L. 2018 c. 72 will likely increase the costs passed on by counties to municipal governments for certain elections. There is no timeline for the council to issue a ruling on the State’s motion, and a ruling against dismissal does not end the case. The Council will still need to review the challenge on the merits.
We will continue to provide you updates as the case moves forward. In the meantime, for more information and to read the filing by both parties please visit the Council on Local Mandates website.
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