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Legislative Affairs

    HRMA’s Legislative Affairs Committee monitors pending legislative, regulatory and legal action at the federal, state, and local level that may have an impact on the management of human resources. The committee also encourages active participation in shaping legislation impacting the HR profession.

    HRMA Members are informed of impending legislative changes at chapter dinner meetings and through programs on topics in this area.

    December 2017 Update

    Click here for legislative update regarding​ ​Wild v. Carriage Services, 2017 WL 4030576 (D.N.J. 2017) The NJ Courts’ first foray into medical marijuana in the employment setting)


    June 2017 Update

    September 2017 Update

    Click here for legislative update regarding decision in case of Yeager v. Covenant Security Svcs.


    June 2017 Update

    Click here for legislative update regarding decision in case of Marrin v. Capital Health Systems focused on complying with NJLAD and FMLA requirements when terminating an employee.


    January 2017 Update

    Click here for legislative update regarding FMLA associated court decision in case of Ross v. Youth Consultation Service, Inc., focused on employer notification obligations


    September 2016 Update

    Click here for an article discussing the NJ Supreme Court's ruling regarding protections under LAD, reminding employers to be careful terminating an employee based upon issues surrounding a divorce; and be careful what you say, or put in e-mails regarding same.


    March 2016 Update

    Click here for an article discussing the bench trail jury waiver and whether it is a better alternative than arbitration..


    February 2016 Update

    Click here for an article discussing the NJ Appellate Court clarification of when employers can require medical examinations of employees.


    January 2016 Update

    Click here for an article discussing the NJ Department of Labor regulations regarding New Jersey's Opportunity to Compete Act (aka, "Ban the Box").


    June 2015 Update

    Click here for an article discussing a NJ Supreme Court ruling regarding theft of employer documents by employees.


    January 2015 Update

    Use of Independent Contractors May Be Harder to Defend

    Hiring an independent contractor instead of bringing on a new employee often seems attractive since contractors are not required to receive overtime, unemployment, disability, etc. However, employers with independent contractors should be cautious in light of a Supreme Court ruling.

    Recently, the NJ Supreme Court decided that New Jersey’s toughest test – the “ABC” test – should be the standard in resolving contractor complaints about wages and overtime.

    In Sam Hargrove, et. al. v. Sleepy’s, LLC, drivers delivering mattresses for Sleepy’s claimed the company was classifying them incorrectly, and, as result, not paying overtime required under wage and hour laws.  An attorney for the drivers argued the “ABC” test was the best way to determine whether a worker was an employee or an independent contractor. The court agreed.

    The “ABC” test is not new in New Jersey and is one of several tests that can be applied to determine employee status. It can, however, be challenging for employers.  Under this test an employer must establish that each independent contractor: (a) is free from direction and control; (b) provides a service outside the employer’s usual course of business or places of business; and (c) is engaged in an independently established trade, occupation or business.

    The “A” prong of the test is largely within the employer’s control. A true independent contractor would not be subject to the same work requirements as an employee who has set hours, is required to attend meetings, fills out company reports, and can be disciplined. While the “A” prong of the test typically does not cause employers too much angst, the “C” prong is problematic as it is largely outside a company’s control.

    A 1991 Supreme Court case, Carpet Remnant Warehouse v. New Jersey Department of Labor, provides direction in applying the “ABC” test and, in particular, the “C” prong. The Court determined that the C prong provides the best guidance for employers. Factors under the C prong include:

    • The duration and strength of the business or enterprise of the worker in question;
    • The number of customers the worker in question has and the volume of business generated by each;
    • The number of employees retained by the worker in question;
    • The tools, equipment, vehicles, etc. owned by the worker in question; and
    • The amount of compensation received by the worker in question from a particular employer versus that received from other customers.

    The NJ Department of Labor has posted excerpts from relevant court cases to assist employers in interpreting the “ABC test.” It also published the Worker Classification Questionnaire used by its auditors and investigators to evaluate if the relationship of an individual with an employer is that of independent contractor or an employee. This information is available by clicking here.

    In light of the NJ Supreme Court’s ruling, employers should review and familiarize themselves with this information, ideally with the help of counsel.


    November 2014 Update

    Trenton Sick Leave Ordinance Approved By Voters

    On Election Day, Trenton voters approved a ballot question which would require most private employers with workers in Trenton to offer paid days off. The ordinance is available by clicking here and takes effect in March (120 days following enactment). Montclair voters also approved a similar ordinance, bringing the total number of local sick leave ordinances to eight.                      

    The ordinance would apply to most private employees working in Trenton at least 80 hours a year -- excluding construction unions covered by collective bargaining, and other employees covered by collective bargaining agreements which waive paid sick leave requirements.                  

    The time could be accrued by both part-time and full-time workers at a rate of one hour of sick time for every 30 hours worked. Employers with 10 or more employees would have to provide up to five paid days each year.  Businesses with less would have to provide up to three paid days each year -- except for workers in child care, food service, and home healthcare who would be automatically entitled to five days.                                              

    All employees eligible for sick days would be permitted to carry over a maximum of 40 hours per year, regardless of their employer’s size. They would not, however, be able to use more than 40 hours in one year. Additionally, they would not be entitled to carry over any time if they were paid for the hours they did not use. Also, employees would not be eligible to use their days until working at least 90 days. While employers would be permitted to ask employees to confirm the use of the sick time in writing, they would not be able to require advanced notice more than seven days prior to an absence. Documentation could only be requested where an employee had used time on three consecutive occasions.                                                                                        

    The time provided by employers could be used:                    

              •    For an employee’s mental or physical illness, injury, health condition, or for  the diagnosis, preventative care, or treatment of such conditions.

              •    To care for a family member (defined as child, stepchild, foster child, child  of partner, parent, step-parent, parent-in-law, spouse, grandparent, grandparent’s spouse/partner, grandchild) with a physical or mental illness,  injury, health condition, or for the diagnosis, preventative care, or treatment, of a family member with such conditions.

    • For closure of the employee’s place of business by order of a public health official, or to care for a child whose school has been closed by order of a public health official.                     
    • To care for a family member when it has been determined by authorities that the family member’s presence in the community would jeopardize the health of others because of the family member’s exposure to a communicable disease, regardless of whether the family member has actually contracted the disease.                                                     

    Employers would have to provide their employees with a written notice explaining their rights at the beginning of employment, or “as soon as practicable” if the employees were already employed when the ordinance takes effect. Employers would also have to conspicuously display a poster explaining the ordinance in English and any other language which is the first language of at least 10 percent of the workforce. Records documenting employee hours and the time taken by employees would have to be kept (for an undefined period of time) and made available upon the city’s request. Failure to provide the records would create a rebuttable presumption that the ordinance has not been followed.  

    Although the ordinance states that it does not apply to Trenton employers with time-off policies that provide the minimum number of days required, it also says that the time must be awarded for the same purposes and conditions as the ordinance provides. As a result, it is likely that existing employer policies would need to be revised.  The ordinance also provides language to prohibit retaliation against employees exercising their rights. This could result in all Trenton employers – even those with policies – facing additional liability since the ordinance creates an explicit right to sue if an employee believes their rights have been violated. Employers could also face monetary fines.


    June 2014 Updates

    (1) Newark Paid Sick Leave.   Reminder: the law goes into effect on June 21, 2014.  Newark becomes the second N.J. municipality to require paid time off for private employees (the other being Jersey City).  Applies to all private employees working in the City of Newark for at least 80 hours per year, regardless of the size of the employer.  Employers with 10 or more Newark-based employees must provide up to 40 hours (i.e., 5 days) of paid sick leave over a calendar year, and employers with less than 10 Newark-based employees must provide up to 24 hours (i.e., 3 days) of paid sick leave over a calendar year. Employers are required to provide all covered employees with written notice explaining their rights under the ordinance upon their hire or, for current employees, as of June 21, 2014.  Notice not yet available.  Employers must also display a poster informing employees of their rights under the ordinance.  Poster can be found here: ci.newark.nj.us/business/paid_sick_time_ordinance.php.  The notice and poster must be in English and in any language that is the first language of at least 10% of the workforce.

    (2) Bill to Ban Discrimination Against Unemployed Job Applicants passes NJ Senate.

    PreviouslyN.J.S.A. 34:8B-1 - effective June 1, 2011, N.J. employers prohibited from stating in print or online job advertisements that applicants need to be currently employed.  Exceptions: advertisements can set forth job qualifications (that might have the effect of excluding the unemployed), such as necessity of current licenses or permits, minimum level of education/training/experience, or that only employer’s current employees will be considered for position.  Penalties: up to $1,000 (1st), $5,000 (2nd) and $10,000 (for each subsequent offense).  No private cause of action.

    Now – on May 12, 2014, N.J. Senate passed a bill making it unlawful for N.J. employers to discriminate against job applicants who are currently unemployed, with regard to hiring, compensation and conditions of employment.  No private cause of action.  Same fines as above apply.  Ok to inquire into the applicant’s employment history and circumstances surrounding separation from prior employment; consider job-related qualifications; and only consider current employees.  The bill needs to pass the Assembly before reaching Gov. Christie’s desk.

    (3) Our HR Director said/wrote what?

    We often say HR employees “know where the dead bodies are buried.”  Also, statements of HR employees can be attributed to the employer for purposes of establishing liability.  See below ….

    Makowski v. SmithAmundsen LLC  - disgruntled HR director’s statements to the RIF’d female employee admitted into evidence as an admission by a party-opponent.  What were the statements?  1) you were let go because you were pregnant and took medical leave; and 2) it might be a good idea to speak with a lawyer.

    Banthia v. Diagnostics – Email from lab manager to employer’s HR manager: “You will notice that the 3 individuals for which a demotion is possible are minority employees.”   Direct evidence of discrimination?

    Elam v. Regions Financial Corp., supervisor’s email to HR rep: “the 19 year old (pregnant girl) teller that I am having problems with.”  (emphasis in original).  E-mail then lists the performance deficiencies, and requests permission to discharge.  HR response says: “need to evaluate to be sure that our justification will hold-up due to the fact that she is pregnant.”  Evidence of discrimination?

    Metz v. Titanium Metals Corp. – HR Manager e-mail regarding the addition of a younger worker to plaintiff’s department to handle increased product volume: “he is a solid performer and will bring new fresh eyes and tools … new ideas to the area.”   Evidence of age discrimination?

    Wicks v. American Transmission Co. – VP of HR says to Plaintiff, at a bar, that executives felt she was “too feminine” for her job.  Evidence of discrimination?


    January 2014 Updates

    Pregnancy Accommodations Bill Now Law (Effective Immediately)

    Just before the end of the 215th Legislative Session, Governor Christie signed into law S-2995 (Weinberg) / A-4486 (Lampitt, Johnson) which provides that pregnant workers cannot be treated in a manner less favorable than other workers not affected by pregnancy, but similar in their ability or inability to work. Among its provisions, the law explicitly adds pregnancy to the list of protected classes named in the New Jersey Law Against Discrimination. The law takes effect immediately.

    It also clearly requires employers to make reasonable accommodations for pregnancy-related needs when requested by an employee with a doctor’s note (including, but not limited to, bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or hazardous work, for needs related to the pregnancy).  Likewise, it prohibits employers from penalizing pregnant employees in terms, conditions or privileges of employment for using an accommodation.

    Prior to the bill reaching the Governor’s desk, amendments were made to provide an exemption if a requested accommodation would cause an undue hardship on the employer.  In determining whether providing an accommodation would cause a hardship, the following factors should be considered by employers (preferably in consultation with counsel):

    ·         The overall size of the employer’s business with respect to the number of employees, number and type of facilities, and size of budget;

    ·         The type of the employer’s operations, including the composition and structure of the employer’s workforce;

    ·         The nature and cost of the accommodation needed, taking into consideration the availability of tax credits, tax deductions, and outside funding; and,

    ·         The extent to which the accommodation would involve waiver of an essential requirement of a job as opposed to a tangential or non-business necessity requirement.

    Long-Awaited Victory on NLRB Poster Rule

    In 2012 the National Labor Relations Board (NLRB) tried to require employers covered by the National Labor Relations Act – basically all private-sector employers – to post a new employee poster.  The poster informed workers of the right to organize, provided contact information for the NLRB, and provided information concerning basic enforcement procedures.

    Groups like the National Association of Manufacturers (NAM) challenged the posting rule.  In response, two federal appeals courts struck it down. The only remaining option for the NLRB would have been to appeal to the U.S. Supreme Court, but the NLRB declined, paving the way for a significant victory for the business community.

    In response to the loss, the NLRB continues to promote its free mobile app to provide information on worker rights and employer obligations under the National Labor Relations Act.

    While the poster remains on the NLRB website, employers are not required to display or disseminate it, provided that they are not non-exempt federal contractors and subcontractors covered under Executive Order 13496. That order requires non-exempt federal contractors and subcontractors post a notice informing their employees of their rights under the National Labor Relations Act.


    December 2013 Updates

    New Gender Equity Poster Required Beginning January 6, 2014

    In September P.L.2012, c.57 was signed into law to require employers with 50 or more employees to post a notice informing workers of their rights for equitable pay and prohibiting gender discrimination.

    Implementation of the law was delayed until an official notice and regulations were adopted by the NJ Department of Labor (DOL).  The rules are expected to be adopted on January 6, 2014.  As such, employers with 50 or more employees (whether those employees work inside or outside of New Jersey) must post and distribute a new notice of the right to be free of gender equity beginning on that date.

    Additionally, covered employers must:

    ·         Post the notice in a conspicuous place (which could include an intranet or Internet site exclusively used by employees and to which all employees have access).

    ·         Provide their employees with a copy of the notice:

     

    o    By February 5, 2014 (30 days after it is issued by the DOL);

    o    At the time of an employee’s hiring, if the employee is hired after January 6, 2014;

    o    Annually (on or before December 31 of each year); and,

    o    Any time an employee requests a copy of the notice.

     

    ·         Covered employers can provide the notice (in addition to posting it) through paycheck inserts, new hire packets, attachments to handbooks, flyers, intranet or Internet websites, etc.

    ·         Covered employers must receive signed acknowledgments that their employees have received and understand the notice. Employees are supposed to provide their signed acknowledgments within 30 days after they receive the information.

     


    Past Updates

    November 2013 Update

    Minimum Wage to Increase in New Jersey

    The minimum wage constitutional amendment on the New Jersey general election ballot passed 61 percent to 39 percent on November 5th.Now that the amendment has been approved, there are several important points for employers to consider:

    • Minimum wage will increase from $7.25 to $8.25 effective January 1, 2014.
    • A cost-of-living increase tied to the Consumer Price Index (CPI) will be added to the minimum wage each year, beginning September 30, 2014. (Although inflation rates this year have varied between 1.1 and 2 percent, higher rates could be possible in the future.)
    • On September 30 of each subsequent year, a cost-of-living increase will be added.
    • If the federal minimum wage rate (currently $7.25) is raised above the state rate, the state rate will be raised to match the federal rate. Future cost-of-living increases then would be added to that raised rate.

    NJ’s Unemployment Fund Finally in the Black

    The Christie Administration announced that New Jersey’s Unemployment Insurance (UI) Trust Fund will become solvent as of November 1, 2013. The financial improvements to the UI Fund are the result of several factors including:

    • Reforms to the misconduct criteria to deny or delay the payment of benefits for workers fired for cause;
    • Very aggressive fraud prevention efforts undertaken by the NJ Department of Labor;
    • The use of debit cards (rather than paper checks) for UI payments, as well as Temporary Disability and Family Leave Insurance payments; and,
    • A 2010 constitutional amendment to prevent any further diversions of money from the UI Fund.

    This means that employers will avoid a tax hike, and actually see a reduction in their Federal Unemployment Tax Act (FUTA) taxes. Here’s why:

    Since the Fund will return to solvency this November – and because it will likely remain solvent through November and December - employers will avoid a FUTA increase of $21 per employee when they pay FUTA for Calendar Year 2013 in January 2014. Additionally, because the UI Fund will be solvent through November, the FUTA rate paid by most New Jersey employers will go back to the basic rate of $42 per employee.

    By way of background, the FUTA rate kept increasing every year because the UI Fund was insolvent for the past few years. In January 2012, the rate paid by employers for each employee increased by $21 from $42 to $63. The next year, that amount went up by an additional $21 to $84 per employee. Had New Jersey not achieved Fund solvency by November 8, 2013, employers would have been hit in January 2014 with a $105 per employee tax (up by another $21).

    October 2013 Update

    On October 21, 2013, Jersey City enacted an ordinance that would require those that operate businesses in the City to offer time out of the office to their employees. The ordinance is available by clicking here and is expected to take effect on January 24, 2014, or when current collective bargaining agreements expire for those employees covered by them.

    The ordinance applies to any employee who works in Jersey City for at least 80 hours in a year. Under the ordinance, the time may be accrued by both part-time and full-time workers at a rate of one hour of sick time for every 30 hours worked. The ordinance requires employers with 10 or more employees to provide up to five paid sick days each year. Businesses with fewer than 10 employees would be required to provide up to five unpaid sick days each year. All employees eligible for sick days would be permitted to carry over a maximum of 40 hours per year, regardless of their employer’s size. Employees would not be eligible to use their days until they have worked for an employer for at least 90 days, unless the employer agreed otherwise.

    Under the ordinance, the time provided by employers could be used:

    · For an employee’s mental or physical illness, injury, heath condition, or for the diagnosis, preventative care, or treatment of such conditions.

    · To care for a family member with a physical or mental illness, injury, health condition, or for the diagnosis, preventive care, or treatment, of a family member with such conditions.

    · For closure of the employee’s place of business by order of a public health official due to a public health emergency, or to care for a child whose school has been closed by order of a public health official.

    · To care for a family member when it has been determined by authorities that the family member’s presence in the community would jeopardize the health of others because of the family member’s exposure to a communicable disease, regardless of whether the family member has actually contracted the disease.

    The ordinance likewise states that employers must provide their employees with a written notice explaining their rights at the beginning of employment, or “as soon as practicable” if the employees are already employed when the ordinance takes effect. Employers must also conspicuously display a poster explaining the ordinance in English and any other language which is the first language of at least 10 percent of the workforce (if the translation is made available by the City). Records documenting employee hours and the time taken by employees must be kept for three years and made available upon the City’s request. Failure to provide the records creates a rebuttable presumption that the ordinance has not been followed.

    Although the ordinance initially states that it does not apply to Jersey City employers with time-off policies that offer at least five days, it also provides that the time must be awarded under “the same conditions and purposes as prescribed by the ordinance.” As a result, it is possible that existing employer policies may need to be revised to follow the ordinance. Additionally, the ordinance provides that an employer cannot count sick leave as an absence that results in the employee being subject to discipline or any adverse action. This could result in all Jersey City employers – even those with policies – facing additional liability since the ordinance creates an explicit right to sue if an employee believes their rights have been violated.

    In terms of other penalties, employers may face fines of $100 for not properly notifying employees, and $500 for not displaying the poster. For more serious offenses, employers may face maximum fines of $1,250 and/or up to 90 days community service.

     

    September 2013 Update

    The New Jersey Security and Financial Empowerment Act ("NJ SAFE Act") was signed into law by Governor Christie on July 17, 2013. The law provides 20 days of protected leave for an employee who was the victim of domestic violence or sexual assault, or whose family member was the victim, as long as the leave is taken within one year of the incident. The law takes effect October 1, 2013 and applies to public and private employers who employ 25 or more workers over 20 weeks in the preceding 12 months.

    All employers covered under the NJ SAFE Act must conspicuously post a notice in their workplace advising their employees of the provisions of the law. A copy of the notice is available by clicking here.

     

    November 2012 Update

    New Jersey Enacts Posting and Notice Requirements on Pay Equality

    Recently, the New Jersey legislature passed a bill, A2647, implementing new notice requirements on employers of 50 or more employees. This new law requires employers to conspicuously post a notice advising workers of their rights to remain free of gender inequity or bias in pay, compensation or benefits or other terms or conditions of employment under the New Jersey Law Against Discrimination and the federal Equal Pay Act. Both laws prohibit wage or compensation discrimination based on gender.

    Timing of Notification

    Once the form notice is issued by the Commissioner of Labor and Workforce Development (Commissioner) and final publication is made in the New Jersey Register, employers are required to provide notification: (1) within 30 days; (2) at the time of hiring, if a worker is hired after issuance of the notice; (3) annually, on or before December 30 of each year; and (4) to an employee, anytime upon request.

    Form of Notification

    This written notification may be publicized in many forms, and is not limited to hard-copy documents. Employers may make written notification available via any one of the following ways:

    • e-mail delivery
    • printed material, including but not limited to the following means: as a paycheck insert, brochure, or information provided to new hires; as an attachment to an employee handbook or set forth in a flyer distributed to all employees at a company-wide meeting
    • intranet or internet Web site, provided that the site is for the exclusive use of workers, and all workers have access to the site. Employers who rely on this as a means for publication must provide notice to workers of the posting of this notification.

    Employers who employ workers who do not have a company e-mail address, or who do not have internet access, are advised to rely on distribution of the notification via printed material. This will limit any claims that an employee did not receive such notification because he or she did not have the required means.

    Notifications Shall Not Be Limited to English Language

    This notification shall be available in English, and Spanish, and any other language deemed by the Commissioner as the first language of a significant number of workers in the state, at the discretion of the Commissioner. Employers shall post and provide the notification in English and Spanish as well as any other language under which such notification is available and which the employer reasonably believes constitutes the first language of a significant number of the employer’s workforce. Employers who are uncertain as to whether a language is considered the first language of a considerable number of its employees are advised to post and provide such notice to avoid any liabilities or penalties in connection with this act.

    Employee Acknowledgment

    Employers must require all employees to sign and return an acknowledgment confirming that the worker has received the notification, and has read and understands its terms. Acknowledgments must be signed by the worker, either written or electronically, and returned to the employer within 30 days. Employers are advised to maintain these signed acknowledgment forms in the employee’s personnel file, or a file maintained by the employee’s supervisor.

    While the statute became effective on November 19, 2012, employers are not required to take any action until the Commissioner issues the form of notification by regulation. This process, which can take several months, involves publication of the proposed form of notice, a 60-day comment period and publication in the New Jersey Register, which would contain the final form of notification. Final publication in the New Jersey Register will trigger the employer’s posting and distribution requirements.

     

    April 2012 Update

    A message from the Department of Labor:

    The U.S. Department of Labor (DOL) recently released an updated version of its Health Benefits Advisor for Employers. This online resource outlines the federal laws that can affect health benefit coverage provided by group health plans. The Advisor explains the legislation, statutes and regulations in Parts 6 and 7 of Title I of the Employee Retirement Income Security Act of 1974 (ERISA). These laws include:

    • Consolidated Omnibus Budget Reconciliation Act (COBRA)
    • Health Insurance Portability and Accountability Act (HIPAA)
    • Mental Health Parity Act (MHPA) and Mental Health Parity and Addiction Equity Act (MHPAEA)
    • Newborns' and Mothers' Health Protection Act (Newborns' Act)
    • Women's Health and Cancer Rights Act (WHCRA)
    • Genetic Information Nondiscrimination Act (GINA)
    • Michelle's Law

    For more information:

    The Health Benefits Advisor for Employers is one of a series of elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors developed by DOL to help employers and employees understand federal employment laws and resources. To access all of the elaws advisors, visit the elaws Web site at www.dol.gov/elaws. To learn more about DOL’s efforts to assure the security of the retirement, health and other workplace related benefits of America’s workers and their families, visit www.dol.gov/ebsa.

    October 2011 Update

    The New Jersey Legislature recently amended the NJ Unemployment Compensation Law to require employers to provide specific instructions to separated employees in regard to unemployment benefits and their rights under the law. These instructions include notification to employees of the time sensitivity for filing a claim for benefits and benefit instructions including the date when the worker becomes unemployed , the duration of the unemployment and the date of an employee's recall to work, if any. An easy way to satisfy the requirements for an employer is by providing to the separated employee the NJ Department of Labor and Workforce Development's Form BC-10 which can be found on the NJ Department of Labor's website at http://lwd.dol.state.nj.us.

    On the federal level, H.R. 3094: the Workforce Democracy and Fairness Act ("Bill"), a Bill introduced on October 5, 2011 by the House Education and Workforce Committee Chairman John Kline (R-Minn.), was amended in Committee which then voted 23-16 to send it to the House for consideration. This Bill would amend the National Labor Relations Act ("NLRA") and NLRB procedures for resolving disputes over union representation of private sector employees. This Bill was in response to the NLRB's recent rulemaking which, if unchanged, would limit the amount of time that employers have to deal with an organizing effort by unions, including reducing the time period for submissions to the Board for a union election, the time when that election is held and rights to an appeal of the NLRB's decisions regarding same. The new Bill would amend the NLRA to include an eight-factor test to determine the "community of interest" that employees may share to be included with other workers in a proposed bargaining or voting unit in an employer's workplace. It would also require a number of other changes to NLRB procedures, including a minimum of 14 days before a pre-election hearing could be held on representation case issues and prohibiting the NLRB from conducting an election in less than 35 days after the filing of an election petition by a union, along with what employee contact information (telephone number, email or mailing address?) an employer must provide to the union for the purposes of the election. Democrats made a number of suggested revisions which were rejected along party-line votes as the Bill will proceed to the House, although it is not expected to be passed in its current form by the existing Democratic-controlled Senate if it gets that far.

    Chair of the Legislative Affairs Committee

    Ian Siminoff, Esq.

    FOX ROTHSCHILD LLP