Bill Text: NJ S673 | 2016-2017 | Regular Session | Introduced
Bill Title: Protects certain politically active employees from retaliatory action by employers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-12 - Introduced in the Senate, Referred to Senate Labor Committee [S673 Detail]
Download: New_Jersey-2016-S673-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Protects certain politically active employees from retaliatory action by employers.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act protecting certain employees who engage in certain political activities from retaliatory action by employers.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Candidate" means an individual seeking election to a public office of the federal or State government, or of a county, municipality or school district, or to an office of a political party.
"Employer" means an individual, partnership, association, corporation or any person or group of persons acting directly or indirectly on behalf of or in the interest of an employer with the employer's consent and shall include all branches of State Government, or the several counties and municipalities thereof, or any other political subdivision of the State, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.
"Employee" means any individual who performs services for and under the control and direction of an employer for wages or other remuneration.
"Retaliatory action" means the discharge, suspension or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of employment.
"Supervisor" means an individual within an employer's organization who has the authority to direct and control the work performance of the affected employee and who has been designated by the employer on the notice required under section 6 of this act.
2. An employer shall not take any retaliatory action against an employee because the employee runs for, or campaigns as a candidate for public office, or engages in political activities for a candidate or political organization during non-work hours, except that the provisions of this section shall not apply to employees subject to the provisions of section 1 of P.L.1964, c.168 (C.2A:158-21), and section 7 of P.L.1991, c.393 (C.18A:12-27), or any other employment where running or campaigning as a candidate for public office or engaging in political activity is expressly prohibited by law.
3. The protection against retaliatory action provided by this act shall not apply to an employee unless the employee has brought the retaliatory action to the attention of a supervisor of the employee by written notice and has afforded the employer a reasonable opportunity to correct, stop, or reverse the retaliatory action. Disclosure shall not be required where the employee is reasonably certain that the retaliatory action is known to one or more supervisors of the employer or where the employee reasonably fears physical harm as a result of the disclosure provided, however, that the situation is emergency in nature.
4. Upon violation of any of the provisions of this act, an aggrieved employee or former employee may, within one year, institute a civil action in a court of competent jurisdiction. Upon the application of any party, a jury trial shall be directed to try the validity of any claim under this act specified in the suit. All remedies available in common law tort actions shall be available to prevailing plaintiffs. These remedies are in addition to any legal or equitable relief provided by this act or any other statute. The court may also order any or all of the following:
a. An injunction to restrain continued violation of this act;
b. The reinstatement of the employee to the same position held before the retaliatory action, or to an equivalent position;
c. The reinstatement of full fringe benefits and seniority rights;
d. Compensation for lost wages, benefits and other remuneration;
e. The payment by the employer of reasonable costs, and attorney's fees;
f. Punitive damages; and
g. An assessment of a civil fine of not more than $1,000 for the first violation of the act and not more than $5,000 for each subsequent violation, which shall be paid to the State Treasurer for deposit in the General Fund.
5. A court, upon notice of motion in accordance with the Rules Governing the Courts of the State of New Jersey, may also order that reasonable attorneys' fees and court costs be awarded to an employer if the court determines that an action brought by an employee under this act was without basis in law or in fact. However, an employee shall not be assessed attorneys' fees under this section if, after exercising reasonable and diligent efforts after filing a suit, the employee files a voluntary dismissal concerning the employer, within a reasonable time after determining that the employer would not be found to be liable for damages.
6. An employer shall conspicuously display notices of its employees' protections and obligations under this act, and use other appropriate means to keep its employees so informed. Each notice posted pursuant to this section shall include the name of the person or persons the employer has designated to receive written notifications pursuant to section 3 of this act.
7. Nothing in this act shall be deemed to diminish the rights, privileges, or remedies of any employee under any other federal or
State law or regulation, or under any collective bargaining agreement or employment contract.
8. This act shall take effect immediately.
STATEMENT
This bill provides an employee who is politically active during non-work hours the right to sue their employer if the employee believes that he or she has been demoted, discharged or suffered adverse employment action in the terms or conditions of the employment as a direct result of such political activity.
Under the bill, an employee must provide written notice, and an opportunity to remedy the problem, to the employer prior to instituting a court action. If the employee is reasonably certain that the employer is aware of the retaliatory action, or if the employee fears physical harm as a result of disclosure, the notification requirement is waived.
The bill provides that a court action must be filed within one year from the violation. The bill also allows the court to reinstate the employee to the employee's former job or an equivalent position with full fringe benefits, seniority rights, lost wages, and other remuneration, as well as reasonable costs and attorney's fees and punitive damages. The employer is also subject to a fine of not more than $1,000 for the first violation and not more than $5,000 for each subsequent violation. If the court determines that an action brought by the employee was without a basis in law or fact, the employer can be awarded attorney's fees and costs, unless the employee files a voluntary dismissal of the case within a reasonable time.
The bill also requires employers to post notices informing employees of their rights under the bill.
