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Senate Labor Committee reports multiple employment bills; several advance to the full Senate
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Summary
The Senate Labor Committee on Jan. 20 advanced a package of employment-related bills — including measures on volunteer benefits, nondisclosure and nondisparagement clauses, workers' compensation for volunteers, prevailing wage penalties and job-posting transparency — and held discussion on a private-contractor registration bill. S4004 (extended employment) drew sustained and divided testimony.
The New Jersey Senate Labor Committee advanced a group of employment-related bills on Jan. 20 and heard extended testimony on a separate measure affecting programs for people with disabilities.
Among measures the committee reported to the full Senate were:
- S788: Exempts certain stipends and clothing allowances paid to volunteer first responders from unemployment insurance coverage when the stipend is below the compensation threshold under the National Labor Relations Act. The committee recorded affirmative votes from the senators present and moved the bill out of committee after testimony from the EMS Council of New Jersey and the New Jersey State Firefighters Association supporting retention of volunteers.
- S1688 (with amendments): Clarifies that nondisclosure and nondisparagement clauses that have the effect of concealing the details of a discrimination, retaliation or harassment claim are against public policy and unenforceable, aligning statutory language with recent New Jersey Supreme Court guidance. Employment-law advocates and the New Jersey Association for Justice urged the committee to forward the bill.
- S2887: Clarifies that volunteers and certain other workers referenced in the Workers’ Compensation Act are eligible for the maximum compensation authorized by the statute regardless of an individual’s outside employment status. The New Jersey Law Revision Commission testified in favor, citing the Kokonowski v. Township of Bridgewater decision and prior commission recommendations.
- S3187 (with amendments): Creates criminal penalties for certain false statements or record falsifications related to prevailing wage compliance and applies knowingly-based penalties for some contractor-registration violations. The National Federation of Independent Business and other small-business representatives opposed the bill’s expansion of enforcement authority and questioned penalty language. The committee moved the bill with amendments; sponsors and committee members said further floor clarification may be needed.
- S3509 (with amendments): Requires employers to disclose whether a publicly advertised job posting is for an existing vacancy and to remove listings within specified timeframes after a position is filled; narrows liability for employers with respect to third-party job-posting sites, reduces civil penalties in amended language and clarifies definitions such as when a job is “filled.” Business groups including NJBIA and regional chambers signaled support after the changes.
Several other items were discussed but not reported. The committee held S2963 (Private Contractor Registration Act) for further discussion after intense opposition from trade groups that called the proposed fee structure and disclosure requirements burdensome. S3183 (vlogger/minor compensation) was read into the record but drew no testimony. S4004, a wide-ranging modernization of the state’s extended employment/sheltered workshop law, generated lengthy, sharply divided testimony from provider groups and disability advocates and was not reported at this hearing.
Next steps: Reported bills will be placed on the Senate calendar for further floor consideration. Bills held for further work or discussion may be revised before being scheduled for a vote.
