Paid sick days In New Jersey now mandatory

June 28, 2018July 1, 2018 ~ susie

New Jersey is now one of a handful of states, and Washington, D.C., that now have progressive earned sick leave laws protecting their employees. Starting in October, employers will be required to give their workers paid time off. Governor Phil Murphy signed this new law, on May 2 and it will take effect on October 29, 180 days after the governor signed the bill. Sick leave days in New Jersey has been inconsistently given to employees; although many companies do currently offer paid sick leave to their employees, one-third of the workforce, or 1.2 million workers, have not had PTO, or paid time off.

Days will start accruing when the law becomes effective: one hour of paid leave will accrue for every 30 that hours they work, and up to 40 hours can be acquired in a 12-month period. The new law will preempt all local sick leave rules and it applies to all employees in the state, regardless of the size of the employer. There are two exceptions:

Healthcare employees who work per diem
Construction workers who are employed subject to a CBA, or collective bargaining agreement

A CBA is a contract between the employer and a union that represents a group of employees in a related profession. The CBA governs the working conditions of the workplace, including sick leave.

This law will not only increase morale among employees, but will also improve the economy by making employees happier and more secure. Time off can now be taken in situations when the employee needs time off; for example, when they or a family member are ill, when they might need to attend a child’s school meeting, or when they need time off to recover and seek help from a domestic violence situation. Previously, employees would have to choose between seeking help and keeping their job that will enable them to leave a dangerous situation in the first place.

“This law is long overdue,” said Galit Moskowitz, family law attorney at Moskowitz Law Group, LLC. “Giving employees of this state the ability to take time off when they need to literally will affect daily life for over a million people. These people will now be able to take care of personal responsibilities that they literally were not able to before without risking losing their job.”

Some details about the new paid time off:

Partially used time can be paid to the employee at the end of the 12 months or the time can be rolled over into the next year
The total amount of paid leave can be set to 40 hours
Employers can black out certain dates that can’t be taken off

While Democrats have been fighting for years to pass such a law, 13 municipalities, including Elizabeth, Jersey City, Newark, Paterson and Trenton, have passed local rules mandating paid sick leave.

New Jersey expands child pornography definition; increases penalties

May 7, 2018May 29, 2018 ~ susie

A new law that went into effect on Feb. 1, 2018 in New Jersey seeks to ensure that individuals found in possession of child pornography are consistently charged and convicted, and to ensure that all types of content where children are exploited fall under the definition of child pornography.

The law, dubbed the “Child Erotica” law, extends the definition of child pornography to include any photograph or video that portrays children sexually or being exploited, not just ones where children are nude. Additionally, the law allows prosecutors to charge individuals who knowingly conspired to create and maintain a child pornography distribution network as leaders of a child pornography distribution network – which is punishable by up to 10 years in prison and a $150,000 fine.

“These changes in the law were designed to eliminate what law enforcement considered loopholes in the child pornography law,” said John B. Fabriele, a New Jersey Sex Crimes Attorney. “What this change will also do is open up individuals to more serious charges than they would have otherwise seen due to the fact that some of the content that they might not consider ‘pornographic’ now falls under the definition.” If an individual has in excess of 100,000 items of child pornography, they are immediately exposed to higher possible fines and punishments.

Under the previous child pornography laws, individuals charged were often able to avoid serious jail time and harsh penalties; many were only given probation. The new law will greatly increase the likelihood that an individual caught possessing child pornography is punished. Additionally, the new law will allow prosecutors to charge individuals earlier, before they are able to become super-possessors of more elicit forms of child pornography.

“Possession of child pornography charges are serious, and they are taken seriously by prosecutors,” said John B. Fabriele. “The jailtime and financial penalties associated with these charges are hefty, and the stigma associated with the charges and convictions rightfully follow those that are guilty for decades.” When the guilty are charged and convicted, it is a win for those children that are or would be subject to exploitation.

Should first-time drunk drivers get another chance?

March 16, 2018March 15, 2018 ~ susie ~ 1 Comment

I’m of two minds about this. Maybe it shouldn’t be available to drivers who are egregiously drunk, they’re so dangerous on the road:

Should New Jersey implement diversion programs for first-time DUI offenders? Under current law, first-time offenders in New Jersey lose their driver’s license for a minimum of three months up to one year. They also face thousands of dollars in court costs, fees, and surcharges. The offense also stays on their record for life.

Other states offer diversion programs for first-time offenders, and if successfully completed, the offense is removed from their record. Organizations that fight against drunk driving, like Mothers Against Drunk Driving (MADD), are open to New Jersey implementing diversion programs that would wipe a first-time offender’s record clean, but stress any program needs to have certain requirements attached to it.

One requirement would be the offender would have to have an interlock ignition device (IID) in their vehicle for at least six months. These devices are actually breathalyzers that the driver has to blow into. If the IID registers alcohol, the vehicle does not start. Last year, IIDs prohibited 350,000 vehicles from starting because the driver had alcohol in their system. Approximately 15,000 of those attempts were right here in New Jersey.

A spokesperson for MADD stressed that if a diversion is developed properly, it can give an offender incentive to “put their life back together.”

Under current New Jersey, some of the penalties first-time offenders face include minimum three months loss of license, up to 30 days in jail, up to a $400 fine, mandatory alcohol education and classes (with fees paid by offender), and an annual $1,000 insurance surcharge for three years. There are additional penalties for people who have a high blood alcohol content, including mandatory IID for six months.

Attorney Fabriele said he thinks that a diversion program in New Jersey is a good idea. “Although there are habitual offenders on the road, many people who are charged with their first DUI don’t fall into that category and just made a bad error in judgment.”