The Newark Department of Child and Family Well-Being (Department) recently issued a press release on the City's new paid sick leave ordinance (Ordinance) together with FAQ forms for employees and employers. In the release, the Department appears to move the effective date of the Ordinance from May 29, 2014 to June 21, 2014.
One of the requirements of the Ordinance is that employers provide a written notice of rights under the law to each employee, individually, as soon as practicable after the Ordinance takes effect. Employers also must provide the notice to each new hire at the time employment commences. Notice to the individual must be in English and the primary language spoken by that employee, if the primary language of the employee also is the primary language of at least 10% of the employer's workforce.
In addition, employers must display a poster in a conspicuous and accessible place in each business establishment covered by the Ordinance. The poster must be in English and in each language that is the first language of at least 10% of the employer's workforce.
It is unclear whether the FAQ forms issued by the Department can be used to satisfy the posting and distribution requirements laid out in the Ordinance. To ensure compliance with the law, for the time being at least, employers should consider displaying and distributing the FAQ forms, a copy of the Ordinance, and a document incorporating the key terms of the Ordinance in the time, manner, and languages noted above. In addition, the Department's press release states that employers should add a policy to their employee handbooks regarding sick leave rights under the Ordinance.
For more on the new law, see our prior client alert. Please contact your Proskauer relationship lawyer for further guidance on compliance.