NFIB, Business Groups Sue To Block Trenton’s Paid Sick Leave Ordinance

Date: March 04, 2015

Measure Would Require One Hour Of Sick Time For Every 30 Worked

A coalition of New Jersey business groups,
including NFIB, has filed a lawsuit in state court to overturn a local law in
the city of Trenton requiring businesses to give workers paid sick leave. The
suit also seeks an injunction to prevent the ordinance from taking effect this
week.

Under the
ordinance, workers would earn one hour of sick time for every 30 hours worked.
Workers in businesses with 10 or more employees could earn up to five sick days
per year, while workers in businesses with fewer than 10 employees could earn
three paid sick days in a year.

The business
groups say Trenton’s ordinance is unconstitutional and existing state laws
address the issue of time off for workers. The suit also argues that Trenton is
reaching beyond its jurisdiction by forcing requirements on employers and is
reaching outside the city’s boundaries by imposing the law on business owners
not located in the city but who have employees that work there.

Attorney
Christopher Gibson, who represents the groups, said, “It is clear that the City
of Trenton does not have the legal authority to implement this ordinance.
Trenton’s mandatory paid sick leave ordinance is vague, ambiguous, and contrary
to New Jersey law and impossible to interpret, administer or implement. For
these reasons the ordinance must be struck down.”

What This Means For Small Business:

The
ordinance, which was approved by city voters, makes Trenton one of eight
municipalities in the state with local paid sick leave ordinances. The others
are Jersey City, Newark, Passaic, East Orange, Paterson, Irvington and
Montclair. The ordinances have been pushed by anti-poverty groups and unions,
among others, to build support for a statewide law which is currently under
consideration by New Jersey lawmakers.

The statewide
measure has been approved by two Assembly committees but has stalled in the
state Senate. According to its sponsor in the Senate, Sen. Loretta Weinberg
(D), lawmakers are considering possible amendments, including whether the
statewide law will supersede the local laws. Weinberg said the Assembly is
taking the lead on the measure and Senate President Steven Sweeney (D) is
“absolutely” committed to passing it.

Opponents of
the local ordinances say they could drive businesses to nearby towns that do
not impose the paid time off requirements. In addition, they argue that the
ordinances place an extra burden on businesses, and due to their inflexibility,
they impede business owners’ ability to run their firms.

Additional Reading:

The Times of
Trenton (NJ)
,
the North
Jersey (NJ) Media Group
,
the Trentonian
(NJ)
, and New Jersey
Newsroom

report on the lawsuit.

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