WeVote
Log In

Bill

Bill

A 3307

Amends the Uniform Commercial Code to provide for emerging technologies

2025 Regular Session Introduced by Rodneyse Bichotte Hermelyn and 3 co-sponsors

Prohibits disciplining or firing workers who can't report to work during a governor-declared emergency and bans forcing leave, with penalties for violators.

DELIVERED TO GOVERNOR
0
WeVote Research Nonpartisan
Bill Summary · A 3307

Summary — A3307/A (Print 3307A)

Title: Prohibits certain employment practices during a declared state of emergency
Introduced: January 9, 2024 | Status: Returned to Assembly (passed both houses 6/11/2025)
Companion/Related bills: S4852; S1840 (companion); A10579 (prior-session)

Purpose

To protect employees who cannot report to work because of a Governor-declared state of emergency, by preventing employers from disciplining, discharging, or forcing use of leave solely because the employee was unable to work due to evacuation or travel advisories.

Key provisions

  • Prohibition on adverse actions: Employers may not discharge or take adverse employment actions (including affecting compensation, terms, conditions, or privileges of employment) against an employee who is not actively working at the employer’s place of business because of a state of emergency that applies to where the employee lives or works and emergency officials have advised evacuation or to not travel.
  • Leave usage: Employers may not require the employee to use the employer’s sick, personal, or other leave (paid or unpaid) for time missed due to the state of emergency.
  • No guaranteed pay: The bill does not require employers to pay wages to employees who are not actively working.
  • Employee responsibilities: An affected employee must make every reasonable effort to notify the employer of the absence and must return to work as soon as possible — but no later than the first shift or regularly scheduled work hours after the state of emergency is rescinded or emergency officials deem the situation safe (allowing for travel time).
  • Civil penalties and enforcement: Violations carry civil penalties collectible by the Commissioner of Labor and Workforce Development — up to $5,000 for a first violation and up to $10,000 for each subsequent violation — enforced under the Penalty Enforcement Law of 1999 (C.2A:58-10 et seq.).
  • Applicability and timing: Applies only to states of emergency declared after the bill’s effective date; the bill takes effect immediately upon enactment.

Who is affected / exemptions

  • Covered: Most private-sector employees and employers in New Jersey whose work locations or residences are subject to a gubernatorial state of emergency and evacuation/travel advisories.
  • Exempted from the definition of “employee” (i.e., not covered): physicians, other medical personnel, and personnel required to maintain essential health‑care services (even if working for a public safety agency).
  • Exempted from the definition of “employer” (i.e., not bound by these prohibitions): public safety agencies and certain contractors that provide emergency repair, street‑clearing, or emergency services; licensed health care facilities; public utilities (per R.S.48:2‑13) and their contractors; and contractors providing specified street‑clearing services for private facilities.

Practical impact

  • Protects employees who evacuate or cannot travel during declared emergencies from discipline or termination and from being forced to exhaust leave balances.
  • Requires employers to revise attendance and leave rules to avoid prohibited actions, but does not create a right to paid leave.
  • Enforcement through the State Department of Labor with monetary penalties provides a remedy for violations.
  • Narrow exemptions limit coverage for first responders, health‑care essential staff, utilities, and some contractors.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.