Sponsored by:
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
SYNOPSIS
Establishes Essential Employees Hazard Compensation and Employer Liability Limitation Program; affords COVID-19 liability protections and provides financial incentives to certain employers that provide hazard pay to eligible employees; makes an appropriation.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing the Essential Employees Hazard Compensation and Employer Liability Limitation Program, supplementing various parts of the statutory law, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Authority" means the New Jersey Economic Development Authority established pursuant to section 4 of P.L.1974, c.80 (C.34:1B-4).
"Covered employer" means a person or entity that employs one or more individuals in New Jersey in relation to the operation of one of the following:
a. a grocery store;
b. a pharmacy;
c. any other retailer serving basic human needs;
d. a wholesale distributor making deliveries to a retailer that is a covered employer;
e. a trash collection or waste management service;
f. a janitorial service that provides cleaning or janitorial services to another covered employer;
g. an assisted living residence;
h. a nursing home;
i. a residential care home;
j. a therapeutic community residence;
k. a health care facility or a physician s office;
l. a child care facility that provides child care services to essential service providers;
m. a vocational rehabilitation service provider;
n. a dentist s office or a dental facility;
o. a homeless shelter;
p. a home health agency;
q. a qualified health center, health clinic, or clinic for the uninsured;
r. a residential treatment program;
s. an ambulance service or first responder service;
t. a funeral establishment or crematory establishment;
u. providers of necessities and services to vulnerable or disadvantaged populations; or
v. any other business deemed an essential business by the authority, in consultation with the Department of Labor and Workforce Development.
"Covered employer" does not include the State, a political subdivision of the State, or the federal government.
"Eligible employee" means an individual who:
a. is employed in this State by a covered employer that has enrolled in the program;
b. earns an average hourly wage of $20.00 or less; and
c. meets at least one of the following qualifications:
(1) is involved in providing medical or other healthcare services, emergency medical transportation, social services, or other care services, including services provided in health care facilities, residential facilities, or homes;
(2) performs functions which involve physical proximity to members of the public and are essential to the public's health, safety, and welfare, including transportation services, hotel and other residential services, financial services, and the production, preparation, storage, sale, and distribution of essential goods such as food, beverages, medicine, fuel, and supplies for conducting essential business and work at home; or
(3) is any other employee deemed an essential employee by the authority, in consultation with the Department of Labor and Workforce Development.
"Hazard pay" means a verifiable increase in wages to be paid by a covered employer to an eligible employee, equivalent to an average hourly wage increase of at least $3.00 per hour.
"Liability limitation period" means the period for which a covered employer s acts or omissions shall qualify for the liability protections offered pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), extending from the date of enrollment under the program established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) until the current public health emergency, declared by the Governor pursuant to Executive Order No. 103 of 2020, or any extension thereof, expires or is rescinded.
"Monthly period" means a calendar month during the program period.
"Program" means the Essential Employees Hazard Compensation and Employer Liability Limitation Program established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Program Period" the period of time from the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) until the current public health emergency, declared by the Governor pursuant to Executive Order No. 103 of 2020, or any extension thereof, expires or is rescinded.
"Small business" means a covered employer with not more than 50 employees, including, but not limited to, eligible employees.
2. a. There is established the Essential Employees Hazard Compensation and Employer Liability Limitation Program to incentivize covered employers to provide hazard pay to eligible employees who, during the program period, perform work in essential jobs that subject them to an elevated risk of being exposed to coronavirus disease or contracting COVID-19. The New Jersey Economic Development Authority shall administer the program.
b. (1) The authority shall, in consultation with the Attorney General, the Department of Health, the Department of Labor and Workforce Development, and the Director of