New Statute Creating “Hiring Preference”
On September 30, 2021, Governor Phil Murphy signed into law Assembly Bill A2617, which provides as follows:
Following a work-related injury, an employer shall provide a hiring preference to an employee who has reached maximum medical improvement (MMI) and is unable to return to the position at which the employee was previously employed for any existing, unfilled position offered by the employer for which the employee can perform the essential functions of the position.
Who The New Law Applies to
The law creating preference only applies to employers with more than 50 (fifty) employees.
Read on for all the exemptions (below).
Who Is Exempted From the New Law
1) The Preference Does Not Apply to Employers with Less Than Fifty (50) Employees.
Employers with less than 50 employees are exempted b the clear terms of the new law.
2) The Preference Does Not Apply to Contractors Subject to Prevailing Wage Law
The law states that it “shall not include a contractor as defined in section 3 of P.L.1999, c.238 (C.34:11-56.50).” The referenced law, N.J.S.A. 34:11-56.50, defines “contractor” as
a person, partnership, association, joint stock company, trust, corporation, or other legal business entity or successor thereof who enters into a contract which is subject to the provisions of the “New Jersey Prevailing Wage Act,” P.L.1963, c.150 (C.34:11-56.25 et seq.), and includes any subcontractor or lower tier subcontractor of a contractor as defined herein.
The New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.) establishes a prevailing wage level for workers engaged in public works. It applies to public projects which are defined as follows:
3) The Preference Does Not apply to Athletes Employed by Professional Sports Teams.
The law states that employers of athletes of professional sports teams are exempted from the preference.Continue reading New Jersey Creates “Preference” For Rehiring Permanently Disabled Employees