New Jersey Emergency Closings laws & HR compliance analysis

New Jersey Emergency Closings: What you need to know

In New Jersey, the governor may declare a state of emergency to provide state aid to supplement local resources in preventing or alleviating injuries, death, and suffering, as well as damages and losses, after a natural or man-made disaster has occurred.
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Employee pay. A declaration of a state of emergency by the governor of New Jersey does not mandate any administrative actions by employers, and New Jersey state law does not require employers to pay nonexempt employees for time not actually worked, including situations where employees are unable to travel to their workplace.
Although New Jersey State law does not require employers to pay nonexempt employees for time not actually worked, there is an exception for salaried employees who are exempt from overtime. If the employer closes operations due to a weather-related emergency or other disaster for less than 1 full workweek, then the employer must pay an exempt employee the full salary for any week in which the employee performs any work without regard to the number of days or hours worked because deductions may not be made for time when work is not available.
Forced vacation. An employer may not compel an employee to take a vacation day(s) for the day(s) the business was closed due to a weather-related emergency. If an employer chooses to provide vacation benefits, it is up to the employer on how it will be administered. However, benefits must be administered uniformly and in accordance with the established policy, employment agreement, or union contract. An individual may have a basis for a wage claim if the employer fails to adhere to the policy, agreement or contract.
Unemployment compensation. Under some circumstances, employees who were unable to work due ...

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