BILL WOULD END SECRET SEX HARASS SETTLEMENTS, PRESERVE RIGHT TO SUE FOR DISCRIMINATION

Last month, Governor Phil Murphy signed into law legislation meant to make sure that how much you are paid at work does not depend on your gender, race, age, religion or any other personal characteristic covered by NJ’s broad anti-discrimination law.

Another important bill also intended to protect equality in the workplace, is now moving through the Legislature and was voted out of the Senate Labor Committee on March 5 and the Assembly Labor Committee on May 10.

The legislation, S-121/A-1242, would prevent companies from requiring that workers or job applicants agree up front to relinquish their right to sue for discrimination or harassment or any other substantive or procedural right related to a claim for discrimination in order to keep their jobs or get hired in the first place. It would apply also to retaliation claims—where an employer fired or took some other adverse action against someone for complaining of discriminatory conduct.

In addition, the bill would outlaw the secret settlement of discrimination, harassment and retaliation claims, also referred to as “non-disclosure agreements, the sort repeatedly used by movie producer Harvey Weinstein when he paid off his accusers, allowing him to keep sexually assaulting and harassing women for decades.

Continue reading BILL WOULD END SECRET SEX HARASS SETTLEMENTS, PRESERVE RIGHT TO SUE FOR DISCRIMINATION

MAJOR STEP FORWARD IN EFFORT TO END SURPRISE MEDICAL BILLS

A bill that will protect consumers from surprise medical bills took a crucial step toward passage on April 5 when it won narrow approval from the Senate Commerce Committee, by a 3-2 vote.

That same day, S-485/A-2039, also known as the Out-of-Network Consumer Protection, Transparency, Cost Containment and Accountability Act, also made it past the Senate Budget Committee (7-3) and the Assembly Appropriations Committee (7-2).

The Senate Commerce vote was regarded as the most uncertain of the three because earlier versions of the bill had stalled in that committee in the prior two legislative sessions.

The bill had already been reported out of the Assembly Financial Institutions and Insurance Committee on March 5, so it is now cleared for votes in both houses.

It is posted for an Assembly floor vote this coming Thursday, April 12, and it is hoped that when the list of bills is posted for the full Senate session that same day, it will also be listed there.

The legislation, most centrally, holds consumers harmless from having to pay more than the in-network rate when they receive services from an out-of-network health provider in an emergency situation or through inadvertence. For non-emergency care, consumers need not pay higher out-of-network rates unless they are informed in advance of the provider’s out-of-network status and what that provider will charge and they agree to those services and charges.

Continue reading MAJOR STEP FORWARD IN EFFORT TO END SURPRISE MEDICAL BILLS

LANDMARK EQUAL PAY BILL AWAITS SIGNATURE

The State of New Jersey is poised to enact a law that will provide the strongest equal pay protections in the U.S., on either the state or federal level.

The legislation, S-104, goes further than the 2009 Lilly Ledbetter Act, a federal law, which overturned federal court precedent limiting the time in which women could sue over discriminatory pay practices and how much they could recover if they won.

Among other protections that exceed those in the federal, law, the NJ legislation allows recovery of up to six years of back pay, provides for treble damages and prohibits employers from requiring existing workers or new hires to waive their legal rights as a condition of employment. It specifically bars any waiver of the two-year time limit for filing suit. (A 2014 state appellate court decision, Rodriguez v. Raymours Furniture, had found such a waiver, one that shortened the time to sue to only six months, was enforceable but the state Supreme Court reversed in 2016.)

The proposed law applies not just to female employees but to any class of employees shielded by the broad scope of NJ’s Law Against Discrimination, or LAD. The LAD’s 17 protected categories include race, color, national origin, disability, age, affectional/sexual orientation, military status and genetic information.

Continue reading LANDMARK EQUAL PAY BILL AWAITS SIGNATURE

New Study Assails Secrecy Surrounding Amazon Headquarters Bids

We all know that Newark is one of the 20 finalists in the running to be selected as the location for Amazon’s second headquarters and that, to lure the company, the state and city are offering up to $7 billion in tax credits and other incentives.

The reason we know that much is because New Jersey and Newark both passed legislation on the subject, exposing the process to public scrutiny.  But the bid Newark submitted to Amazon has not been disclosed. And though huge amounts of public resources are also involved in the bids of the most of the other 19 contenders, including  Chicago Dallas, Miami, and New York City, even less is known about most of those other bids.

The troubling secrecy surrounding the high stakes process is the subject of a study released on April 3 by Good Jobs First, a non-profit that focuses on corporate accountability. The title encapsulates the important issues at stake: “Public Auction, Private Dealings: Will Amazon’s HQ2 Veer to Secrecy Create a Missed Opportunity for Inclusive, Accountable Development?

Continue reading New Study Assails Secrecy Surrounding Amazon Headquarters Bids

TIME TO PROTECT CONSUMERS FROM SURPRISE MEDICAL BILLS

For almost 10 years now, New Jersey lawmakers have been grappling with the issue of what to do about surprise medical bills.

They are the invoices sent by doctors and other health care providers who are not part of your insurance company’s network. So when your insurance does not cover the full amount of what they charge for their services, they come after you to pay the difference. Hence the term “balance billing.”

Continue reading TIME TO PROTECT CONSUMERS FROM SURPRISE MEDICAL BILLS

STATE INVALIDATES ANTI-DEMOCRATIC RADBURN BY-LAWS

Radburn residents who have been battling for years to have a greater say in the governance of their planned community, gained ground earlier this month when new by-laws that would have undermined their voting rights were thrown out by the state.

The NJ Department of Community Affairs (DCA) on March 2 notified the Radburn Association board that amendments it approved last May were invalid because they were never filed with the county clerk, as required by state law. As a result, Radburn members get to elect four trustees to the nine-member board rather than the two that would have been allowed under the by-law changes.

Continue reading STATE INVALIDATES ANTI-DEMOCRATIC RADBURN BY-LAWS

COMPLAINT SAYS RADBURN BY-LAW CHANGES WERE MEANT TO THWART NEW VOTING PROTECTIONS FOR PLANNED COMMUNITIES

On January 23, New Jersey Appleseed filed a complaint on behalf of Radburn United, a community group that is asking for the state’s help in preserving the voting rights of those who reside there.

Founded in 1929 as one of the first planned communities in the United States, Radburn is a private, unincorporated association within Fair Lawn, with over 3,000 people living in a mixture of single-family homes, townhouses, two-family houses, and an apartment complex.

Continue reading COMPLAINT SAYS RADBURN BY-LAW CHANGES WERE MEANT TO THWART NEW VOTING PROTECTIONS FOR PLANNED COMMUNITIES

LAWSUIT CHALLENGES IRONBOUND UPZONING

In a process that took years, spanned three mayors and was led by an urban planner who just won a MacArthur “genius” award based, in part, on those efforts, the City of Newark overhauled its zoning laws in 2015.

It was the first such comprehensive revision in more than 50 years and was widely praised not only for the substance of the new zoning,  which was based upon goals of environmental justice and accountable development, but for the open, participatory process by which it was adopted

Recently, in a move that would seem to undermine the well-thought out plan embraced just two years earlier and to contradict its participatory approach, Newark amended its zoning to increase the maximum building height in part of the Ironbound. And it allegedly did so without providing nearby residents the legally required notice.  Continue reading LAWSUIT CHALLENGES IRONBOUND UPZONING

STATE BACKS OFF EFFORT TO PRIVATIZE ATLANTIC CITY WATER SYSTEM

Atlantic City residents can stop worrying that the state, which took over their local government in the fall of 2016, is going to sell or lease their water system out from under them, at least in the near future.

In a statement made public on December 20, Jeffrey Chiesa, who was chosen by Governor Chris Christie to oversee the state takeover of the City, announced “the public can rest assured that the MUA [Municipal Utilities Authority] will not be privatized by the State.”

Continue reading STATE BACKS OFF EFFORT TO PRIVATIZE ATLANTIC CITY WATER SYSTEM

ICE Courthouse Arrests Undermine Justice

A report released in the past week confirms that the Trump administration policy of arresting undocumented immigrants in and around courthouses is undermining our system of justice.

When federal immigration agents swoop in and arrest undocumented immigrants while they are present in or on their way to court, it doesn’t just hurt those they sweep up, detain and deport.

The report, by Make the Road New Jersey, an immigrant advocacy group based in Elizabeth, found that such arrests, which have risen sharply since Trump took office, have created a chilling effect that is keeping people away from courts and social services.

Continue reading ICE Courthouse Arrests Undermine Justice