EMPLOYER UPDATE New Jersey Department of Labor and Workforce Development

Transcription

1 EMPLOYER UPDATE New Jersey Department of Labor and Workforce Development SUMMER 2005 RICHARD J. CODY ACTING GOVERNOR THOMAS D. CARVER COMMISSIONER In This Issue Upgrade your workers skills with customized training grants..2 Build your business - Partner with Business Resource Centers..3 Be a HireVetsFirst employer - Top reasons to hire vets..4 Labor market resources for your business... 5 Tap into national network to find farm labor Hiring teens this summer? Helpful tips to keep in mind....7 New Cross Match program saves you money...8 Temporary Disability Insurance information just a click away Changes in whistleblower act...10 CEPA whistleblower notice New minimum wage law Taxes for insurance funds collected

2 Upgrade your workers skills with customized training grants By Commissioner Thomas D. Carver, New Jersey Department of Labor and Workforce Development If you re looking to improve your workers production capabilities and your bottom line, look no further than the customized training grants offered by the New Jersey Department of Labor and Workforce Development. Customized training grants are matching grants awarded to New Jersey businesses to provide training tailored to meet your company s specific needs to increase productivity and marketability. One of our missions at the Department and Labor and Workforce Development is to provide businesses with a trained and skilled workforce. Since January 2002, LWD has provided $71 million to train more than 130,000 workers through training grant programs. The grants, awarded through the Department of Labor and Workforce Development, and managed by the Office of Customized Training, are funded through the Workforce Development Partnership Program. While manufacturing remains a targeted industry for customized training grants, other growth industries or businesses that are having a difficult time retaining workers will be considered. Need more information? On the Web: Telephone: (609) cttshelpdesk@dol.state.nj.us 2

3 Build your business Partner with Business Resource Centers By Commissioner Thomas D. Carver, New Jersey Department of Labor and Workforce Development Small businesses play a major part in New Jersey s economic performance and keep our towns strong and vibrant. New Jersey offers a wide range of resources to help small firms maintain their position of importance like Business Resource Centers. BRCs support New Jersey employers who are looking for ways to deal with regulatory, financial, or human resources issues. How can our trained BRC staff help you? Find qualified workers on site recruitment. Learn about customized training and literacy grants. Attend free Human Resource seminars covering valuable topics. Meet with representatives from state and local economic development agencies to learn how to grow your business in New Jersey. Ask us about our vocational rehabilitation services we can help you to hire workers with disabilities, provide diagnostic services, and train workers for employment. Use our personal computers, fax machines, and copy machines to facilitate interviews or recruitment. Join the Regional Employer Council - an organization of private sector employers who partner with Department of Labor and Workforce Development staff to identify ways to improve workforce development programs and services. Make informed business decisions by getting the most current economic projections, regional labor market data, labor market trends, employment and wage data by industry, population statistics, and other data. Learn about the on-the-job-training, Registered Apprenticeship Incentive, and work opportunity tax credit programs. These programs save you money! Get help resolving issues with state and local governments. Learn about government bonding for selected workers. BRCs work with local economic development authorities, chambers of commerce, Workforce Investment Boards, and community colleges, and are conveniently located in 16 One-Stop Career Centers throughout New Jersey. More will be opening soon. Go to the Web: Telephone: (609)

4 Be a HireVetsFirst employer Top reasons to hire vets Adapted from the President s National Hire Vets Campaign It makes sense to hire U.S. veterans. Veterans have the training, work ethic, and proven skills that will immediately add value to your business. Equally important, you'll be contributing to America's global competitiveness and the strength of our economic base. Leadership. The military trains people to lead by example as well as through direction, delegation, motivation, and inspiration. Veterans understand the practical ways to manage behaviors for results, even in the most trying circumstances. They also know the dynamics of leadership as part of both hierarchical and peer structures. Teamwork. Veterans understand how genuine teamwork grows out of a responsibility to one's colleagues. Military duties involve a blend of individual and group productivity, which helps veterans understand how groups of all sizes relate to each other. Efficient performance under pressure. Veterans understand the rigors of tight schedules and limited resources. They know how to accomplish priorities on time, in spite of tremendous stress. They know the critical importance of staying with a task until it is done right. You can take steps right now to meet your employment initiatives, improve your business, and show your support for those men and women who have served in our military. To be a HireVetsFirst employer: Contact your local One-Stop Career Center or call US2-JOBS. Comprehensive One-Stop Career Centers are located throughout the state. You will be placed in immediate contact with a representative who will help you meet your hiring needs. Display the HireVetsFirst logo to promote awareness of veteran hiring (download the logo by using a username and password obtained from your local One-Stop Career Center) and to show your belief in the importance of being a HireVetsFirst company. Go to to see the entire top 10 list of reasons to hire a veteran and to get more information. 4

5 Labor market resources for your business The Office of Labor Planning and Analysis offers many resources to help you with your business needs. Are you considering expanding operations in New Jersey or contemplating moving into the state? Our expert labor market field analysts can provide you with the information you need. Go to to find the labor market analyst in your area. The following links lead you to information that can help to positively shape your business. Economic Indicators is a free monthly publication offering a comprehensive and up-to-date picture of New Jersey's economy. Economic Indicators contains current and historical data and statistical snapshots comparing economic indicators for the nation and the state. It also includes articles on different aspects of the economy and brief analyses of current topics You may view or download current and past issues on the Internet at or contact Chester Chinsky at to receive your copy of Economic Indicators each month. The Occupational Employment Statistics (OES) Wage Survey reports wage levels paid to New Jersey workers in over 600 occupations and to workers in over 350 occupations within each of the state's metropolitan statistical areas. Wage and employment estimates collected in the OES Wage Survey provide information that employers need for wage comparisons and for identifying trends in emerging or declining occupations. The OES Wage survey is available free of charge on the Internet at 5

6 Tap into national network to find farm labor If you need to hire workers for temporary agricultural jobs, look no further than the New Jersey Department of Labor and Workforce Development. The Agricultural Recruitment System (ARS) locates, screens, and refers qualified workers for your specific agricultural needs all at no cost to you. Contact one of our One-Stop Career Centers to describe your specific job needs. Based on the information you provide, a job order initiates a search in New Jersey and, if necessary, in other states where the farm workers you need may be available. ARS is cooperatively managed by state employment agencies throughout the United States. Employers who participate in ARS must comply with federal and state laws on wages, health, and safety, and other employment-related matters. Go to to find the One-Stop Career Center most convenient to you. 6

7 Hiring teens this summer? Helpful tips to keep in mind As the end of the school year approaches, many New Jersey minors will begin seeking summer employment. Keep the following information in mind if you plan to hire young workers. In general, minors must be at least 14 years old to be employed in New Jersey. Exceptions include minors who perform agricultural work (which includes nursery work and caring for livestock) and newspaper delivery. Federal and state child labor laws protect young workers from physical danger as well as place restrictions on the hours minors may work. For the most part, minors under 18 may not work more than eight hours in any one day, nor more than 40 hours in any one week. Finally, make sure your prospective young worker has an employment certificate (working papers) before you offer a job. Workers under 18 can obtain working papers from the issuing officer of their local school district. Employers who violate the federal child labor provisions or any New Jersey State Child Labor Law may be subject to a monetary penalty. The Division of Wage and Hour Compliance enforces New Jersey state labor laws. Go to to obtain more specific information about New Jersey s child labor laws and regulations, or call (609)

8 New Cross Match program saves you money A program to reduce fraud and decrease unemployment insurance (UI) benefit overpayments for New Jersey employers is underway. The New Hire Cross Match program prevents claimants who have returned to work from continuing to collect unemployment insurance benefits, rather than detecting overpayments after the fact. The new program allows UI division employees to compare unemployed workers' claims for UI benefits against "new hire" information reported by employers to the New Jersey Department of Human Services. We need your cooperation to continue to slash both UI fraud and the number of UI benefit overpayments. You can help by: Reporting employees who are newly hired, rehired or returned to work it s quick and easy, and it s required by law! You can report by mail, fax, or the Internet at For information call the New Hire Operations Center toll-free at NJ-HIRES ( ). Filing your report within 15 days from when the individual starts the job if using electronic media, or 20 days if another notification method is used. Responding promptly to Request for Information on Newly Hired Worker notices from the Department of Labor and Workforce Development. Reply within 10 days by mail, fax, or to newhire@dol.state.nj.us. 8

9 Temporary Disability Insurance information just a click away Answers to your questions about New Jersey s Temporary Disability Insurance (TDI) Program are just a mouse click away. The TDI program provides cash benefits to eligible New Jersey workers who cannot work because of sickness or injury NOT caused by their job. Go to to get information about the programs (State Plan, Private Plan, and Disability During Unemployment) for your workers. In addition to finding answers to the most frequently asked questions from employers, information is available about wage requirements, benefit calculations, and fraud prevention. The Web page allows you to request claim forms and pamphlets for your employees via mail or you can download a claim form at You can also request a worksite visit or presentation from our team of TDI benefits specialists, or request that we arrange for an impartial medical examination. Recent amendments to the New Jersey Temporary Disability Benefits Law added advanced practice nurses to the list of medical professionals authorized to provide medical certification on New Jersey temporary disability benefit claims. Other medical professionals authorized to provide medical certification are legally licensed physicians, dentists, optometrists, podiatrists, practicing psychologists, and chiropractors. 9

10 Changes in whistleblower act The September 14, 2004, amendment to the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 et seq., also known as the whistleblower act, significantly impacts how New Jersey employers are to give notice to their employees about CEPA statutory requirements. CEPA changes boil down to two separate types of notification: posting of notices and annual distribution. Posting of notices: Under the original act, CEPA required New Jersey s employers to display a poster, written in English, which summarized employees protections under CEPA. The new amendment requires the notice to be posted in both English and Spanish, and if a majority of employees speak another language, that language as well. The notice must also contain the name and contact information of the persons whom the employer has designated to receive written notification of activities, policies, and practices that an employee believes violates the law. Distribution: Previously, employers were in compliance with the law by simply posting the notice. Now, New Jersey employers with 10 or more employees must also annually distribute to the notice to staff. This can be done in either written (i.e., hard copy) or electronic (i.e., ) form. The annual distribution requirement does not apply to employers with fewer than 10 employees. An employer who fails to post and distribute the notice, as required, may face civil fines of up to $1,000 for the first violation, and up to $5,000 for additional violations. Suggestions: Distribute the notice as part of regular annual performance reviews. Distribute it as part of the payroll cycle on the same date each year. Create and distribute a form for employees to sign that verifies that they have received and reviewed the CEPA information. This form, if saved in employees personnel files, will help prove compliance if questions should arise. Review employee handbooks to ensure that all information related to CEPA is current and correct. Incorporate CEPA information into workforce trainings. Designate and train an individual as the single recipient of any and all CEPArelated allegations. This single point of contact helps ensure that all allegations are 10

11 investigated promptly and that appropriate action is taken. LWD provides the CEPA notice in English and Spanish, which you can display or distribute. Additionally, the department will provide notices printed in a language other than English or Spanish, at an employer s request. You can download the notice from LWD s Web site: Click on the button labeled Conscientious Employee Act. Questions? Call (609)

12 Conscientious Employee Protection Act Whistleblower Act Employer retaliatory action; protected employee actions; employee responsibilities 1. New Jersey law prohibits an employer from taking any retaliatory action against an employee because the employee does any of the following: a. Discloses, or threatens to disclose, to a supervisor or to a public body an activity, policy or practice of the employer or another employer, with whom there is a business relationship, that the employee reasonably believes is in violation of a law, or a rule or regulation issued under the law, or, in the case of an employee who is a licensed or certified health care professional, reasonably believes constitutes improper quality of patient care; b. Provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation issued under the law by the employer or another employer, with whom there is a business relationship, or, in the case of an employee who is a licensed or certified health care professional, provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into quality of patient care; or c. Provides information involving deception of, or misrepresentation to, any shareholder, investor, client, patient, customer, employee, former employee, retiree or pensioner of the employer or any governmental entity. d. Provides information regarding any perceived criminal or fraudulent activity, policy or practice of deception or misrepresentation which the employee reasonably believes may defraud any shareholder, investor, client, patient, customer, employee, former employee, retiree or pensioner of the employer or any governmental entity. e. Objects to, or refuses to participate in, any activity, policy or practice which the employee reasonably believes: (1) is in violation of a law, or a rule or regulation issued under the law or, if the employee is a licensed or certified health care professional, constitutes improper quality of patient care; (2) is fraudulent or criminal; or (3) is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment. N.J.S.A. 34: The protection against retaliation, when a disclosure is made to a public body, does not apply unless the employee has brought the activity, policy or practice to the attention of a supervisor of the employee by written notice and given the employer a reasonable opportunity to correct the activity, policy or practice. However, disclosure is not required where the employee reasonably believes that the activity, policy or practice is known to one or more supervisors of the employer or where the employee fears physical harm as a result of the disclosure, provided that the situation is emergency in nature. CONTACT INFORMATION The following contact person has been designated to answer your questions or provide information regarding your rights and responsibilities under this act (N.J.S.A. 34:19-4): Primary Contact: Address: Telephone Number: This notice must be conspicuously displayed. Once each year, employers must distribute notice of this law to their employees. If you need this document in a language other than English or Spanish, please call (609) AD-270 (3/06)

13 La Ley de protección al empleado consciente Ley de protección del denunciante Acciones de represalia del empleador; protección de las acciones del empleado 1. La ley de New Jersey prohíbe que los empleadores tomen medidas de represalia contra todo empleado que haga lo siguiente: a. Divulgue o amenace con divulgar, ya sea a un supervisor o a una agencia pública toda actividad, directriz o norma del empleador o de cualquier otro empleador con el que exista una relación de negocios y que el empleado tiene motivos fundados para pensar que violan alguna ley, o en el caso de un trabajador licenciado o certificado de la salud y que tiene motivos fundados para pensar que se trata de una manera inadecuada de atención al paciente; b. Facilite información o preste testimonio ante cualquier agencia pública que conduzca una investigación, audiencia o indagación sobre la violación de alguna ley, regla o reglamento que el empleador o algún otro empleador con el que exista una relación de negocios; o en el caso de un trabajador licenciado o certificado de la salud que facilite información o preste testimonio ante cualquier agencia pública que conduzca una investigación, audiencia o indagación sobre la calidad de la atención al paciente; o c. Ofrece información concerniente al engaño o la tergiversación con accionistas, inversionistas, usuarios, pacientes, clientes, empleados, ex empleados, retirados o pensionados del empleador o de cualquier agencia gubernamental. d. Ofrece información con respecto a toda actividad que se pueda percibir como delictiva o fraudulenta, toda directiva o práctica engañosa o de tergiversación que el empleado tenga motivos fundados para pensar que pudieran estafar a accionistas, inversionistas, usuarios, pacientes, clientes, empleados, ex empleados, retirados o pensionados del empleador o de cualquier agencia gubernamental. e. Se opone o se niega a participar en alguna actividad, directriz o práctica que el empleado tiene motivos fundados para pensar que: (1) viola alguna ley, o regla o reglamento que dicta la ley o en el caso de un empleado licenciado o certificado de la salud que tiene motivos fundados para pensar que se trata de la atención inadecuada al paciente; (2) es fraudulenta o delictiva; o (3) es incompatible con algún mandato establecido por las directrices públicas relacionadas con la salud pública, la seguridad o el bienestar o la protección del medio ambiente. Artículo 34:19-3 de las Leyes comentadas de New Jersey de protección del empleado consciente (N.J.S.A., por sus siglas en inglés) 2. No se puede acoger a la protección contra la represalia, cuando se hace una divulgación a un organismo público, a no ser que el empleado le informe al empleador de tal actividad, política o norma a través de un aviso por escrito y le haya dado al empleador una oportunidad razonable para corregir tal actividad, política o norma. Sin embargo, no es necesaria la divulgación en los casos en que el empleado tenga indicios razonables para creer que un supervisor o más de un supervisor del empleador tienen conocimiento de tal actividad, política o norma o en los casos en los que el empleado teme que tal divulgación pueda traer como consecuencia daños físicos a su persona siempre y cuando la naturaleza de la situación sea la de una situación de emergencia. Información del Contacto La persona siguiente para ha sido designada a contestar sus preguntas o, proporcionar información adicional relacionada con sus derechos y responsabilidades según lo indica esta ley (N.J.S.A. 34:19-4): Nombre: Dirección: Número de teléfono: Este aviso se debe exponer a la vista de todos. Una vez por año, los empleadores deben de distribuir un aviso de esta ley a sus empleados. Si necesita este documento en algún otro idioma que no sea inglés o español, sírvase llamar al (609) Posiblemente, una carga nominal puede ser cobrada. AD (3/06)

14 New minimum wage law On April 12, 2005, acting Governor Richard J. Codey signed legislation increasing New Jersey s hourly minimum wage to $7.15 over the next two years. Current minimum wage: $5.15 per hour October 1, 2005: The hourly minimum wage increases to $6.15 per hour October 1, 2006: The hourly minimum wage increases to $7.15 per hour Questions? Go to 14

15 Taxes for insurance funds collected Recently, the New Jersey Department of Labor and Workforce Development (LWD) mailed notices to approximately one-third of New Jersey employers to collect owed back taxes for unemployment insurance and temporary disability. These taxes will be deposited into the unemployment insurance and temporary disability insurance trust funds, which provide benefits to eligible workers. The delay in the issuance of the notices occurred because the department redesigned its employer tax system, said Commissioner Thomas D. Carver of LWD. As a result, millions of records from our 30-year-old mainframe system were converted to the new client-server system and the billing component of the new system was not put into production until well after the date originally anticipated. Employers who have received these notices and have questions or who believe the notices are incorrect may call the special hotline at (609) , extension To respond to the large volume of inquiries, additional employees have been assigned to answer collection telephone calls. We are available to work with employers to answer questions or settle any disputes, said Carver. We appreciate your patience and cooperation in this matter. 15