By Briana Vannozzi
Correspondent
“Pay the workers and give them what they need to be more productive,” said Big Easy Establishment Restaurant Operator Olugbala Sababu.
That from an owner/operator of a downtown Trenton restaurant. He supports earned sick leave and news of a lawsuit temporarily delaying enforcement of the citywide ordinance didn’t sit well with him.
“The employee will be more productive if they don’t have that added stress,” he said.
A group of state business leaders is suing the city, delaying the law until a superior court judge hears the argument April 9.
“We believe Trenton is exceeding its statutory authority by requiring employers to provide their employees with paid sick time. The ordinance is unenforceable and unconstitutional and Trenton has yet to promulgate rules, much less inform the businesses impacted by the ordinance what they need to do to comply,” said Chris Gibson, attorney at Archer and Greiner.
Plaintiffs include the New Jersey Business and Industry Association, state Chamber of Commerce, the Food Council, Merchants Association, Restaurant Association and the NFIB.
The ordinance requires employers provide workers an hour of sick time for every 30 hours worked. Businesses with more than 10 employees are capped at five sick days a year, those with less than 10 max out at three sick days. If they don’t comply, they can be hit with steep fines or legal action.
“We believe that we’re on solid legal ground. We believe that the ordinance is covered under the police powers of the municipality,” said City of Trenton Attorney David Minchello.
Business leaders argue the law places administrative and cost burdens on employers, that the language is inflexible and vague. Supporters say it will help over a million low wage New Jersey workers.
“It’s no surprise that the same business lobbyists who have resisted earned sick time policies from town halls to the State House would try to block the will of Trenton voters with a frivolous lawsuit. Trenton voters have spoken, and we are confident that the will of the people will prevail,” said Analilia Mejia, Director of NJ Working Families.
Another twist.
“We have just been advised today that New Jersey Working Families has asked our consent to intervene in the litigation. Of course they have our consent and we welcome their input and advocacy on this issue,” Minchello said.
Trenton voters overwhelmingly approved the law in a November referendum. It’s one of nine municipalities to adopt it so far, but the only one facing litigation. A contrast to Montclair where it has been rolled out smoothly.
“There’s a progressive history to Montclair and I think the business community is on board with us because they realize 75 percent — 3 to 1 — voting in a referendum, it wasn’t just a council passing this which may have happened in some other towns,” said Montclair Deputy Mayor Bob Russo.
The ultimate goal of supporters is to avoid any issue with local enforcement by passing a statewide bill. It’s already cleared two Assembly committees and is waiting for movement in the Senate, though it may all be a moot point. Gov. Chris Christie holds the veto pen and he says as the language stands right now, he won’t support it.