By Lauren Wanko
Correspondent
When New Jersey gets slammed with snow, it’s usually a pretty good day for kids. But oftentimes not for their parents who end up digging out of their driveways to get to work.
When asked if Tuesday was a snow day for him, Belmar resident Robert Wall said, “No I gotta go to work.”
“People are worried about their jobs and they don’t want to be on the road with the feeling if I don’t get there I’m gonna be fired or I’m gonna be written up,” said Sen. Peter Barnes.
Which is why Barnes crafted legislation that prohibits an employer from taking any adverse employment actions against an employee who can’t get to work during a declared state of emergency. That includes forcing workers to use sick or personal days.
Barnes says essential care workers are exempt — like law enforcement, firefighters, medical workers, like nursing home and hospital employees. But we couldn’t help but wonder, what about members of the press?
“Unfortunately press and media as the bill currently exists would not be included. You guys would still have to do what you have to do,” Barnes said.
“It’s a safety measure I think it’s what’s best for everyone — employees and employers,” said Assemblyman Benjie Wimberly.
Wimberly is sponsoring identical legislation in the Assembly. Sen. Barnes says he met with various labor unions and small businesses. Assemblyman Wimberly is in the process of setting up similar meetings.
“We want to sit down, we want to iron it out with them. We’re not attacking the employers of course. In New Jersey we want every employer possible here so we don’t want to be anti-employer friendly,” Wimberly said.
“We also made a concession that we feel is a big concession that says the employer does not have to pay the worker, so the worker might not get paid, but the worker’s stress level goes down so it creates a little bit of fairness on both sides,” said Barnes.
Workers would be required to notify their employers if they’re unable to make it to the office during the state of emergency.
“This bill says that it’s gotta be a state of emergency declared in the county where you live, so let’s say there’s a bad snow storm in Hudson County or Middlesex or Essex and you live in Gloucester County and there’s no problem, you have to go to work,” Barnes said.
As for the employers, there are consequences for those who don’t comply.
“It’s a $5,000 civil fine for the first penalty and $10,000 for each subsequent penalty. Hopefully it won’t come to that,” said Barnes.
Sen. Barnes says two factors motivated him to write the bill.
“Number one, people are still suffering from the great recession of 2008 and there’s a lot of pressure to get to work, there’s a lot of pressure to perform. Number two, if the governor declares a state of emergency, under certain conditions you actually can be sanctioned. You can be given a plea citation if you’re on the road,” he said.
“In the last five years I’ve never experienced weather like this in my life. That’s the issue, that it’s time, why I say the timing’s right for this bill,” said Wimberly.
Assemblyman Wimberly is working to get the bill posted in the labor committee. Sen. Barnes says he hopes the bills will move to the floor for a vote by June 30.