34:11-74 Domestic worker employer, minimum two-week notification before termination; live-in domestic worker employer, minimum four-week notification before termination.
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/nj/title-34/chapter-11/34-11-74A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
16. a. An employer of a domestic worker shall provide a minimum two-week notification period before termination of employment, and for live-in domestic workers a minimum four-week notification period before termination of employment.
b. The employer may terminate the employment without complying with the full notification period based on a good-faith belief and without reckless disregard or willful ignorance of the truth that the domestic worker has engaged in significant misconduct.
c. Failure to provide notification as required under this section shall entitle the domestic worker to severance pay in the amount of the worker's regular hourly rate multiplied by the regular number of hours worked over the period of time during which the required notification was not provided.
d. As used in this section, the term "significant misconduct" means that the domestic worker abused, neglected, or caused any other harmful conduct against the employer, members of the employer's family, or individuals residing in the employer's household.
e. The notification requirement in this section shall not apply if:
(1)a domestic worker completes placement in a particular position and is not immediately placed or scheduled for another position by an employer if the employer is a temporary help service firm, employment agency, or other staffing or placement agency, health care service firm, home health agency, or hospice provider, but the domestic worker remains on the employer's payroll for future placement opportunities; or
(2)a domestic worker is employed by an employer that is an individual and not a temporary help service firm, employment agency, or other staffing or placement agency, health care service firm, home health agency, or hospice provider, whether or not the employer is the person receiving care from the domestic worker, and the domestic worker completes or fulfills all duties of the position, and there is no longer a practicable need for the position, including, but not limited to, if the domestic worker's employer is an individual who has employed the domestic worker to care for a person who is terminally ill and the terminally ill person passes away.
L.2023, c.262, s.16.