ASSEMBLY LABOR COMMITTEE

STATEMENT TO

ASSEMBLY, No. 4689

with committee amendments

STATE OF NEW JERSEY

DATED:  MAY 16, 2019

      The Assembly Labor Committee reports favorably and with committee amendments Assembly Bill No. 4689.

      As amended, this bill provides that New Jersey Transit may be sued in any State or federal court with respect to any cause of action that may be asserted against those entities that arises under any provision of the “Federal Employers Liability Act,” 45 U.S.C. s.51 et seq., whistleblower laws, discrimination laws, or the “Federal Railroad Safety Act,” 49 U.S.C. s.20109.  The bill waives defenses of sovereign immunity in actions arising under the “Federal Employers Liability Act” (45 U.S.C. s.51 et seq.), whistleblower laws, discrimination laws, and the “Federal Railroad Safety Act” (49 U.S.C. s.20109).

      Employees of New Jersey Transit are not covered by many State laws protecting employees and providing employees with certain rights, including workers’ compensation and “whistleblower laws.” Federal laws exist to provide certain protections and rights to these employees. However, New Jersey Transit employees who have brought actions against New Jersey Transit under these laws have been unsuccessful in obtaining relief as New Jersey Transit has claimed sovereign immunity as a defense.

      This bill would waive New Jersey Transit’s defense of sovereign immunity against claims arising from federal laws intended to protect these employees and provide certain rights to employees.

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      1.   Provide that New Jersey Transit may be sued in any State or federal court with respect to any cause of action that may be asserted against those entities that arises under any provision of the “Federal Employers Liability Act,” 45 U.S.C. s.51 et seq., whistleblower laws, discrimination laws, or the “Federal Railroad Safety Act,” 49 U.S.C. s.20109; 

      2.   Limit the waiver of sovereign immunity to actions arising under the “Federal Employers Liability Act” (45 U.S.C. s.51 et seq.), whistleblower laws, discrimination laws, and the “Federal Railroad Safety Act” (49 U.S.C. s.20109); and

      3.   Provide that the waiver of sovereign immunity is effective under those acts in any cause of action asserted in a lawsuit filed on or after the effective date of the bill, as well as to any cause of action arising under those acts asserted in a lawsuit previously filed in any State or federal court that has not been dismissed with prejudice or been finally adjudicated, including any cases pending in any court of appeals as of the effective date of the bill.