A1325

An Act establishing an award for family friendly employers and supplementing Title 34 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. This act shall be known and may be cited as the “NJ Family First Employer Act.”

2. As used in this act:

“Commissioner” means the Commissioner of Labor and Workforce Development.

“Employer” means a sole proprietorship, partnership, corporation, limited liability company, association or any other business entity or a nonprofit organization.

“Male-dominated industry” means an industry or profession for which 25% or less of the national workforce is comprised of females as determined by the commissioner.

3. The commissioner shall establish and maintain a program to designate employers located in this State as “NJ Family First Employers.” The “NJ Family First Employer” designation shall be awarded only to employers that, at a minimum, meet the following criteria:

a. Demonstrate that female employees have equal opportunity to advance to leadership positions in the workplace;

b. Provide, if appropriate to the employer’s needs, flexible work arrangements for both female and male employees, including, but not limited to, the use of sick leave for family illness, flexible scheduling or compressed work time opportunities for employees with children, and part-time work;

c. Make available child care facilities or services and qualify for the federal “Employer-provided child care credit” pursuant to section 45F of the federal Internal Revenue Code (26 U.S.C. s.45F), or make available child care facilities or services and qualify for an employer-provided child care tax credit in this State;

d. Create and implement mentorship or leadership programs for female employees, or alternatively, arrange and provide financial support for female employees to attend leadership training conferences hosted by third parties during normal working hours; and

e. If the employer’s main industry is a male-dominated industry, actively engage the community in which the employer is located by sending highly qualified employees to schools, career fairs, and other appropriate settings in the community to promote the positive aspects of that industry to females, including, but not limited to, the industry’s average compensation and employee benefits, the industry’s balance of work and personal life, and the impact the industry has on the community, nation, and world.

4. a. The commissioner shall establish procedures by which an employer may apply and be awarded an annual “NJ Family First Employer” designation. The application for an award shall require the following:

(1) The employer’s name and address, and description of the type of business or industry in which the employer is engaged;

(2) Verifiable evidence provided by the employer proving that the employer has met the criteria established pursuant to section 3 of this act; and

(3) The signature of the employer, or the employer’s representative or designee, attesting to the validity of the evidence provided by the employer in the application pursuant to paragraph (2) of subsection a. of this section.

b. The commissioner shall establish procedures by which an employer who has previously been awarded an annual “NJ Family First Employer” designation may apply for a renewal of the award.

c. The commissioner shall revoke an award received by any employer who knowingly or purposefully provides false information on an application required pursuant to this section.

5. A notification of any award, renewal of an award, or revocation of an award of the “NJ Family First Employer” designation pursuant to section 4 of this act shall be delivered to the employer in writing or electronically in a timely manner.

6. a. The commissioner shall create a logo or emblem which an employer who has been awarded the “NJ Family First Employer” designation may use in the promotion of that employer.

b. An employer shall not advertise, or in any way imply in any advertisement, that the employer is a “NJ Family First Employer” if that employer has not received an award, if the award has not been renewed, or if an award was revoked, pursuant to section 4 of this act.

7. The commissioner shall publish a list, available to the public, and available on the Internet, of employers that are awarded the “NJ Family First Employer” designation. The list shall be updated no less than three times in any 12 month period in order to add the names of employers that have received an award or delete the names of employers that have had an award revoked or that have not renewed their award pursuant to section 4 of this act.

8. The commissioner shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as necessary to effectuate the purposes of this act.

9. This act shall take effect immediately.

STATEMENT

This bill enacts the “NJ Family First Employer Act.” The bill requires the Commissioner of Labor and Workforce Development to establish and maintain a program to designate employers located in this State as “NJ Family First Employers.”

The bill provides that the “NJ Family First Employer” designation will be awarded only to employers that, at a minimum, meet the following criteria:

1. Demonstrate that female employees have equal opportunity to advance to leadership positions in the workplace;

2. Provide, if appropriate to the employer’s needs, flexible work arrangements for both female and male employees, including, but not limited to, the use of sick leave for family illness, flexible scheduling or compressed work time opportunities for employees with children, and part-time work;

3. Make available child care facilities or services and qualify for the federal “Employer-provided child care credit,” or make available child care facilities or services and qualify for an employer-provided child care tax credit in this State;

4. Create and implement mentorship or leadership programs for female employees, or alternatively, arrange and provide financial support for female employees to attend leadership training conferences hosted by third parties during normal working hours; and

5. If the employer’s main industry is a male-dominated industry, actively engage the community in which the employer is located by sending highly qualified employees to schools, career fairs, and other appropriate settings in the community to promote the positive aspects of that industry to females.

Under the bill, the commissioner must establish procedures by which an employer may apply and be awarded an annual “NJ Family First Employer” designation.

The bill requires the commissioner to revoke an award received by any employer who knowingly or purposefully provides false information on an application required by the bill.

The bill requires the commissioner to create a logo or emblem which an employer who has been awarded the “NJ Family First Employer” designation may use in the promotion of that business. The bill also prohibits an employer from advertising, or in any way implying in any advertisement, that the employer is a “NJ Family First Employer” if that employer has not received an award, or if an award was revoked from that employer.

Finally, the bill requires the commissioner to publish a list, available to the public, and available on the Internet, of employers that are awarded the “NJ Family First Employer” designation.