SENATE LABOR COMMITTEE

STATEMENT TO

SENATE, No. 771

STATE OF NEW JERSEY

DATED:  DECEMBER 8, 2020

      The Senate Labor Committee favorably reports Senate Bill No. 771.

      This bill provides that, for purposes of coverage under workers’ compensation law, R.S.34:15-1 et seq., if an employer provides or designates a parking area for use by an employee, then employment is deemed to commence when an employee arrives at the parking area prior to reporting for work and ends when an employee leaves the parking area at the end of a work period.  The bill further provides that, if the site of the parking area is separate from the place of employment, an employee is deemed to be in the course of employment while traveling directly from the parking area to the place of employment prior to reporting for work and while traveling directly from the place of employment to the parking area at the end of a work period.

      Therefore, the bill provides that an injury is compensable under the workers’ compensation law if it occurs in a parking area provided or designated by the employer, or it occurs when an employee is traveling directly between the parking area and the place of employment.

      Currently, the workers’ compensation law provides that employment commences when an employee arrives at the place of employment and ends when an employee leaves the place of employment.  The law excludes any travel to or from the place of employment and the site of any parking area separate from the place of employment provided by an employer. Therefore, an injury occurring when an employee is traveling between the parking area and the place of employment is not now covered by workers’ compensation.

      This bill was pre-filed for introduction in the 2020-2021 session pending technical review. As reported, the bill includes the changes required by technical review, which has been performed.