Since 2018, New Jersey employees have been entitled to paid sick leave pursuant to New Jersey’s Earned Sick Leave Law. But guidance from the courts on interpreting the law has been sparse.

On January 28, however, New Jersey’s Appellate Division issued a decision that gives employers insight into administering their sick leave policies and defending ESLL claims.

In Cano v. County Concrete Corporation, the two plaintiffs were hourly-paid drivers who were union members. The lawsuit, which was filed as a class action, alleged that the employer did not provide paid sick leave in accordance with the ESLL. The employer was a sand, gravel, and redi-mix concrete supplier who asserted that it was exempt from the ESLL because it was a member of the “construction industry,” and, even if not exempt, its existing vacation policy satisfied the law as a qualified paid time off system.

The trial court granted partial summary judgment to the plaintiffs, finding that the company had failed to post the required written notice under the ESLL. The case then proceeded to a bench trial (non-jury trial before a judge) on the remaining claims.

The judge ruled that the employer violated the ESLL by

• Failing to provide employees proper written notices.
• Failing to provide the plaintiffs with paid sick leave benefits.
• Not maintaining appropriate records.

The court not only issued judgment in favor of the two named plaintiffs, but it also devised a process for determining damages owed to all “...

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