A bill recently introduced and currently under review by the Assembly Consumer Affairs Committee (A3889), if passed, would require criminal background checks for owners and employees of home services enterprises. The bill defines “home service enterprise” as any public or private business, corporation or partnership which provides for a fee a service requiring entry into the home. It does not include individuals who are independent contractors or those not regularly engaged in the business for which they are hired. Under the proposed statute, the background checks will be conducted by the Division of Consumer Affairs. If the Division finds that an owner or employee of a home service enterprise has a conviction for: 1) a disorderly persons offense; 2) a crime against the family, children, or incompetents; 3) theft; or 4) a crime involving any controlled dangerous substance in New Jersey or elsewhere, the person may be disqualified from owning or being employed by the enterprise. If the bill is passed, all owners of a home service enterprise must apply to the Division for certification to own the enterprise within 90 days of the bill’s effective date. The owners/applicants will bear the cost of the background checks. Individuals will have 30 days to petition any disqualification and show rehabilitation.
Employers may soon find themselves reviewing and revising health plan master documents and summary plan descriptions (SPDs) and administrative service agreements with respect to an obscure claims administration practice known as “cross-plan offsetting”—following a recent federal appeals court ruling.
New Jersey Supreme Court Overturns Criminal Conviction Based Upon Display of Union Rat, Ruling Ordinance Violated Free Speech
The New Jersey Supreme Court recently ruled that a Lawrence Township municipal ordinance prohibiting display of balloons or other inflated signs, with the exception of “grand opening” signs, is an improper content-based restriction on speech, in violation of the First Amendment. This case arose from the criminal conviction of a union official for displaying an inflatable union rat as part of a labor dispute.
OFCCP Issues NEW Compensation Directive and Rescinds Compensation Standards and Voluntary Guidelines
The Office of Federal Contract Compliance Programs (OFCCP) announced today that effective February 28, 2013, it has rescinded the 2006 Compensation Standards (Standards) and Voluntary Guidelines. In the Notice of Final Rescission, OFCCP stated that it does not intend to replace the Standards with a formal rule. Instead, the agency…..