Sept 2023

Governor Murphy Signs Employee Protection Law By Gregory Vinogradsky, Esq., EBP, Callahan & Fusco, LLC

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O n July 24, 2023, Governor Murphy signed into law a bill (A-4682/S-2389) that his office announced will “protect service workers from a sudden and unexpected loss of employment due to a change in ownership where they work.” In a nutshell, the law requires certain vendors that are awarded a contract by a community association of 50 or more units to retain the prior terminated vendor’s employees

rity guard; a front desk worker; a janitor; a maintenance employee; building superintendent; grounds maintenance worker; a stationary fireman; elevator operator and starter; or window cleaner.” It does not cover “any individual who performs work on any building, structural, electric, HVAC, or plumbing project if the work requires a permit to be issued by a municipal building or construction department.” The law further places responsibility on a community association to perform the following actions at least 15 days before terminating any service contract that is subject to this law: “(1) request the terminated contractor to give the successor employer a list containing the name, date of hire, and job classification of each service employee working on the service contract and name and contact infor mation of the employee’s collective bargaining repre sentative, if any; (2) give the successor employer a list containing the name, date of hire, job classification of each service employ ee currently performing the work to be performed pursuant to the service contract and name and contact information of the employee’s collective bargaining representative, if any;

for a period of 60 days or until the new vendor’s ser vice contract is terminated, whichever is earlier. While the law covers more than just community associations, it specifically includes “multi-family resi

“The law specifically protects employees that work 16 or more hours per week for the covered vendor..."

dential building[s] with more than 50 units.” As such, both the association and their vendors must ensure they comply or face civil penalties, including fines, lost wage claims, attorney’s fees, etc. The law specifically protects employees that work 16 or more hours per week for the covered vendor and engage in the “the care or maintenance of a building or property and includes but is not limited to work performed by a secu

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SEPTEMBER 2023