Senate passes ban on nondisclosure agreements for state officers
The Senate voted unanimously to bar nondisclosure agreements as part of settlements for sexual assault and harassment claims against state officers and employees and members of the Legislature. S-593 (Beach)/A-268 (Armato) also prohibits the use of campaign contributions to pay a settlement of a claim against a candidate or an employee of a candidate. The New Jersey State Bar Association (NJSBA) expressed concerns about the bill, some of which were addressed in the reprint, and continues to monitor its progress in the Legislature.
The bill was revised to permit the use of public funds to settle claims, a measure that would allow a victim to recover a settlement against a state officer or employee or special state officer or employee. However, the NJSBA has always expressed concerns that a ban on nondisclosure agreements may serve as a disincentive to settlement for those who wish to have their claims remain confidential. The bill has not yet moved in the Assembly.
Senate votes on measure to pay dependents of essential employees who succumb to COVID-19
The Senate voted out a bill that would provide supplemental benefit payments to the dependents of essential employees who died in the course of employment due to COVID-19. The bill would also provide a cost of living adjustment to death benefit payments. S-2476 (Singleton)/A-3998 (Murphy), which is being monitored by the NJSBA, has not yet moved in the Assembly.
“During the highest peak of the COVID-19 pandemic, and even now, we heavily depended upon our frontline essential workers to get us through the worst healthcare crisis this country has ever seen,” said Senator Troy Singleton. “Unfortunately, some of those workers were exposed to the virus and did not recover. The proposal would provide an increased death benefit payment to the families of essential workers, in recognition of their sacrifices and their loss.”
The benefits, awarded through workers’ compensation and employers, are payable to a spouse, unless they remarry, for the rest of their lives. Other dependents, such as children under the age of 18 at the time of the employee’s death, would be covered until they are 18, or 23 if they are enrolled as a full-time student. The benefits are intended to mirror the death benefits currently in place for dependents of public safety workers, such as police officers or firefighters killed in the line of duty.
Judiciary continues suspension of court operations through June
In its fourth omnibus order, the New Jersey Judiciary continued certain suspensions and extensions through June 28, and provided updated direction in specific practices.
- Jury Trials: New jury trials continue to be suspended. Ongoing jury trials suspended during COVID-19 may resume consistent with public health precautions, with the consent of all parties.
- Grand Jury: In-person grand jury selection and sessions remain suspended. Grand juries may convene remotely, consistent with the Pilot Program for Virtual Grand Juries, which is currently operating in Bergen and Mercer counties.
- Landlord/Tenant: Lockouts of residential tenants continue to be suspended in accordance with Executive Order 106. Landlord/tenant complaints may still be filed with the courts, and new complaints will include an email address for the landlord and, to the extent possible, the tenant. The court will schedule conferences, including to obtain or confirm contact information from the parties and conduct settlement negotiations, in an effort to resolve matters. Trials continue to be suspended until further notice.
- Tax Court: The provisions of prior orders extending all filing deadlines for state tax controversies remain in place. Local property tax appeal provisions are vacated.
- Trial Court Filing Deadlines: The Supreme Court restated that the computation of time periods under the Rules of Court and under any statute of limitations for matters in all trial divisions of the superior court, for the period from March 16 through May 10, will not be included in calculating those trial court filing deadlines.
Any updates to court openings and proceedings may be found at njcourts.gov under “Notices.”
This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.