Government, Courts, and the World of Work

Having passed the Assemby, the Senate postponed action on the so-called paid family leave.  The bill would entitle employees up to six weeks of wage continuation to care for ill family members and newborns.

Opposition has been fierce, but in the end an obscure constitutional requirement requiring a super-majority vote on procedural issues  caused the Senate  to postpone a vote until it reconvenes later this year.

Opponents have argued that the bill would cost jobs, even though employees would pay for the benefit and there is no empirical evidence suggesting wage insurance would cause employers to restrict hiring.  Nevertheless, the fear of red tape and absent employees has caused small business to mount a sustained attack. An economic down turn has caused even more anxiety.

Time appears to be  on the side of those who seek to derail the bill.  The economy appears to be in a recession and legislators do not want to be branded as insensitive to business.

On the other hand, some in the executive branch and their labor allies are anticipating a Democrat in the White House later this year and they would like nothing better than to get national recognition for paid family leave.  Indeed, there is speculation that the NJ bill will be a model for national legislation.

As noted in an earlier post, paid family leave represents good social-economic policy; but right now, opponents have the better political club.

In a curious mix of bipartisanship,  4 State Senators have proposed a bill that mirrors an Arizona law that requires employers to verify electronically the legal status of new hires and imposes stiff penalties for noncompliance.

The Arizona law encourages people to report employers who employ undocumented workers to the county sheriff. Under the law, the sheriff’s department conducts an investigation and makes a recommendation to the county attorney for penalites, which could include the revoking the firm’s license to conduct business.

One sponsor, Senator Sweeney, the Senate Majority Leader, is also a labor official.  Senator Pennacchio, a Republican,  is running for a US Senate seat.  Thus, a political confluence of left wing economic insecurity and right wing cultural angst.

This issue will be grinded out for the the remainder of the year.