2022 Notable New Employment Laws for Pennsylvania, New Jersey, and Delaware
New Employment Laws 2022 – A new year means new laws. Employers should be aware of the following changes that went into effect as of January 1, 2022.
Philadelphia Code § 9-5500
The Philadelphia Code § 9-5500 prohibits Philadelphia employers from requiring job applicants to submit to pre-employment drug tests for marijuana use. Several categories of applicants are exempt from the law, including: (i) police officers and other law enforcement positions; (ii) positions requiring a commercial driver’s license; (iii) positions requiring the supervision or care of children, medical patients, disabled or other vulnerable individuals; and (iv) positions in which the employee could significantly impact the health or safety of other employees or members of the public, as determined by the enforcement agency. In addition, the law does not apply where drug testing is required pursuant to:
- any federal or state law, regulation, or order that requires drug testing of prospective employees for “purposes of safety or security”;
- any contract between the federal government and an employer or any grant of financial assistance from the federal government to an employer that requires drug testing of prospective employees as a condition of receiving the contract or grant; or
- any applicants whose prospective employer is a party to a valid collective bargaining agreement that “specifically addresses the pre-employment drug testing of applicants.”
New Jersey AB 5892 (SB 3922)
New Jersey AB 5892 (SB 3922) provides that misclassifying employees as independent contractors to evade payment of insurance premiums is a violation of the New Jersey Insurance Fraud Prevention Act and provides civil penalties of up to $5,000 for the first violation and discretionary criminal actions through the Attorney General’s office.
- New Jersey’s minimum wage is now $13.00 per hour.
- Delaware’s minimum wage is now $10.50 per hour.
Employers should consult with experienced human resources professionals and/or labor and employment counsel with any questions regarding these new employment laws and any required changes to employer policies and practices. For MEA members, the Hotline and a Member Legal Services attorney are available to provide this assistance.