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Winter Is Coming (and lawsuits, don’t forget the lawsuits)
Lately, the news cycle has been dominated by stories about expansion and shifting boundaries in frigid terrain. Commentary regarding who’s covered . . . and who isn’t. Big-picture decisions about protection and resources, with very real downstream consequences for those affected.
We’re talking, of course, about legislative changes in New York and New Jersey.
In today’s edition, we’re bringing you a few updates out of the Empire and Garden States. Pour something warm. Sit back. And enjoy. (and stop reading the news)
New Jersey Family Leave Expansion
As a reminder, New Jersey has two notable laws when it comes to family leave. The first is Family Leave Insurance (FLI), which provides monetary benefits to employees for things like bonding with a newborn, but does not provide for job protected leave. The second is the New Jersey Family Leave Act (FLA), which provides eligible employees with up to twelve weeks of job protected leave for similar events, but does not provide for monetary benefits.
In practice, eligible employees often combine these two laws to create what is essentially paid, job protected leave; but while nearly every employer must provide FLI, only employers with at least 30 employees are required to provide FLA . . . but that’s about to change.
Last week, the now-former governor Murphy signed into law a bill that significantly expands the FLA, including changes to employee headcount and eligibility requirements. FLA will now apply to employers with 15 employees, half the previous threshold. Eligibility also moved way up (or is it down? whatever – it changed). Employees no longer need a year on the job and 1,000 hours worked. Now it’s three months and 250 hours, which means job-protected family leave can come into play almost immediately.
The amendments also continue New Jersey’s steady march toward treating paid leave and job protection as a single system. As noted above, if an employee previously took FLI but was not eligible for FLA, that leave was technically unprotected and employers had more latitude to make personnel changes involving those employees (I mean, you’d still totally be sued if you did this, you’d just have a little more cover). Employees taking leave tied to FLI – as well as NJ’s version of short-term disability – will now be entitled to reinstatement, and the statute makes clear that employers have less room than ever to argue around that obligation once leave ends.
All of this takes effect July 17, 2026. So before you go OOO for summer break, check your headcount and your policies. This is not a change you want to discover mid-break, lounging on the beach, while the hot sun warms you . . .
(sorry – this weather is breaking us. Back to the blog)
More Sick Leave: In; More Credit Checks: Out
Not to be outdone, New York has also been busy.
Beginning February 20, 2026, New York City employers must allow employees to take up to 32 additional hours of unpaid sick and safe time each year – and just to be clear, this is in addition to the paid leave already required under the law (which is either 40 or 56 hours, depending on headcount). And because this unpaid time sits under the same statute as the paid leave, it comes with all the same wonderful bells and whistles you’ve come to know and love: job-protected leave status, anti-retaliation provisions, and a private cause of action (oh my!). If you have not already done so, we highly recommend you update those employee handbooks to account for this change. And if you need assistance, I’m pretty sure we’ll be locked indoors with our children for the next few days so we are happy to focus our attention on you and help . . . please.
New York State also expanded its credit history ban, continuing its steady narrowing of what employers are allowed to consider in employment decisions.
Under the updated law, employers are broadly prohibited from using an applicant’s or employee’s credit history in employment decisions. This goes beyond running formal credit checks. Hiring, promotion, compensation, and continued employment decisions are all covered, with only narrow, role-specific exceptions. If credit history has ever factored into decision-making, even informally, it now needs to be off the table. If you’re currently including these types of searches in your background checks, put down the snow-blower and salt bag and give us call (please see note above about our children).
That’s all for this one. Have a great weekend everyone. Stay safe out there! As always, if you’ve got questions, you know we’ve got answers (except if you have questions about what to do with the snow, then you’re on your own).
~ The W + K Team
ABOUT WEINSTEIN + KLEIN P.C.
Founded in 2019, Weinstein + Klein is a modern boutique law firm that serves as outside general counsel to businesses across industries. Weinstein + Klein provides strategic, day-to-day legal support with a focus on labor and employment law, corporate and transactional matters, and business litigation. Weinstein + Klein works closely with business owners, executives, and entrepreneurs to proactively manage risk, navigate complex employment issues, and handle key transactions – from formation to funding to exit.