ASSEMBLY LABOR COMMITTEE

STATEMENT TO

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, Nos. 3529 and 2136

STATE OF NEW JERSEY

DATED:  JANUARY 15, 2015

      The Assembly Labor Committee reports favorably an Assembly Committee Substitute for Assembly Bill Nos. 3529 and 2136.

      This committee substitute, designated the “New Jersey Intern Protection Act,” provides legal protections and remedies for persons engaged in internships with employers.  It does so by adding interns to the provisions of the “Law Against Discrimination,” P.L.1945, c.169 (C.10:5-1 et seq.), the “Conscientious Employee Protection Act,” P.L.1986, c.105 (C.34:19-1 et seq.), and P.L.2006, c.53 (C.34:19-9 et seq.), sometimes referred to as the Worker Freedom From Employer Intimidation Act.

      Under all three enactments, an intern would be defined as an individual who performs services for an employer on a temporary basis whose work:

      (1) Provides training or supplements training given in an educational environment such that the employability of the individual performing the work may be enhanced;

      (2) Provides experience for the benefit of the individual performing the work; and

      (3) Is performed under the supervision of existing staff.  The term “intern” includes individuals without regard to whether the employer pays them a salary or wage.

      An intern would not only have recognized and enforceable legal protections from various forms of employer discrimination, retaliatory acts, and intimidation relative to religious and political matters in the workplace, the State would also have the authority, under the “Law Against Discrimination,” P.L.1945, c.169 (C.10:5-1 et seq.), to bring actions against employers.  In addition, nothing within the provisions of this bill or the various past legislative acts amended by this bill would prevent an intern from seeking protections or receiving remedies pursuant to any applicable federal law, other State law, or the common law.