On behalf of our member companies that provide over one million jobs and make NJBIA the largest statewide business association in the nation, we write to express our concerns with S-2689 and respectfully seek amendments to address significant operational and economic impacts on New Jersey employers.
NJBIA has consistently supported policies that help working mothers remain in the workforce. New Jersey already provides some of the strongest protections in the nation for employees affected by pregnancy and breastfeeding under the New Jersey Law Against Discrimination. We appreciate the sponsors’ intent. However, several provisions in this legislation extend well beyond providing workforce accommodations and raise serious concerns for the business community.
First, the requirement that accommodations be provided “for as long as the employee desires” introduces an indefinite standard that goes well beyond the federal requirement of one year after the birth of a child under the Reasonable Break Time for Nursing Mothers provision of the Fair Labor Standards Act. It also exceeds the approach taken by other states that provide extended protections but still apply defined timeframes. An open-ended duration creates uncertainty for workforce planning, scheduling, and staffing coverage. Establishing a reasonable, defined timeframe would better align with existing federal standards while still ensuring meaningful protections for working mothers.
Second, the bill mandates job restructuring and modified work schedules as part of the required accommodation. This language is broad and undefined, creating uncertainty for employers across industries. In practice, it could be interpreted to require significant alterations to scheduling structures or job duties that may not be feasible depending on the position. Employers already work with their staff on an individual basis to provide adequate accommodations for various medical issues, including breastfeeding break times and private spaces currently required by law, while also maintaining essential business operations.
There is also an important policy conflict worth noting. Recent expansions to New Jersey’s paid family leave framework emphasize job protection and restoration to substantially the same position upon return from leave. That framework limits the ability to permanently restructure a position while an employee is out. S-2689 would then require job restructuring once the employee returns. This creates potential operational and legal conflict between job restoration requirements and new restructuring mandates. Clarifying parameters around what constitutes reasonable restructuring would provide greater predictability and balance.
Third, S-2689 requires that all lactation breaks be paid at the employee’s regular rate of compensation. This exceeds federal wage and hour standards and would place New Jersey among a very small number of states mandating paid lactation breaks at full compensation. Depending on individual needs, employees may require multiple 20-to-30-minute breaks during a typical shift, which could result in more than an hour per day of paid time not performing job duties. It is also worth noting that employees are not generally required to be paid during bona fide meal breaks under federal law, which demonstrates that there is precedent for unpaid break time in hourly work settings. While employers support reasonable accommodations, a blanket paid break mandate creates significant cost implications, particularly for small and mid-sized employers already facing rising labor and compliance expenses.
New Jersey is already recognized as one of the most protective states in the nation for lactating employees. Our goal is not to weaken protections, but to ensure that any expansion is workable, clearly defined, and balanced in a way that supports both working mothers and sustainable business operations.
For these reasons, NJBIA respectfully seeks amendments to S-2689 and looks forward to working with the sponsors and the Committee to achieve a solution that provides clarity and fairness for all stakeholders.
