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Challenging a vague municipal ordinance

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victim-abuser

Junior Member
What is the name of your state (only U.S. law)? Nj

My cousin is sitting here with me now and asked a question of me.

I did my research but stumped. I don't want to make a fool out of her but here goes

Many cities enacted paid sick leave to all employees in the city of Trenton. She been working for a staffing firm for 1.5 years and she doesn't get any paid sick leave. She said that she spoke to other people and they get it but her agency is silent on the issue.

I read the entire ordinance and she looks like she is eligible.

What is the worst that can happen to her if she files a complaint. She said she asked why other temps in the city receive it but she doesn't and they haven't responded to her.

It might be an innocent mistake. Maybe they don't know about the ordinance since it's so new but what is the right way to find out. City officials are not forthcoming. Only option is to file with state agency or municipal judge. She doesn't want to file with state agency because her exes ex-wife works there.
 


victim-abuser

Junior Member
I guess our question to sum it up is we don't want to challenge the ordinance itself. We want clear guidance on who is eligible and who is not. Thank you
 

ShyCat

Senior Member
http://www.trentonnj.org/documents/Health-Human-Services/Frequently%20Asked%20Questions%20(English).pdf
 

victim-abuser

Junior Member
Thank you shy. Yes she appears eligible but the staffing agency is located in Paramus not Trenton. Is that why maybe she isn't receiving it. It's not clear on out of town companies sending workers into the city.
 

ShyCat

Senior Member
So her employer is not located within the city of (and jurisdiction of) Trenton. There's no reason for a Trenton ordinance to mention that it does not apply to employers located in Paramus.
 

victim-abuser

Junior Member
So her employer is not located within the city of (and jurisdiction of) Trenton. There's no reason for a Trenton ordinance to mention that it does not apply to employers located in Paramus.

That is what is unclear because the employee actually works in trenton and the ordiance is for all employees working in Trenton. Other temp agencies are housed in other towns outside of trenton as well and they are complying. Which is why I don't understand that part. It is a new ordinance. The business industry tried to shut it down but they lost. This would not be an attack on the ordinance itself, it would be thru the munipal court to determine if they are obligated to comply or not I suppose. Thanks I think I will have her call city hall tomorrow to see if anyone can answer for her.
 

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