Earned Sick Leave for NJ Construction Workers: What S3510 Would Change for CBA-Covered Employees

Earned sick leave in New Jersey already covers most employees, but construction workers under collective bargaining agreements (CBAs) have been treated differently. Proposed bill S3510 addresses this issue.

Construction workers depend on CBAs that differ from one job site to the next. In agreements we review at Brandon J. Broderick, time-off terms vary. Some provide broader benefits, while others set limits that don’t align with state rules. A new proposal moves toward a more consistent approach. The shift will change how employers and unions structure time off going forward.

When S3510 applies earned sick leave requirements to construction workers covered by CBAs, those employees receive consistent protections regardless of contract terms. 

In this guide, we cover what S3510 proposes, how earned sick leave applies under CBAs, how contract conflicts with state law are evaluated, and when to speak with a wage and hour lawyer in New Jersey. 

How New Jersey Paid Sick Leave Applies to Construction Workers

New Jersey’s Earned Sick Leave Law sets a baseline for most employers. It’s not a voluntary benefit. It is part of wage-and-hour compliance. The law requires employers to provide paid time off to most employees working in the state, including part-time and temporary workers.

Under the statute, employees accrue one hour of earned sick leave for every 30 hours worked. Accrual caps at 40 hours per benefit year. Employers have another option. They can front-load the full 40 hours at the start of the benefit year instead of tracking accrual throughout the year. Either approach satisfies the law if done correctly.

Sick time isn’t limited to a worker’s own illness. New Jersey built a broad list of permitted uses into the law. The list reflects how people actually use time off in real life. Covered uses include:

• Diagnosis, care, treatment, or recovery from a worker’s own mental or physical illness
• Preventive medical care, such as routine checkups
• Care for a family member with a health condition
• Time needed after domestic violence or sexual violence, including medical care, counseling, relocation, or legal services
• Closure of a workplace or a child’s school due to a public health emergency
• School-related conferences, meetings, or events for a child

Payment rules are clear. Time off must be paid at the employee’s regular rate. When pay varies, such as with per-unit pay or fluctuating earnings, employers must use a proper average. This is based on hours worked and compensation earned. 

Recordkeeping matters. Employers must maintain records showing hours worked and leave used. They must also provide written notice of rights and display the required state poster. These requirements come from the New Jersey Department of Labor and tie directly into enforcement.

New Jersey treats violations of the Earned Sick Leave Law as wage-and-hour issues. The wording carries weight. If an employer fails to provide time off or disciplines a worker for using it, the claim looks similar to an unpaid wage claim. Workers may recover additional damages, and in some cases, rely on wage liens to secure payment. It can attach to assets, including business property, to help secure the amount owed. 

Courts don’t treat paid sick leave as a benefit. Employers track it alongside hours and apply it within attendance policies. When we present these cases, the distinction drives how disputes are evaluated. Most employees are covered, while those under certain union contracts are treated differently. 

Speaking with a wage and hour attorney in New Jersey can help clarify how these rules apply in a specific situation. 

Why the ESLL CBA Exclusion Applies to Construction Workers in NJ

New Jersey carved out construction workers covered by union contracts from the Earned Sick Leave Law. 

This is not a broad industry exemption. It doesn’t apply to everyone connected to construction. It applies to workers who meet both conditions. They must work in the industry, and they must be covered by a collective bargaining agreement.

The distinction creates a split within the workforce. Two employees working side by side on related tasks may fall under different rules depending on how their roles and contracts are classified.

Union construction work has always operated differently from standard employment models. Collective bargaining agreements set wages and hours through negotiation between unions and employers. These agreements often include paid time off or holiday pay.

Those negotiated benefits do not always match what the Earned Sick Leave Law requires.

A typical CBA might include:

• vacation pay tied to hours worked 
• benefit funds for health care or retirement contributions
• provisions defining compensable work time

These types of benefits don’t automatically take the place of earned sick leave. The statute sets out specific uses and protections that do not always overlap with general time-off structures. In the agreements we review at Brandon J. Broderick, vacation banks don’t always cover situations like a child’s school closure. General PTO policies often lack job protection for domestic violence leave.

Construction work adds another layer. Workers move between job sites, and schedules are often tight. Missing a day can affect deadlines and safety planning. In our practice, this structure makes it harder to apply a consistent system. It shapes how time off is handled in practice. 

Without statutory earned sick leave, workers rely on whatever the CBA provides. 

Not every role fits within the exemption. Suppliers, drivers, maintenance workers, and employees with mixed duties often fall into gray areas, and employers and workers do not always agree on whether a position qualifies under the law. The uncertainty also connects to broader issues of misclassification in the construction industry. 

In 2024, New Jersey estimated that misclassified construction workers lose roughly $22,400 to $26,000 per year in compensation. Across commonly misclassified occupations, they take home about 26% to 37% less than employees. 

What S3510 Means for NJ Construction Workers and Earned Sick Leave

Senate Bill S3510 targets a specific problem inside the existing exemption. It doesn’t eliminate the construction carveout. Instead, it focuses on employees covered by contracts that are amendable and do not expire.

The language matters. Some collective bargaining agreements operate on fixed terms. Others continue indefinitely and allow amendments over time without a clear expiration date. S3510 addresses the second category.

If enacted in its current form, the bill would reshape how certain employers handle paid sick leave. Key effects include:

• Expanded coverage: Employees working under amendable, non-expiring CBAs would no longer fall outside the Earned Sick Leave Law. They would gain statutory rights to paid time off.
• Accrual requirements: Employers would need to track one hour of leave for every 30 hours worked, up to 40 hours per benefit year, or front-load the time at the start of the year.
• Protected uses: Time off would need to be available for all reasons listed in the statute, including family care, preventive care, and school-related events.
• Payment rules: Employers would need to compensate at the employee’s regular rate, following the same calculation rules applied to other workers.
• Notice obligations: Employers would need to provide written notice of rights and display the required state poster.
• Recordkeeping: Employers would need to maintain records of hours worked and leave used for five years.
• Anti-retaliation protections: Employers would be barred from disciplining or penalizing workers for requesting time off.

These concepts already apply to most employees in New Jersey. S3510 extends them into a part of the workforce that has operated under different rules.

Employers with existing CBAs would need to compare their current benefits with statutory requirements. If a contract offers paid time off, it must still meet the law’s conditions. Labeling time as “PTO” is not enough. Some agreements would need adjustments.

Administrative systems would also need updates. Many employers track hours across multiple job sites and projects. Adding earned sick leave accrual requires accurate tracking and consistent payroll practices.

S3510 doesn’t replace collective bargaining. It sets a baseline. Employers and unions can negotiate terms above that level, but not below it once the statute applies.

ESLL Changes Matter More for Construction Workers Under CBAs

Recent litigation shows how quickly confusion over the Earned Sick Leave Law turns into legal exposure. A key example is Cano v. County Concrete Corp., decided by the New Jersey Appellate Division in 2026. The case centered on whether the employer qualified for the construction industry exemption. 

The dispute focused on how that time was structured and used. According to the case:

• A paid leave policy doesn’t satisfy the law unless it covers all required uses
• Employers must align policies with statutory language, not general workplace practice
• Classification disputes can determine whether the law applies at all
• Poor records make it harder to defend against wage-and-hour claims
• Courts look closely at how policies function in real conditions, not how they are labeled

Construction-related employers face additional pressure due to the industry exemption. When an employer claims the exemption, it must show that the employee fits within it. If that classification fails, the employer must meet full compliance with the Earned Sick Leave Law.

If S3510 is enacted, fewer employers will be able to rely on the exemption when dealing with amendable, non-expiring CBAs. Workers would see a clearer set of rights. Instead of relying solely on negotiated benefits, they would have statutory protections tied to specific uses and backed by wage-and-hour enforcement.

S3510 brings more construction workers under a consistent set of rules. For employers, that reduces gray areas. For employees, it provides clearer protections tied to state law.

If you are facing this issue, it is worth a closer look. Contact us today for a free consultation.