SENATE BILL NO. 2864

(First Reprint)

To the Senate:

Pursuant to Article V, Section I, Paragraph 14 of the New Jersey Constitution, I am returning Senate Bill No. 2864 (First Reprint) with my recommendations for reconsideration.

Senate Bill No. 2864 (First Reprint) adds an exception to New Jersey’s Child Labor Law, N.J.S.A. 34:2-21.3, with respect to the working hours of minors ages 14 and 15 who are professional athletes employed by a national sports association, league, or team.

The bill states that a minor who is 14 or 15 years of age may be employed as a professional athlete by a national sports association, league, or team after 11 p.m. and into the next day if that employment is a continuation of a workday which began before 11 p.m.  The exception requires special written permission from the minor’s parents or legal guardian stating the hours that the minor is permitted to work.  However, the bill states that under no circumstances can a minor work after 3 a.m. or before 6 a.m. on a day which precedes a regularly scheduled school day.

While I understand the intent of the law, I am concerned that the bill sets working hours that are too broad for this age group. As currently written, the bill would allow for instances wherein 14- and 15-year-olds are able to only sleep for three hours per night, far less than the nightly amount recommended by medical professionals.  I recommend revising the bill to permit minors ages 14 and 15 who are professional athletes employed by a national sports association, league, or team to work until 11:30 p.m., rather than until 3 a.m., as proposed.  This revision aligns the bill with New Jersey’s current law permitting minors employed in a concert or a theatrical performance to work until 11:30 p.m.

I look forward to continuing to work with the legislature to advance strong labor protections in our state.  It is my sincere hope that the Legislature returns this bill to my desk without delay.

Therefore, I herewith return Senate Bill No. 2864 (First Reprint) and recommend that it be amended as follows:

Page 2, Section 1, Lines 34-36:    Delete “after 11 p.m. and following 12:01 a.m. of the next day if that employment is a continuation of a workday which began before 11” and insert “until 11:30”

Page 2, Section 1, Line 36:        After “p.m.” insert “of any day”

Page 2, Section 1, Lines 38-40:    Delete “except that in no case shall minor be employed after 3 a.m. or before 6 a.m. on a day which precedes a regularly scheduled school day”

                             Respectfully,

     [seal]

                              /s/ Philip D. Murphy

                             Governor

Attest:

/s/ Parimal Garg

Chief Counsel to the Governor