Governor signs parking lot coverage bill

New Jersey Gov. Phil Murphy on Monday signed legislation that effectively abrogates a 2014 state Supreme Court decision finding a worker injured while walking from a private parking garage to her workplace was not entitled to work comp benefits.

S.B.771 declares that if an employer “provides or designates a parking area for use by an employee,” employment commences when the employee arrives at the parking area before reporting to work. The measure also declares that employment terminates when the employee leaves the designated or provided parking area.

Workers are deemed to be acting in the course of employment while traveling directly to or from the parking area, under language in S.B. 771.

The Senate voted 22-10 to pass the bill Jan. 11, 2021, and the Assembly voted 44-24 to pass it Dec. 20. The bill essentially overturns the state Supreme Court decision from 2014 in Hersh v. County of Morris, of which Cheryl Hersh was injured in January 2010 when she was hit by a car while crossing a public street from a private parking garage where the County of Morris rented space for employees to park.

The court said the county had no direct business interest as a result of paying for employee parking, did not control the public street and that Hersh was not exposed to any additional hazards.

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