Labor and Employment Law Update

On September 19, 2012, the New Jersey Assembly passed a new law, imposing new posting and notice requirements. Effective November 19, 2012, every employer with 50 or more employees must conspicuously post notification, in a place or places accessible to all workers in each of the employer’s workplaces, in a yet to be issued form to be issued by the Commissioner of Labor and Workforce Development. The Notice must detail the employee’s right to be free of gender inequity or bias in pay, compensation, benefits or other terms or conditions of employment under the New Jersey Law Against Discrimination, Title VII of the Civil Rights Act of 1964, and the Equal Pay Act of 1963, which prohibit wage or compensation discrimination based on gender.

Under the new law, an employer must provide each worker with a written copy of the notification annually on or before December 31 of each year through one of the following methods:

(1) By email delivery;

(2) Via printed material, including, but not limited to, a pay check insert, brochure or similar informational packet provided to new hires, an attachment to an employee manual or policy book, or flyer distributed at an employee meeting; or

(3) Through an Internet or Intranet website, if the site is for the exclusive use of all workers, can be accessed by all workers, and the employer provides notice to the workers of its posting.

The notification provided by the employer must contain an acknowledgement that the worker has received the notification and has read and understands its terms. The acknowledgement must be signed by the worker, in writing or by means of electronic verification, and returned to the employer within 30 days of its receipt.

The employer must post and provide the notification in English, Spanish, and any other language for which the Commissioner has made the notification available and which the employer reasonably believes is the first language of a significant number of the employer’s workforce.

Please contact us for further information about the new requirements. We will send out another Blast once the official posting has been released.

The information contained in this article should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.