New Jersey Employer Alert: Pay Equity Notice Provisions Take Effect January 6, 2014

December 30, 2013
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The requirement to post employment law notices is nothing new. The only problem is, there are so many of these impositions already that many employers are literally running out of wall space to post all required notices.  Failure to post can result in hefty fines and unwanted employment law liability. Once again, the New Jersey legislature has added yet another posting requirement with a twist: now it is not sufficient to simply post the notice. Covered New Jersey employers must also obtain an acknowledgement of receipt. Last year, Gov. Chris Christie signed the requirement into law to require New Jersey employers with 50 or more employees to post the notification detailing “the 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 (NJLAD), Title VII of the Civil Rights Act, and the Equal Pay Act. Due to delays in the implementation process, the gender discrimination notice requirements will take effect on January 6, 2014. The Department of Labor and Workforce Development recently published the final version of the notice that employers must post and distribute and established deadlines for compliance. Covered companies must post the notice by January 6, 2014. For workers hired on January 7, 2014 and thereafter, a copy of the notice must be provided at the time of hire. Employers have until February 5, 2014 to provide existing employees with a copy of the notice. As a reminder, the law provides for several methods of providing written notice to employees, including:
  • By email delivery;
  • 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
  • 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.
Finally, the employer must obtain an acknowledgement from the employee that the notification was received. It must state 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. If you have any questions about the new notice requirements for New Jersey employers or would like to discuss the legal issues involved, please contact me, Gary Young, or the Scarinci Hollenbeck attorney with whom you work.