DECEMBER 17, 2013–ON JANUARY 6, EQUAL PAY ACT POSTING REQUIREMENTS KICK IN FOR NEW JERSEY EMPLOYERS.  Implementing an amendment to the New Jersey Equal Pay Act, the New Jersey Department of Labor and Workforce Development (NJDOL) released the new mandatory gender equity notice on December 11, 2013. Under this 2012 amendment, New Jersey employers have to inform employees of their “right to be free from gender inequity or bias in pay, compensation, benefits or other terms or conditions of employment” under state and federal anti-discrimination statutes.  Even though the law passed in 2012, it won’t take effect until it is “published” which occurs on January 6.  After that date, employers in New Jersey with a total of 50 or more employees—whether those employees work in or outside of the state—will have to comply with the following:

  • Covered employers must conspicuously post the notice in an area that is accessible to all employees in each of the company’s locations.
  • Alternatively, if an employer has an Internet site or intranet site exclusively used by its employees and, to which all employees have access, the employer may satisfy the posting requirement by placing the notice on the site.
  • On, or before, February 5, 2014, covered employers must provide written notice to employees hired on or before January 6, 2014.
  • After January 6, 2014, covered employers must provide a written copy of the notice to all new hires at the time of hire.
  • Covered employers must provide every employee with a written notice of the same information annually on or before December 31 of each year.
  • Covered employers also must provide each employee a written copy of the notice upon request.

The required notice can be distributed electronically or in hard copy form. The written notice must be accompanied by the employee’s acknowledgment that the notice was received, read and understood.  This acknowledgment must be signed by the employee (in writing or by means of electronic verification) and returned to the employer within 30 days of the employee’s receipt of the notice. Employers should begin addressing now how they will satisfy this new administrative burden.Notices must be posted in English and Spanish as well as any other language spoken by 10% or more of the employer’s workforce provided that the NJDOL has issued the notice in that language. At the present time, notices are only available in English. The NJDOL is in the process of creating translations.

[2]. View the full text of the September 21, 2012 amendment to the New Jersey Equal Pay Act here.
[3]. View our October 1, 2012 LawFlash, “New Jersey Imposes Gender-Equality Notice Obligations on Employers,” here.

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