New Jersey Adds Notice Requirement for Employers
The New Jersey Legislature recently passed Assembly Bill 2647, which adds a requirement
for employers to post and distribute a gender-based pay equality notice to all New Jersey employees,
and receive a signed acknowledgement. This notice applies to any New Jersey employers with over
50 employees and is set to take effect November 21st, 2012. However,
it is important to note that employers will have 30 days to comply with the law once
the New Jersey Department of Labor develops and makes the notice available for distribution—a
process which is likely to take a few months.
In order to comply with this new law, an employer must:
- Post the notice in a conspicuous place accessible to all employees. The notice must be in English, Spanish,
and any other language spoken by 10% of an employer’s workforce, provided that the NJDOL has issued a form notice in that language.
- Provide a copy of the notice to each current employee within the initial 30-day period.
- Provide a copy of the notice to new employees at the time of hire.
- Provide a copy of the notice to any employee upon request.
- Redistribute the notice to all employees on an annual basis.
- Collect an annual acknowledgment from each employee that the employee has read and understood the notice.
The law allows for electronic delivery via email or a website, so long as “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.”
This new requirement, coupled with those already in place requiring annual distribution,
such as the MW-400 Records Notice, will require New Jersey employers to closely examine
their practices for distributing and recovering signed versions of mandated forms. Employers
will need to begin an examination of those processes now, in order to be prepared
to comply once the notice is posted and the 30-day countdown begins.
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