New Jersey workplace bulletin boards will have a new posting on November 21, 2012. The state passed a new law imposing posting and notice requirements on all covered employers regarding gender equality in pay, compensation, benefits, and other terms and conditions of employment. Covered employers are those employing 50 or more employees, regardless of whether one or all of the employees are in New Jersey. (But see how Connecticut has addressed this same issue, but reached the opposite conclusion.) The law amends New Jersey’s Equal Pay Act, prohibiting discrimination by employers in the rate or method of pay based on an employee’s sex.
Under the posting requirement, employers must conspicuously post a notice issued by the New Jersey Department of Labor (“NJDOL”) notifying employees of their right to be free of gender inequality and bias with respect to pay, compensation, benefits, and other terms and conditions of employment. This posting will not be the only one on the bulletin board with this message. Covered employers in New Jersey are currently also posting notices under the provisions of Title VII and the New Jersey Law Against Discrimination, which also state that it is illegal to discriminate based on sex. If the posters have not been issued by November 21, 2012, employers will have 30 days from whenever they are issued to post the notice.
The notice requirement is two-fold. First, the employer must provide a copy of the notice and a written acknowledgement of receipt to employees. For current employees, this is due to the employees within 30 days of when the notice is issued by the NJDOL. For new hires, this is at the time of hire. Additionally, this notice and acknowledgement should be provided to employees each year and at any time requested by the employee. Second, the employer must receive the executed acknowledgement of receipt every year from every employee within 30 days of delivery. On a positive note, employers may fulfill this notice requirement not only through issuing printed material, but also by issuing the notice and acknowledgement through email or in some cases through an Internet or intranet website.
Brody and Associates regularly advises management on complying with the latest state and federal employment laws. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.965.0560.
