As of November 7, 2011, the New Jersey Department of Labor and Workforce Development implemented a new notice posting requirement applicable to New Jersey employers. The required notice contains a detailed description of employer recordkeeping requirements under state employment laws and provides contact information for employees or their representatives to report potential violations. This new requirement is in addition to any other notice posting requirements to which a New Jersey employer is subject.
Under this new mandate, employers are required, by December 7, 2011, to: (1) post the newly published notice conspicuously in the workplace and (2) provide each employee hired prior to November 7, 2011 with a copy of the notice. Further, any new employee hired after November 7, 2011 must be provided with a written copy of the notice at the time of hire.
The conspicuous posting requirement will be satisfied if: (1) the notice is placed on an employer’s Intranet or Internet site and (2) all employees have access to the electronic posting of the notice. Otherwise, the notice must be conspicuously posted in areas commonly used for similar postings.
An employer may also choose to satisfy the distribution requirement by providing each employee with a written copy of the notice via e-mail. If e-mail is not available, then a hard copy must be delivered to each employee and, in such circumstances, it is recommended that employers obtain a signed acknowledgment from each employee to evidence receipt.
Failure to comply with these notice and posting requirements could result in a fine of up to $1,000, as well as criminal penalties.
New Jersey employers need to ensure that the notice is posted in the workplace and distributed to each employee no later than December 7, 2011. In addition, employers should distribute copies of the notice to anyone hired on or after November 7, 2011 and must provide a copy of the notice to any new employees upon hire to ensure compliance with these new requirements.
A copy of the 6-page notice can be obtained through the following link to the New Jersey Department of Labor and Workforce Development’s website.