NJ Equal Pay Act Notice – New Requirement

New Jersey employers with 50 or more employees will soon have to distribute a notice informing employees of their “right to be free from gender inequity or bias in… [the] terms and conditions of employment” to all  current employees and new employees at the time of hire. The notice will also have to be redistributed to all employees annually and posted in conspicuous places in the workplace.

The new amendment to the New Jersey Equal Pay Act that imposes these requirements takes effect on November 21, 2012. Employers, however, will only have to begin complying within thirty (30) days after the Department of Labor issues the form of notice, which may be sometime after the effective date. The notice will have to be in English and Spanish and any other language spoken by ten percent (10%) or more of the employer’s workforce. Employers will be required to have employees sign an acknowledgement of receipt each time they receive the notice.

Employers can distribute the notice on paper, by email or through posting on an intranet (so long as all employees have access to the intranet and the employer announces the posting) or a combination of these methods.  No matter which way employees receive the notice, the employer must maintain a record acknowledging the employee’s receipt of the notice.

This Equal Pay Notice is the fourth posting and distribution requirement imposed on employers under New Jersey law, which already includes:

–Conscientious Employee Protection Act (annually)

–Family Leave Insurance Act (at hire and upon request)

–Record keeping (at hire).

We will announce and distribute the form upon its issuance by the Department of Labor.  In the interim, please let us know if you have any questions.