The New Jersey State Assembly has amended the New Jersey Equal Pay Act to require employers with 50 or more employees to “conspicuously post” a notice of employees’ rights to be free from gender discrimination with respect to wages, compensation, benefits, and other terms and conditions of employment. The new posting requirement is scheduled to take effect November 21, 2012. The New Jersey Department of Labor, however, still needs to develop and issue the required notice.
Employers will be required to provide every employee with a copy of the notice within 30 days of its issuance; and then, at the time of hire for every employee hired outside of that 30 day window. Thereafter, employers must provide the notice annually and in response to an employee’s first request.
There are multiple options for delivery. Employers may provide a copy by e-mail, as a paycheck insert, a brochure, handbook policy, or a handout at an employee meeting. An employer may instead post it on an Internet or Intranet website if the website is for the exclusive use of all employees, all employees can access the website, and the employer provides notice to the employees of the website posting of the notice.
Within 30 days of receipt of the notice, employees must sign an acknowledgement that he or she has received the notification, has read and understands the terms of the notification. The acknowledgement can be signed in writing or by electronic verification.
The employer must post the notice in any language the employer reasonably believes is the first language of a “significant number” of the employer’s workforce. The law does not define “significant number.” The law also does not indicate what penalties, if any, can be imposed for a failure to comply. It is expected that these gaps will be addressed in the regulations drafted by the New Jersey Department of Labor and Workforce Development.