On January 6, 2014 the NJ Department of Labor and Workforce Development (DOL) will release the final rules implementing the notification requirements of the Equal Pay Notification Law signed into law by Governor Christie in September 2012. The law requires employers with 50 or more employees to conspicuously post and distribute notification to workers detailing their right to be free of gender inequity or bias in pay, compensation, benefits, or other terms and conditions of employment.
The publication of the notice in the NJ Register on January 6th will trigger employer notice obligations so the DOL has made the required poster/notice available in advance to assist employers in ensuring timely compliance. Employers must:
- Beginning January 6, 2014, conspicuously post the notice in a place accessible to all employees in each of the employer's workplaces. Electronic posting on an internet or intranet site, to which all employees have access, will satisfy the conspicuous posting requirement;
- No later than February 5, 2014, provide each employee hired on or before January 6, 2014 with a copy of the notice;
- For each employee hired after January 6, 2014 provide a copy of the notice at the time of hiring;
- Annually, on or before December 31st of each year, provide each employee with a copy of the notice; and
- Provide each employee with a copy of the notice upon the employee's first request
In every instance in which the notice is distributed to employees, it must be accompanied by an acknowledgement that the employee has received it and has read and understood its terms. The employee must sign this acknowledgment (in writing or by means of electronic verification) and return it to the employer within 30 days. Under the notification rules, employers must post and distribute the poster/notice in both English, Spanish, and any any other language for which the commissioner has made the notification available and which the employer reasonably believes is the first language of a significant number of its workforce.