In 2015, Elizabeth and Bloomfield joined the growing number of New Jersey municipalities mandating paid sick leave. These new laws all contain corresponding mandatory posting requirements (see below). Consequently, with the arrival of 2016, New Jersey employers may find it useful to review the notification requirements relating to employees’ workplace rights and responsibilities under not only state and federal law but also the municipalities in which they do business.
Employers are mandated under New Jersey law to display a variety of official posters informing employees of the law relating to their rights and responsibilities. An employer that fails to comply with these requirements may face monetary fines and other penalties. Generally, to ensure compliance, an employer must post the most recent version of the posters in locations accessible and easily visible to all employees and applicants for employment, such as a lunchroom, break-room, or human resources office. New Jersey also requires that certain of the notices be distributed to employees. In addition, for certain laws, the notice must be posted and/or distributed in English, Spanish, and, in some instances, the language spoken by at least 10 percent of the employer’s workforce.
The New Jersey Department of Labor and Workforce Development (“NJDOL”) provides employers with poster packets containing the required notices, which are available for downloading here.
The New Jersey Department of Health and Senior Services provides notices compliant with the New Jersey Smoke-Free Air Act, which are available for downloading here.
Note that, although some of the regulations specify that the notices must be on legal size paper (8½ x 14 inches), the posters from the state’s website printout are letter size (8½ x 11 inches) and are considered compliant. In addition, a New Jersey “all in one” poster may be purchased from a reputable supplier.
Posters required by the New Jersey Division on Civil Rights are available for downloading here.
New Jersey requires the following posters:
Click here to view the table.
In addition to the above, New Jersey also has posting requirements aimed at specific sectors of the labor force. For example, New Jersey employers associated with the sale, rental, or lease of properties are required to advise of the NJLAD in housing. Employers that provide services to the public—including, but not limited to, restaurants, hotels, hospitals, movie theaters, and shopping centers—must advise patrons of the NJLAD in public accommodations. These businesses should display posters in areas readily accessible to the public (for example, near cash registers). Health care facilities must post notices apprising employees of mandatory overtime restrictions.
Employers are advised to check the NJDOL’s website at least annually for any new, or changes to, required notices, as out-of-date notices are noncompliant and can also subject employers to fines. Of particular note in this regard, minimum wage increases, if any, occur annually on September 30, to be effective January 1 of the following year. New Jersey’s minimum wage rate will remain at $8.38 for 2016.
Employers should also remember the need to similarly comply with posting requirements under federal law, which most employers accomplish by purchasing an “all in one” poster from a reputable supplier or by downloading posters from here.
What Employers Should Do Now
- Review all posting requirements applicable to your company.
- Update the company’s postings to ensure compliance with federal, state, and municipal law.
- Review the company’s new hire materials to ensure that they include the required notices.
- Distribute the annual CEPA and gender-equality notices to all employees by January 31.
- Revise, if necessary, sick leave policies and procedures to ensure compliance with applicable municipal ordinances.