The year 2014 saw a growing number of municipal laws in New Jersey mandating paid sick leave, with corresponding mandatory posting requirements for employers (see below). Accordingly, with the arrival of 2015, 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 comply with these regulations, an employer must post the most recent version of the posters in locations visible to all employees and applicants for employment. Employers should display these notices in areas accessible to all employees, such as a lunchroom, break-room, or human resources office. New Jersey also requires that certain of the notices be distributed to employees. This Act Now Advisory serves as a reminder and summary of New Jersey’s notification requirements applicable to most employers.
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.
Posters must be displayed in locations that are accessible and easily visible to all employees. In addition, for some laws, a notice must be posted in both English and Spanish.
New Jersey requires the following posters:
Click here to view table.
*Jersey City’s Earned Sick Time Ordinance FAQ (which satisfies both the notice and posting requirements) may be found here.
**Newark’s Paid Sick Leave FAQ (which satisfies only the posting requirement under the law) may be found here.
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, effective January 1, 2015, New Jersey’s minimum wage rate increased from $8.25 to $8.38. A November 2013 voter-approved amendment to the state’s Constitution ties minimum wage increases to the Consumer Price Index, to occur annually on September 30.
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 in each New Jersey location to ensure compliance with federal, state, and municipal law.
- Review the company’s new hire materials to ensure that they include the required notices.
- This month, distribute the annual CEPA and gender-equality notices to all employees, and update the company’s New Jersey Wage Payment notice to show the new minimum wage.
- If you have not already done so, consider including a written policy on the SAFE Act in your employee handbook and distributing a copy of the NJDOL SAFE Act notice to all employees and to new employees at the time of hiring.