The list of employee notices that New Jersey employers are required to post has grown this year. Accordingly, as 2012 comes to a close, New Jersey employers should take some time to review the notification requirements relating to employees' workplace rights and responsibilities under state law.
Employers are mandated under New Jersey law to display official posters informing their employees of the law relating to employee 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 article 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 at: http://lwd.dol.state.nj.us/labor/employer/content/employerpacketforms.html.
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 at:http://www.nj.gov/health/ctcp/smokefree/nosmoking.shtml.
Note that, although some of the regulations specify that the notices be on legal size paper (8½ x 14 inches), the posters from the state's website printout are letter size (8½ x 11) 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 download at: http://www.nj.gov/oag/dcr/posters.html.
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/notices:
Click here to view 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.
In addition, employers should 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 at: http://www.dol.gov/oasam/programs/osdbu/sbrefa/poster/matrix.htm.
What Employers Should Do Now
- Review all posting requirements applicable to your company.
- Update your company's postings to ensure compliance with both federal and state law.
- Review your company's new hire materials to ensure that they include the required notices.
- In January, distribute the annual CEPA notice.
- When it is available, distribute the gender-equality notice to all employees (and then every January thereafter).