The New Jersey Department of Labor announced on November 4, 2011, that is requiring employers to distribute to all employees and post in locations accessible to all employees a new notice ? MW-400 (11/11) ? that tracks and consolidates the record-keeping requirements currently found in the following NJ statutes: the Wage Payment Law, the Wage and Hour Law, the Prevailing Wage Act, the Unemployment Compensation Law, the Temporary Disability Benefits Law, the Family Leave Insurance Benefits Law, the Workers' Compensation Law, and the Gross Income Tax Act. The notice also contains information for filing a complaint regarding an employer's failure to comply with the requirements of these statutes.
Employers in NJ must act now. They have until December 7, 2011, to post the notice and distribute it to current employees. But, employers must immediately provide this notice to all new hires as of November 7, 2011, and any new hires thereafter. Failure to comply with the posting and notice requirements could lead to a fine of up to $1,000, as well as criminal penalties.
With respect to the posting requirement, if an employer utilizes an Internet or intranet site exclusively for employees and to which all employees have access, then an employer satisfies the conspicuous posting requirement by posting the notice on that Internet or intranet site. Otherwise, the employer will have to post it in areas commonly used for similar postings. An employer may use e-mail to distribute a written copy of the notice to each employee, and doing so will satisfy the distribution requirement. If email is not available, then an employer will have to deliver a hard copy to each employee. In such circumstances, it would be best practices to obtain a signed acknowledgment from each employee to evidence receipt.