N.J. Requires Employers to Disclose Record-Keeping and Payroll Reporting Requirements to Employees

March 1, 2012

In late 2011 the N.J. Department of Labor and Workforce Development adopted regulations requiring employers to notify employees of employer record-keeping and payroll reporting requirements which implement legislation enacted in 2009. The new regulations can be found at N.J.A.C. 12:2-1.1 et seq. As a result, New Jersey employers are now required to post lengthy, 6-page notices in their workplaces detailing employer obligations to maintain payroll information and records and to report pay and payroll tax withholding to the N.J. Departments of Labor and Workforce Development and Treasury. In addition, a New Jersey employer must distribute a hard copy of the same notice to each current employee by December 7, 2011, and to each new employee at the time of hire. If you have not posted or distributed the notice yet, you should wait no longer. An employer can satisfy its posting requirement by placing the notice in its entirety on the employer’s Internet or intranet site, provided the site is reserved for employees’ exclusive use and all employees have access to it. The distribution requirement can also be satisfied by emailing the entire notice to employees. The complete N.J. poster can be found online at: http://lwd.dol.state.nj.us/labor/forms_pdfs/EmployerPosterPacket/MW-400.pdf and at http://lwd.dol.state.nj.us/labor/employer/content/employerpacketforms.html If you have questions regarding these new posting and distribution requirements, contact Doug Solomon, Esq. or Eric Ruden, Esq. in our Labor Law Practice Group.

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