By: Eileen Fitzgerald Addison
As New Jersey employers ring in the new year, they should be mindful of the New Jersey Department of Labor’s notice distribution requirements. The DOL publishes several important notices which, in addition to posting in the workplace, must be individually distributed to employees as follows:
Right to Be Free of Gender Inequity (new Amendment, effective January 6, 2014)
- On or before February 5, 2014, employers must provide a written copy of this notice to each employee who was hired on or before January 6, 2014.
- Employers must provide a written copy of the notice to each employee who is hired after January 6, 2014 at the time of his or her hire.
- Annually, on or before December 31 of each year, employers must provide each employee a written copy of the notice.
- Employers also must provide each employee a written copy of the notice upon request.
- The required written notice can be distributed electronically or in hard copy form.
- In every instance in which a written notice is required to be provided to an employee, the written notice must be accompanied by an acknowledgment that the employee has received it and has read and understands its terms. This acknowledgment must be signed by the employee (in writing or by means of electronic verification) and returned to the employer within 30 days of the employee’s receipt of the notice.
Employer Obligation to Maintain and Report Records
- Any new employee hired after November 7, 2011, must be provided a written copy of this notice at the time of hiring.
- The notice may be distributed to employees by hard copy or via electronic mail.
New Jersey Family Leave Insurance
- Employers must provide employees with a written copy of this notice: (i) at the time of the employee’s hiring; (ii) whenever an employee provides notice of a potential claim; and (iii) upon the first request of the employee.
- Written notification may be electronically transmitted to employees.
New Jersey Conscientious Employee Protection Act
- This notice must be distributed annually to all employees.
- Written notification may be distributed electronically.
It is important to note that merely posting these notices, although also required, will not fulfill the DOL’s distribution requirements. Nor will including these notices in your company's Employee Handbook. Moreover, the inclusion of required notices in an Employee Handbook is not recommended – only critical employment law and HR policies should be set forth in Employee Handbooks.
For more information on employer obligations in 2014 and beyond, please contact Dena B. Calo, Esq., Director of the Human Resources Practice Group and Partner in the Employment Law & Litigation Group, at firstname.lastname@example.org, or Eileen Fitzgerald Addison, Esq., Associate in the Human Resources Practice Group, at email@example.com.