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New Notice Posting Requirements for New Jersey Employers

November 17, 2011

As of November 7, 2011, the New Jersey Department of Labor and Workforce Development implemented a new notice posting requirement applicable to New Jersey employers. Under this new mandate, employers in the state are required by December 7, 2011 to: (a) post the newly published notice conspicuously in the workplace and (b) provide each employee hired prior to November 7, 2011 with a copy of the notice. Any new employee hired after November 7, 2011 must be provided with a written copy of the notice at the time of the employee’s hiring.

This notice requirement is issued pursuant to a recently enacted state law addressing an employer’s duty to maintain and report certain employee records pursuant to several New Jersey laws, including the Wage Payment Law, the Wage and Hour Law, the Prevailing Wage Act, the Unemployment Compensation Law, the Temporary Disability Law, the Family Leave Insurance Law, the Workers’ Compensation Law and the Gross Income Tax Act. This new requirement is in addition to any other notice posting requirements to which a New Jersey employer is subject.

The notice posting requirement will be satisfied if (1) the notice is placed on an employer’s Intranet or Internet site and (2) all employees have access to the electronic posting of the notice. Similarly, an employer may choose to satisfy the distribution requirement by providing each employee with the notice via e-mail.

Failure to comply with these requirements could result in a fine of up to $1,000.
New Jersey employers are advised to take steps to ensure that the notice is posted in the workplace and distributed to each employee no later than December 7, 2011. Additionally, an employer must ensure that any new employees are provided with a copy of the notice upon hire to ensure compliance with these new requirements.

The notice may be obtained from the New Jersey Department of Labor and Workforce Development’s website at:
http://lwd.dol.state.nj.us/labor/forms_pdfs/EmployerPosterPacket/MW-400.pdf.
 

For more information, please contact:


Catherine P. Wells, Member of the Firm
(973) 530-2051 / cwells@wolffsamson.com
Margaret O’Rourke Wood, Member of the Firm
(973) 530-2063 / mwood@wolffsamson.com
Denise J. Pipersburgh, Associate
(973) 530-2090 / dpipersburgh@wolffsamson.com