As we reported in the September 2012 issue of the Bertone Piccini LLP Client Alert, New Jersey passed a law, effective November 19, 2012, requiring many employers in the State to post and distribute a notice of their employees’ right to be free from gender-based pay discrimination in the workplace. This month, the New Jersey Department of Labor and Workforce Development finally released the Notice. The posting and distribution requirements of the law are triggered by publication in the New Jersey Register which, according to the DOL’s website, will occur on January 6, 2014.
Beginning January 6, 2014, employers in New Jersey which have a total of 50 or more employees (regardless of whether those employees work inside or outside of New Jersey) must conspicuously post the gender equity notice in a place or places accessible to all employees in each of the employer’s workplaces. If the employer has an internet site or intranet site for exclusive use by its employees and to which all employees have access, posting of the gender equity notice on the internet site or intranet site will satisfy the posting requirement.
For each employee of a covered employer hired on or before January 6, 2014, the employer must provide that employee with a written copy of the gender equity notice no later than February 5, 2014. For those employees hired after January 6, 2014, the covered employer must provide that employee with a written copy of the gender equity notice at the time of the employee’s hiring.
Beginning January 6, 2014, covered employers must annually, on or before December 31 of each year, provide each employee a written copy of the gender equity notice. Employers must also provide each employee a written copy of the notice upon first request by the employee.
The distribution requirement may be satisfied by any of the following methods: email; printed material; or through an internet or intranet website, if the site is for the exclusive use of all employees, can be assessed by all employees, and the employer provides notice to the employees of its posting. The written notice must be accompanied by an acknowledgement that the employee has received the gender equity notice and has read and understands its terms. The employee must sign the acknowledgement in writing or by means of electronic verification, and the acknowledgement must be returned to the employer within 30 days of its receipt.
The notice must be in English and Spanish and in any other language in which the Department of Labor has made the notice available and which the employer reasonably believes is the first language of a significant number of its workforce. Presently, the form of notice is only available in English.