Act Now Advisory: Employer Posting Requirements under New Jersey Law

With the start of 2011, New Jersey employers may wish to review the notification requirements regarding employees' workplace rights and responsibilities under state law. This article serves as a reminder and summary of New Jersey's notification requirements applicable to most employers.

Employers are mandated under New Jersey law to display official posters informing employees of the laws relating to their rights and responsibilities. Employers that fail to comply with these requirements may face monetary fines or other penalties. Generally, to comply with these regulations, employers must post the most recent version of the posters in locations accessible and easily visible to all employees and applicants for employment. Employers should display these notices in such areas as a lunchroom, break-room or human resources office. New Jersey also requires that certain of the notices be distributed to employees. In addition, for some laws, notice must be posted in both English and Spanish.

The New Jersey Department of Labor and Workforce Development ("NJDOL"), via its website, provides employers with poster packets containing the required notices.

Note that although some of the regulations specify that the notices be on legal size paper (8 ½ x 14 inches), the posters from the state's website print-out are letter size (8 ½ x 11 inches) and are considered compliant. In addition, a New Jersey "all-in-one" poster may be purchased from a reputable supplier.

Posters required by the New Jersey Division on Civil Rights are available for download as well.

By way of reminder, New Jersey currently requires the following posters:

Statute

Description/Specifications

Conscientious Employee Protection Act ("CEPA")

Posting must be in English and Spanish. In addition, the notice must be distributed annually to all employees.

Law Against Discrimination

Although not required, many employers distribute their company's nondiscrimination and anti-harassment policy to employees annually and/or at anti-harassment training sessions.

New Jersey Family Insurance Law

In addition to posting, employers must provide employees with a written copy of the notification: (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.

New Jersey Wage Payment

Advises employees of the law relating to the payment of wages, minimum hourly rates, overtime rates, acceptable deductions of wages, and employee rights and employer penalties under the law.

Unemployment and Temporary Disability Benefits

Employers covered by the law must advise of benefits available to qualifying employees under disability insurance and unemployment compensation. (English and Spanish)

Workers' Compensation Law

Employers are required to advise employees of benefits available to workers injured on the job and provide information on the procedure for filing workers' compensation claims. (English and Spanish)

Smoke-Free Workplace Notice

A person (including a business) that has control over an indoor public or work space must prominently post a sign at every entrance, which states that smoking is prohibited. Also, the lettering or nonsmoking symbol must be in a contrasting color from the sign's background and the sign must advise that violators will be subject to a fine.

New Jersey Child Labor Laws

Employers that employ individuals under the age of 18 must keep a schedule of hours posted in a conspicuous area advising of the: (i) names of minors under 18; (ii) schedule of hours; (iii) maximum daily and weekly hours; (iv) daily time record; and (v) daily meal times.

New Jersey Right-to-Know

Employers whose workers may be exposed to hazardous chemicals must display notices providing a general overview of occupational health hazards, including hazard identification, exposure assessment and the provisions of the law. (English and Spanish)

New Jersey also has posting requirements aimed at specific sectors of the labor force. For example, New Jersey employers associated with the sale, rental or lease of properties are required to advise of New Jersey's Law Against Discrimination in housing. Employers that provide services to the public, including, but not limited to, restaurants, hotels, hospitals, movie theaters and shopping centers, must advise patrons of New Jersey's Law Against Discrimination in public accommodations. These employers should display posters in areas readily accessible to the public (for example, near cash registers). Healthcare facilities must post notices apprising employees of mandatory overtime restrictions.

Employers are advised to check the NJDOL's web site at least annually for any new, or changes to, required notices, as out-of-date notices are noncompliant and can also subject employers to fines. Employers should also remember the need to similarly comply with posting requirements under federal law, which most employers accomplish by purchasing an "all-in-one" poster from a reputable supplier. The Department of Labor also provides electronic copies of the required postings.

What Employers Should Do Now

  • Review all posting requirements applicable to your company.
  • Update the company's postings to ensure compliance with both federal and state law.
  • Review the company's new hire materials to ensure that they include the required notices.
  • Distribute the annual CEPA notice to all employees.

For more information about this Advisory, please contact:

Maxine H. Neuhauser
Newark
(973) 639-8269
[email protected]

Denise Merna Dadika
Newark
(973) 639-8289
[email protected]

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