Employer Posting Requirements Under New Jersey Law

Act Now Advisory

Epstein Becker Green Labor and EmploymentIn 2015, Elizabeth and Bloomfield joined the growing number of New Jersey municipalities mandating paid sick leave. These new laws all contain corresponding mandatory posting requirements (see below). Consequently, with the arrival of 2016, New Jersey employers may find it useful to review the notification requirements relating to employees’ workplace rights and responsibilities under not only state and federal law but also the municipalities in which they do business.

Employers are mandated under New Jersey law to display a variety of official posters informing employees of the law relating to their rights and responsibilities. An employer that fails to comply with these requirements may face monetary fines and other penalties. Generally, to ensure compliance, an employer must post the most recent version of the posters in locations accessible and easily visible to all employees and applicants for employment, such 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 certain laws, the notice must be posted and/or distributed in English, Spanish, and, in some instances, the language spoken by at least 10 percent of the employer’s workforce.

The New Jersey Department of Labor and Workforce Development (“NJDOL”) provides employers with poster packets containing the required notices, which are available for downloading here.

The New Jersey Department of Health and Senior Services provides notices compliant with the New Jersey Smoke-Free Air Act, which are available for downloading here.

Note that, although some of the regulations specify that the notices must be on legal size paper (8½ x 14 inches), the posters from the state’s website printout are letter size (8½ 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 downloading here.

New Jersey requires the following posters:

Statute

Description/Specifications

Conscientious Employee Protection Act (“CEPA”)

Advises employees of their rights under New Jersey’s “Whistleblower” Act. In addition to posting, the notice must be distributed annually to all employees. (English and Spanish)

Gender-Equality Notice

Every employer in New Jersey with 50 or more employees must post a notice advising employees of their right to be free from gender inequity or bias in pay, compensation, benefits, or other terms or conditions of employment under the NJLAD (defined below) and other state and federal antidiscrimination statutes. Employers are also required to distribute a copy of the notice: (i) in English, Spanish, and any other language spoken by 10 percent of the workforce, provided that a notice has been issued in that language by the NJDOL; (ii) at the time of an employee’s hiring; (iii) to all employees annually; and (iv) at any time upon the request of an employee. The notice may be transmitted electronically to employees via e-mail or a website, so long as it is accessible and the employer notifies its employees that the notice has been posted electronically. Of importance, the law requires employers to obtain acknowledgements from employees that they have read and understand the notice.

Law Against Discrimination (“NJLAD”)

Notices must advise employees of their rights under the NJLAD. 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 an employee’s hiring, (ii) whenever an employee provides notice of a potential claim, and (iii) upon the first request of an employee. Written notification may be electronically transmitted to employees.

New Jersey Family Leave Act

Employers covered under the law, whether or not they have any eligible employees, must display the official Family Leave Act poster.

New Jersey Security and Financial Empowerment Act (“SAFE”)

The notice must make employees aware of their rights under New Jersey’s SAFE Act, which provides job-protected leave for victims of domestic violence and sexual assault. The SAFE Act applies to New Jersey employers with 25 or more employees. Employers must “conspicuously display” a notice of employees’ rights under the law and “use other appropriate means to keep . . . employees informed.” The form of notice is available on the NJDOL website.

New Jersey Wage Payment

Posters must advise employees of the law relating to the payment of wages, minimum hourly rates, overtime rates, acceptable deductions from wages, employee rights, and employer penalties.

New Jersey Wage, Benefit and Tax Laws

The notice must inform employees of reporting and recordkeeping requirements of eight New Jersey statutes. Additionally, employers must provide all employees with a written copy of the notification and a copy to each new employee at the time of hiring.

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 must inform employees of benefits available to workers injured on the job and information on the procedure for filing workers’ compensation claims. (English and Spanish)

Smoke-Free Work Place Notice

A person (including a business) that has control over an indoor public or work space must prominently post, at every entrance, a sign stating that smoking is prohibited. 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 conspicuously post a printed abstract of the New Jersey Child Labor Laws and a list of prohibited occupations as well as a schedule of hours containing 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 Law

The law’s posting requirement applies to public employers whose workers may be exposed to hazardous chemicals. Private, as well as public employers, however, must label containers with their chemical contents and complete an annual chemical inventory survey.

AMENDED IN 2015

Jersey City Municipal Paid Sick Leave Law

Employers must (i) provide written notice to employees of their rights under the municipal paid sick leave law at the time of commencement of employment (or as soon as practicable if employed prior to the effective date of the paid sick leave law), and (ii) display a poster in a conspicuous and accessible place stating employees’ rights under the law. Posters and written notices must be in English and any language that is the first language of at least 10 percent of an employer’s workforce; provided that the Jersey City Department of Health and Human Services has made translations available in such language. Posters are currently available in English, Arabic, Chinese, Hindi, Spanish, and Tagalog.

Under the 2015 amendment:

  • workers in businesses with 10 or more employees still earn up to five paid sick days per year,
  • workers in most businesses with fewer than 10 employees earn up to three paid sick days per year, and
  • workers in positions that have an impact on the public health, such as food service, child care, and elder care, may earn up to five paid sick days, regardless of the size of the business.

As of January 5, 2016, Jersey City had not yet issued an updated notice/poster.

Newark Municipal Paid Sick Leave Law

Employers must (i) provide written notice to employees of their rights under the municipal paid sick leave law at the time of commencement of employment (or as soon as practicable if employed prior to the effective date of the paid sick leave law), and (ii) display a poster in a conspicuous and accessible place setting forth an employee’s rights under the law. Posters and written notices must be in English and any language that is the primary language of at least 10 percent of an employer’s workforce.

A notice/poster is currently available in English here.

Passaic Municipal Paid Sick Leave Law

The Passaic ordinance largely tracks the language of the Newark ordinance.

A notice/poster is currently available in both English and Spanish here.

NEW IN 2015

East Orange Municipal Paid Sick Leave Law

The East Orange ordinance largely tracks the language of the Newark ordinance.

A notice/poster is currently available in English only here.

NEW IN 2015

Paterson Municipal Paid Sick Leave Law

The Paterson ordinance largely tracks the language of the Newark ordinance.

A notice/poster is currently available in English only here.

NEW IN 2015

Irvington Municipal Paid Sick Leave Law

The Irvington ordinance largely tracks the language of the Newark ordinance.

Although Irvington’s Department of Neighborhood Services has not provided a model notice/poster, employers must provide employees written notice of their rights under the law and must also display a poster with the information.

NEW IN 2015

Montclair Municipal Paid Sick Leave Law

The Montclair ordinance largely tracks the language of the Newark ordinance.

A notice/poster is currently available in English only here.

NEW IN 2015

Trenton Municipal Paid Sick Leave Law

The Trenton ordinance largely tracks the language of the Newark ordinance.

A notice/poster is currently available in both English and Spanish here.

NEW IN 2015

Bloomfield Municipal Paid Sick Leave Law

The Bloomfield ordinance largely tracks the language of the Newark ordinance.

A notice/poster is currently available in both English and Spanish here.

NEW IN 2016

Elizabeth Municipal Paid Sick Leave Law

Effective March 2, 2016, the Elizabeth ordinance largely tracks the language of the Newark ordinance.

A notice/poster is not yet available.

NEW IN 2016

New Brunswick Municipal Paid Sick/Safe Time Law

Employers with five or more full-time equivalent employees must (i) provide written notice to employees of their rights under the municipal paid sick/safe time law at the time of commencement of employment (or as soon as practicable if employed prior to the effective date of the paid sick leave law), and (ii) display a poster in a conspicuous and accessible place setting forth an employee’s rights under the law. Posters and written notices must be in English and any language that is the primary language of at least 10 percent of an employer’s workforce.

A notice/poster is currently available in English and Spanish here.


In addition to the above, 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 the NJLAD 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 the NJLAD in public accommodations. These businesses should display posters in areas readily accessible to the public (for example, near cash registers). Health care facilities must post notices apprising employees of mandatory overtime restrictions.

Employers are advised to check the NJDOL’s website 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. Of particular note in this regard, minimum wage increases, if any, occur annually on September 30, to be effective January 1 of the following year. New Jersey’s minimum wage rate will remain at $8.38 for 2016.

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 or by downloading posters from here.

What Employers Should Do Now

  • Review all posting requirements applicable to your company.
  • Update the company’s postings to ensure compliance with federal, state, and municipal law.
  • Review the company’s new hire materials to ensure that they include the required notices.
  • Distribute the annual CEPA and gender-equality notices to all employees by January 31.
  • Revise, if necessary, sick leave policies and procedures to ensure compliance with applicable municipal ordinances.

* * * *

For more information about this Advisory, please contact:

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

Amy E. Hatcher
Newark
(973) 639-8257
[email protected]