by January 6, 2014. Covered employers must conspicuously post the notice in a place accessible to all employees in all o
DECEMBER 2013
LABOR & EMPLOYMENT >> ALERT NEW GENDER EQUITY NOTICE REQUIREMENT FOR NEW JERSEY EMPLOYERS As of January 6, 2014, New Jersey employers with at least fifty employees – including out of state employees – will be required to conspicuously post and disseminate a new gender equity notice to employees. The new notice by the New Jersey Department of Labor and Workforce Development, which is available here, implements a 2012 amendment to the New Jersey Equal Pay Act and emphasizes that both New Jersey state and federal laws prohibit employers from discriminating against employees with respect to their pay, compensation, benefits, or terms, conditions or privileges of employment because of their gender/sex.
HOW TO COMPLY WITH THE NEW NOTICE REQUIREMENT >>> Conspicuously Post the Notice by January 6, 2014. Covered employers must conspicuously post the notice in a place accessible to all employees in all of the employer’s workplaces (including intranet or internet sites to which all employees have access, and if the site is exclusively for employees). >>> Give Written Notice to Existing Employees. Covered employers must provide a written copy of the notice to any employee upon first
THE BOTTOM LINE Covered New Jersey employers should take steps to prepare for the posting and dissemination of the new gender equity notice to employees, including preparing the accompanying acknowledgement form. The notice and acknowledgement should also be added to new hire paperwork for all employees hired after January 6, 2014, and employers should put an annual procedure in place to meet these new notice requirements.
request. Additionally, on or before February 5, 2014, covered employers must provide all existing employees with a written copy of the notice.
on or before December 31 of each calendar year.
>>> Give Written Notice to New Employees upon Hire. Covered employers must provide employees hired after January 6, 2014 with a written copy of the notice upon hire.
>>> Have Employees Sign an Acknowledgement Form. Within thirty days of receipt, covered employers must have employees sign an acknowledgement form verifying they have received the notice and understand its terms. Electronic signature will suffice.
>>> Re-Issue the Written Notice to Employees Annually on or Before December 31 of Each Calendar Year. Covered employers must provide employees with a written copy of the notice annually,
Employers may distribute the written copies of the notice by e-mail, hard copy, or via the covered employer’s intranet or internet site, provided the site is exclusively for employees and that all employees have access to it.
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Attorney Advertising 1432
DECEMBER 2013
LABOR & EMPLOYMENT >> ALERT Employers must post and provide the notification in English, Spanish, and any other languages that the employer reasonably believes is the
first language of a significant number of the employer’s workforce, provided the notice is available in that language.
FOR MORE INFORMATION Jessica Golden Cortes Partner 212.468.4808
[email protected] Duane Rudolph Associate 212.468.4921
[email protected] or the D&G attorney with whom you have regular contact.
Davis & Gilbert LLP T: 212.468.4800 1740 Broadway, New York, NY 10019 www.dglaw.com © 2013 Davis & Gilbert LLP
