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Notice and Posting Requirements for Employers

By Thomas McKinney

Pursuant to New Jersey law, employers are required to prominently display certain official posters which inform employees of their rights as well as the responsibilities of their employers. Should an employer fail to comply with the mandating posting requirements, they could be subject to monetary fines, along with other penalties. Here, we will detail some of the notice and posting requirements as well as how this may have changed in light of the increasing number of remote workers.

Notice and Posting Requirements for Employers

There are a number of mandatory notices and posters that New Jersey employers should have posted. For 2022, these include:

  • Conscientious Employee Notice: This advises employees of their CEPA rights, which is New Jersey’s whistleblower law. The notice includes the employer’s designated contact person who is responsible for receiving written notification of any CEPA complaints. For employers that have 10 or more employees, this notice must be distributed to employees annually.
  • Gender-Equality Notice: This notice advises employees of their right to a workplace free of gender inequity or bias when it comes to employment benefits, compensation, and other terms of employment.
  • Law Against Discrimination: This is a notice that advises employees of their rights pursuant to the New Jersey Law Against Discrimination (NJLAD).
  • New Jersey Family Leave Insurance Law (NJFLI): This notice must be posted and personally provided to employees at the time of hire, upon request, and whenever an employee gives notice to the employer that he or she will be taking family leave.
  • New Jersey Wage and Payment: This notice is to comply with the requirement of employers advising employees of the relevant payment of wages laws, minimum hourly rates, overtime laws, and associated employer penalties.
  • Unemployment and Temporary Disability Benefits: This notice applies to covered employers in order to let employees know about the available benefits for those qualifying employees pursuant to available disability insurance and unemployment compensation.

In order to be compliant with posting requirements, the most recent version of such notices should be posted in a conspicuous location. This means that the poster locations should be both accessible and easily visible to all employees and employee applicants.

One of the easiest ways to access the required posters is to download the packet provided by the New Jersey Department of Labor (NJDOL). You may notice that some regulations specify that notices must be printed on legal size paper. The posters you will find on the State of New Jersey’s website for printout, however, are letter size and are considered to be compliant with the requirements.

With the COVID-19 pandemic, more and more employees are working remotely. That is why, at the end of 2020, the U.S. Department of Labor (USDOL) issued guidance that encourages employers to make both hard copy postings and also to make electronic postings that would be accessible to employees. NJDOL has yet to issue similar guidance, but it may be recommended.

New Jersey Employment Law Attorneys

Do you have questions about remaining compliant with New Jersey’s employment posting and notice requirements? The knowledgeable team at Castronovo & McKinney can help answer those questions and assist you in remaining compliant. Contact us today.

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.