In our November 2012 Pepper@Work, we advised New Jersey employers of upcoming notice-posting requirements on pay equality issued by the New Jersey Department of Labor and Workforce Development (NJDOL); the NJDOL recently released the gender equity notice, English and Spanish versions of which can be found on the Employer Poster Packet page of the Department of Labor Web site.

New Jersey employers of 50 or more employees (employed in or outside the state of New Jersey) are required to conspicuously post this notice advising employees of their right to remain free of gender inequity or bias in pay, compensation or benefits or other terms or conditions of employment under state and federal statutes prohibiting wage or compensation discrimination based on gender. This posting requirement is a result of a 2012 amendment to the New Jersey Equal Pay Act. Employers are expected to comply with the following NJDOL notice and distribution requirements:

• Employers must conspicuously post the gender equity notice in a place accessible to all employees in each of the employer’s workplaces. Employers with multiple work locations must post the notice at each location.
• Employers who maintain Internet or intranet sites that are accessible to all employees will satisfy the conspicuous notice posting requirement if they post the gender equity notice on that site. Employers who elect this option must send an e-mail to all employees with a link to the notice and instructions on how to access the notice online.
• Employers who hired an employee on or before January 6, 2014 must provide a written copy of the gender equity notice no later than February 5, 2014.
• Any employee hired after January 6, 2014 must be provided with the gender equity notice at the time of hiring.
• As of January 6, 2014, employers must annually, on or before December 31 of each year, provide each employee with a written copy of the gender equity notice.
• As of January 6, 2014, employers must provide each employee with a written copy of the gender equity notice upon request by the employee.

Employers can satisfy the last four requirements above by sending the notice via (1) e-mail delivery, (2) hard copy, or (3) by posting the notice on an Internet or intranet site as long as it is a site for the exclusive use of all employees, can be accessed by all employees, and the employees are advised of its posting. The notice to the employees (whether in hardcopy or electronic) must also contain an acknowledgement that the employee has received the notification and has read and understands its terms. The employee must sign the acknowledgment (in writing or by electronic verification) and return it to the employer within 30 days of its receipt.

The employer shall post and provide the notification to employees in a language that the employer reasonably believes is the first language of “a significant number of the employer’s workforce.” This is defined as “10 percent or more of the employer’s total number of full-time, part-time and contracted workers.” The NJDOL will make the notice required by the law available in English, Spanish and any other language it determines appropriate. In addition to preparing for distribution of these acknowledgment forms, we recommend that employers identify where the forms will be maintained upon receipt by employees so a record can be maintained concerning compliance.