As we enter the New Year, New Jersey employers are reminded of their obligations
to display and distribute annually certain notices to their employees.
Discussed below are the requirements for New Jersey employers to provide
employees with the Conscientious Employee Protection Act (CEPA) Notice
and the Gender Equity Notice.
New Jersey CEPA Notice
New Jersey employers with 10 or more employees, regardless of where their
employees actually work (whether in New Jersey or another state), are
required to post and distribute annually a notice under CEPA, which provides
protections for employees who engage in certain “whistleblowing.”
Specifically, covered employers must conspicuously display the CEPA Notice
in their workplace and distribute a written or electronic copy of the
notice to their employees in English, Spanish, and, at the employer’s
discretion, any other language spoken by a majority of the employees at
the worksite. The CEPA Notice must also provide the name and contact information
of the person to whom written whistleblowing reports under CEPA may be made.
Employee acknowledgment of receipt of the CEPA Notice is not required.
However, employers should consider obtaining an acknowledgment as proof
that their employees have received and understand the notice. The notice
(in both English and Spanish) can be found at:
New Jersey Gender Equity Notice
New Jersey employers with 50 or more employees, regardless of where such
employees work, are required to conspicuously post and provide employees
with the Gender Equity Notice, which details the right to be free of gender
inequity or bias in pay, compensation, benefits, or other terms and conditions
The notice must be posted conspicuously in the employer’s workplace
where it can be seen by all employees. This requirement may also be satisfied
by posting the notice to an accessible employer internet or intranet site
that is for the exclusive use of employees.
Employers must also distribute the notice to employees (i) at the time
of the employee’s hiring, (ii) annually, on or before December 31
of each year, and (iii) upon an employee’s first request for the
notice. Distribution can be made via e-mail, through printed material
such as a brochure or flyer or an attachment to an employee handbook,
or through and internet or intranet website as stated above. Additionally,
the notice must be accompanied by an acknowledgment that the employee
has received, read, and understands the notice. Within 30 days after each
distribution of the notice the employee must sign or electronically verify
the acknowledgment and return the signed acknowledgment to the employer.
The Gender Equity Notice and accompanying acknowledgment can be found at:
http://lwd.dol.state.nj.us/labor/forms_pdfs/EmployerPosterPacket/AD-290GenderEquity1-14.pdf (English), and
Failure to comply with these posting and distribution requirements could
result in monetary fines and other penalties. Accordingly, covered employers
should be sure to post and distribute the necessary notices. Employers
are encouraged to consult with employment counsel regarding their obligations
under these laws.
For more information on the topic discussed, contact:
Joel A Klarreich | 212-508-6747 |
JAK@thsh.com |: @staffing_lawyer
Andrew W. Singer | 212-508-6723 |
email@example.com |: @employer_lawyer
Stacey A. Usiak | 212-702-3158 |
firstname.lastname@example.org |: @law4employers
Jason B. Klimpl | 212-508-7529 |
email@example.com |: @HR_Attorney
*A special thanks to
Andrew Yachyshyn for his contributions to this article.
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