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Required Annual Distribution of New Jersey Notices

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: http://lwd.dol.state.nj.us/labor/ forms_pdfs/lwdhome/CEPA270.1.pdf

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 of employment.

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 http://lwd.dol.state.nj.us/labor/forms_pdfs/EmployerPosterPacket/genderequit yposterspanish.pdf (Spanish).

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 | singer@thsh.com |: @employer_lawyer

Stacey A. Usiak | 212-702-3158 | usiak@thsh.com |: @law4employers

Jason B. Klimpl | 212-508-7529 | klimpl@thsh.com |: @HR_Attorney

*A special thanks to Andrew Yachyshyn for his contributions to this article.

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