On September 21, 2012, New Jersey
Governor Chris Christie signed into law a statute, N.J.
State Assembly Bill No. A2647, N.J.
State Senate Bill S1930, requiring New Jersey
employers with 50 or more employees to post in the workplace and to provide
notices of workers' rights "to be free of gender inequity or bias in pay, compensation, benefits, or other
terms or conditions of employment" under the New Jersey Law Against
Discrimination, N.J.S.A. §§ 10:5-1 - 10:5-30 (the "NJLAD"), the New Jersey
Equal Pay Act of 1952, as amended, N.J.S.A. §§ 34:11-56.1 - 34:11-56.12 (the
"New Jersey Equal Pay Act" or "NJEPA"), Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C. §§ 2000e et seq. ("Title VII"), and the
Equal Pay Act of 1963, 29 U.S.C. § 206(d) (the "EPA").
The new statutory provision, which is codified as a new
section of the New Jersey Equal Pay Act, N.J.S.A. § 34:11-56.12, takes effect
on November 21, 2012.
Even before the enactment of the new law, employers in New Jersey
were required to post, in the workplace, equal employment opportunity ("EEO")
notices under Title VII and the New Jersey Law Against
Discrimination. 42 U.S.C. § 2000e-10; N.J.A.C. § 13:8-1.2.
The federal EEO poster and the NJLAD poster already proclaim that is unlawful
to discriminate against applicants or employees on the basis
of sex in the payment of wages or in other terms or conditions of
employment. Nevertheless, the new legislation makes businesses in New Jersey
post another notice of, and give written notification to workers of, workers'
federal and state rights to gender equity in compensation.
The New Jersey Commissioner of Labor and Workforce Development
will issue the form of the notice and will make translations available in
Spanish and in any other language the Commissioner determines is
warranted. N.J.S.A. § 34:11-56.12(1)(c). An employer must post and
provide notice in English, Spanish, and any other language made available by
the Commissioner which the employer "reasonably believes is the first language
of a significant number of the employer's workforce." Id. §
In addition to posting the newly mandated notice in an
accessible area in the workplace, an employer must give workers a written copy
of the notice (i) not more than 30 days after the Commissioner issues the
notice, (ii) at the time the worker is hired, if the worker is hired after the
Commissioner issues the notice, (iii) each year, on or before December 31, and
(iv) at any time, upon the worker's first request. N.J.S.A. §
Each worker must sign an acknowledgment, either in
writing or by means of electronic verification, that the worker has received
and read the written notice required by the new law and that he or she
understands its terms. The worker must sign the acknowledgment and return
it to the employer within 30 days after receiving it. N.J.S.A. §
If your company needs assistance or guidance on a labor or employment law issue and your company is located
in the New York City area, call Attorney David S. Rich at (212) 209-3972.
Visit the New York Business Litigation and Employment Attorneys Blog
for commentary regarding business litigation, employment, and securities
related legal issues.
For more information about LexisNexis
products and solutions connect with us through our corporate site.