New Jersey Governor Chris Christie recently signed into law new posting and notice requirements for employers, scheduled to take effect November 21, 2012, relating to pay equality under state and federal law. The law, which applies to employers with 50 or more employees, directs employers to "conspicuously post" a notice that details employees' "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, Title VII of the Civil Rights Act of 1964, and the Equal Pay Act.
In addition to the posting requirement, the law also requires covered employers to distribute a written copy of the notification to each employee (i) within 30 days after the notification form is issued by the New Jersey Department of Labor and Workforce Development ("NJDLWD"); (ii) at the time of an employee's hiring; (iii) annually on or before December 31; and (iv) any time upon first request by an employee. Employers are permitted to distribute the notice via email, printed material (i.e., pay check insert, brochure, handbook, flyer), or through the employer's internet/intranet site (if the site is for the exclusive use of employees, can be accessed by all employees, and the employer provides notice to employees of the posting). Upon receipt of the notice, employees will be required to sign an acknowledgement – which must be included with the notice form – and return it to the employer within 30 days. The law requires employers to post and distribute notices in English, Spanish, and any other language which an employer believes is the first language of a significant number of its employees (if notification in such language is made available by the NJDLWD).
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