Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
Earlier this year, Governor Murphy signed a package of legislation aimed at tightening worker misclassification enforcement in New Jersey. One of these new measures, Assembly Bill 5843, established a new posting requirement for employers. The law directs employers to conspicuously post notices explaining: (1) the bar on employers’ misclassifying workers as independent contractors; (2) the state definition on whether a worker is an employee or independent contractor; (3) what benefits and rights employees have under state law, (4) New Jersey remedies for workers who are misclassified; and (5) contact information to report misclassification complaints. The New Jersey Department of Labor and Workforce Development has recently published the required posting in two different sizes (11 x 17 and 8.5 x 11).
Employers must conspicuously post this document “in a place or places accessible to all employees in each of the employer’s workplaces.” An employer failing to display the required posting may be found guilty of a disorderly persons offense and subject to fines between $100 and $1,000.