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.
In 2009, New Jersey passed a law requiring the Department of Labor and Workforce Development (“DLWD”) to issue regulations providing that any employer who is required to maintain and report records regarding wages, benefits, and taxes pursuant to state law “shall conspicuously post notification” of the obligation to maintain and report those records.
The DLWD has now issued those new regulations and a sample notification that complies with the law.
Employer Notice Requirements
The requirements are as follows:
(a) Each employer that is required to maintain and report records regarding wages, benefits, taxes and other contributions and assessments pursuant to the State wage, benefit and tax laws shall conspicuously post in a place or places accessible to all employees in each of the employer's workplaces the notification found in the chapter Appendix.
(b) Each employer that is required to maintain and report records regarding wages, benefits, taxes and other contributions and assessments pursuant to the State wage, benefit and tax laws shall not later than December 7, 2011, or, if the employee is hired after November 7, 2011, at the time of the employee's hiring, provide each employee a written copy of the notification found in the chapter Appendix.
(c) In the event that an employer has an internet site or intranet site for exclusive use by its employees and to which all employees have access, posting of the notification found in the chapter Appendix on the employer's internet site or intranet site shall satisfy the conspicuous posting requirement set forth in (a) above.
(d) Providing to an employee via email the notification found in the chapter Appendix shall satisfy the requirement in (b) above, that the employer provide each employee a writtencopy of the notification.
Particular Notice and Distribution Requirements
The first requirement under the new regulations is that the notification be conspicuously posted. This will include either posting the notification where other employment related notices are posted, or placing the notification on the company’s internet/intranet site for employees, provided that all employees have access to that site.
The second requirement is that each employee receive a copy of the notification. As of November 7, 2011, all new hires are required to be given a written copy “at the time of the employee’s hiring,” which for practical purposes can be at the employee’s orientation. All current employees must receive a copy by December 7, 2011. The employer can distribute the notification individually, enclose a copy with paychecks, or provide the notification by e-mail.
A sample notification is available via DLWD’s website.