As discussed in prior posts (available here and here), on September 19, 2012, New Jersey Governor Chris Christie signed into law an amendment to the New Jersey Equal Pay Act (“Act”), which requires an employer with fifty or more employees to provide written notice and post notices that detail an employee’s right “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 of 1963.
Although this new law went into effect on November 19, 2012, employers were not obligated to comply with the notice posting requirement until a final form notice and rules were issued. On December 11, 2013 the New Jersey Department of Labor and Workforce Development (“NJDOL”) released the final notice, thus triggering the start of employer’s duties and obligations under the Act.
This year, employers with 50 or more employees, whether they work inside or outside New Jersey, must comply with the following actions by the following deadlines:
- January 6, 2014: Covered employers must post the Gender Equity Notice in each of their locations in an area that is accessible to all employees. If an employer has an employee-only internet site or intranet site to which all employees have access, the employer may satisfy the posting requirement by placing the notice on the site. A copy of the poster is available here.
- February 5, 2014: For each employee hired on or before January 6, 2014, covered employers must provide the employee with a copy of the Gender Equity Notice. For employees hired after January 6, 2014, employers have a continuing obligation to provide a copy of the Gender Equity Notice to each employee hired after January 6, 2014, at the time of hire.
- On or before December 31 of each year: Each year beginning in 2014, covered employers must provide each employee with a written copy of the Gender Equity Notice.
Written copies of the notice may be provided by e-mail, hard-copy, or on an Intranet website if the site is for the exclusive use of all employees, can be accessed by all employees, and the employer provides notice to the employees of its posting.
The Act requires that employees must sign an acknowledgement, either in writing or by electronic verification, that they have received the Gender Equity Notice and have read and understood its terms within thirty days of its receipt.
If you have questions regarding the administrative implementation of the Gender Pay Equity notice, please contact Amanda Lavis at ALavis@rhoads-sinon.com or 717-237-6797.