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NJ Department of Labor Announces Posting and Distribution Requirement Date for Gender Equity Poster

In its December 2013 update, the New Jersey Department of Labor (“DOL”) announced that it will publish the notice of adoption of the so-called “gender equity notice” in the New Jersey Register’s January 6, 2014 issue.  The gender equity notice was originally proposed on January 7, 2013.

In its December 2013 update, the New Jersey Department of Labor (“DOL”) announced that it will publish the notice of adoption of the so-called “gender equity notice” in the New Jersey Register’s January 6, 2014 issue.  The gender equity notice was originally proposed on January 7, 2013.

The January 6, 2014 publication will trigger the posting and distribution requirements of the gender equity notice.  Accordingly, as of January 6, 2014, all New Jersey employers of 50 or more employees (“covered employers”) will be required to adhere to these requirements.  Specifically, beginning on January 6, 2014, covered employers are required to do the following:

Post the gender equity notice adopted by the DOL in a conspicuous place at each of its workplaces - such place(s) must be accessible to all of the covered employer’s employees.  The notice may be posted on the covered employer’s internet or intranet site if such site is accessible to all of its employees and if it is for the exclusive use of such employees.
Distribute a hard copy of the gender equity notice to any employee hired on or before January 6, 2014 by February 5, 2014.
Distribute a hard copy of the gender equity notice to any employee hired after January 6, 2014 at the time of hiring.
Distribute a hard copy of the gender equity notice to all employees on an annual basis by no later than December 31st.
Distribute a hard copy of the gender equity notice to any employee upon initial request.

A covered employer may satisfy these distribution requirements via (a) e-mail; (b) printed copy; or (c) internet or intranet posting, so long as the internet or intranet site is accessible to all employees, the site is for all employees’ exclusive use, and the covered employer notifies the employees of the posting.

Finally, the distributed gender equity notice is required to be accompanied by an acknowledgment, which is to be executed by the employee and returned to the covered employer within 30 days of receipt.  This acknowledgment must state that the employee has received, read and understood the gender equity notice.

As timely adherence to the posting and distribution requirements is mandatory for covered employers and the DOL has released the gender equity notice in advance of the January 6, 2014 trigger date, covered employers should take steps today to ensure compliance.

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