Thursday, October 25, 2012

NJ New Poster Requirement - Gender Equity in Pay

UPDATE - NEW POSTER REQUIREMENT – GENDER EQUITY IN PAY,
COMPENSATION, BENEFITS OR OTHER TERMS OR CONDITIONS OF
EMPLOYMENT

P.L. 2012, c. 57, becomes effective on November 19, 2012 and requires that every employer in
New Jersey, with 50 or more employees, must conspicuously post notification in a place or
places accessible to all workers in each of the employer’s workplaces, in a form issued by
regulation promulgated by the Commissioner of Labor and Workforce Development, detailing
the right to be free of gender inequity or bias in pay, compensation, benefits or other terms and
conditions of employment under pertinent state and federal laws.
P.L. 2012, c. 57, also requires that the employer must provide to each worker of the employer a
written copy of the notification: not later than 30 days after the form of notification is issued by
the Commissioner; at the time of the worker’s hiring, if the worker is hired after the issuance of
the form of notification; annually, on or before December 31 of each year; and at any time, upon
the first request of the worker.
The law does not require that the notification be posted or distributed on the November 19,
2012 effective date.

The law does not require that the notification be posted or distributed within 30 days of the
November 19, 2012 effective date.

The posting and distribution requirements contained in the law are not triggered until the
Commissioner of Labor and Workforce Development issues the form of notification “by
regulation.”
The regulatory process takes months and involves (1) the publication of a notice of proposal in
the New Jersey Register and on the Department of Labor and Workforce Development website,
which would contain a proposed form of the notification, (2) a 60-day comment period during
which members of the public may submit written comments regarding the proposed form of the
notification, and (3) the publication of a notice of adoption in the New Jersey Register, which
would contain the final form of the notification.
It would only be upon publication in the New Jersey Register of a notice of adoption
containing the final form of the notification that the posting and distribution requirements
within P.L. 2012, c. 57, are triggered.
The Department will be posting regular updates on its website as to the status of the rulemaking.

If you would like to keep updated on any or all states of the Labor Law Posting requirements, feel free to opt-in to email notifications at www.nationalsafetycompliance.com/POS/LLPSubscribe.htm

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