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NJ DOL Issues New Posting and Notification Requirement on Employers
Effective November 7, 2011, a new regulation issued by New Jersey's Department of Labor and Workplace Development requires employers to:
Post in a conspicuous place in each of the employer's workplaces, a form notification relating to its obligations to maintain and report records regarding wages, benefits, taxes and other contributions and assessments under New Jersey's wage, benefit and tax laws;
- Distribute to each current employee a written copy of the form notification not later than December 7, 2011; and
- For employees hired after November 7, 2011, distribute a written copy of the form notification at the time of the employee's hiring.
The regulation, located at N.J.A.C. 12:2-1.1 et seq., was issued to provide the form of the notification in order to comply with N.J.S.A. 34:1A-1.14, the underlying law that requires employers to post and distribute its record keeping and reporting obligations. The mandate applies to each employer that is required to maintain and report records regarding wages, benefits, taxes and other contributions and assessments under New Jersey's wage, benefit and tax laws.
In addition to setting forth the statutory reporting and record keeping requirements under the various wage, benefit and tax laws implicated, the form of the notification also provides contact information for the appropriate State representative in the event an employee wishes to report an employer's failure to meet the requirements. Click here for the form of the notification.
Notably, in the event an employer has an internet site or intranet site for the exclusive use by its employees and to which all employees have access, posting of the notification on that site will satisfy the rule's posting requirement. Likewise, the rule's distribution requirement can be satisfied by providing the notification to the employees by email.
If you have any questions regarding compliance with this new rule or how it may affect your business, feel free to contact Katherin Nukk-Freeman or the Nukk-Freeman & Cerra attorney with whom you normally work.
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