NJ Department of Labor Issues New Poster Notification for All Employers

The New Jersey Department of Labor and Workforce Development (“DOL”) recently issued a new notice regarding the maintenance and reporting of employment records. All New Jersey employers must immediately begin providing a copy of the notice upon hire to any employee hired after November 7, 2011. For all pre-existing employees, the notice must be provided by December 7, 2011. Provision of the notice may be provided by hard copy or electronic mail. In addition to these distribution requirements, the notice must immediately be conspicuously posted at each worksite either by displaying it alongside other required workplace postings in a readily visible and accessible location or on an employer-run Internet or intranet site that is used exlusively by employees and to which all employees have access. Failure to comply with the distribution and and posting requirements carries a fine of up to $1,000, in addition to possible criminal penalties.

The six-page notice lists the recordkeeping requirements of the following New Jersey statutes: the Wage Payment Law, the Wage and Hour Law, the Prevailing Wage Act, the Unemployment Compensation Law, the Temporary Disability Benefits Law, the Family Leave Insurance Benefits Law, the Workers’ Compensation Law, and the Gross Income Tax Act. In addition, the notice provides a list of various contact numbers for questions and complaints regarding an employer’s failure to meet the requirements of these statutes.

As this year draws to a close, now is a good time for all employers to make sure their employment record-keeping policies comply with all statutory requirements. If you have questions regarding the posting requirements of the DOL’s notice, or need assistance with any of your employment or labor law-related needs, please feel free to contact any one of the attorneys in the Gibbons Employment & Labor Law Department.