Labor & Employment Practice December 2013
NJ Gender Equity Notice Obligations Effective in 2014 On December 11, the New Jersey Department of Labor and Workforce Development (NJDLWD) released the new mandatory gender equity notice (Notice), implementing a September 2012 amendment to the New Jersey Equal Pay Act. The Notice informs employees of their right to be free of gender inequity or bias in pay, compensation, benefits, or other terms and conditions of employment. The Notice further reminds employees that these rights are protected under both federal and state laws, and explains the remedies available under each. Beginning January 6, 2014, New Jersey employers with 50 or more employees (whether or not all 50 employees work inside or outside the state of New Jersey) must begin complying with the following new posting and distribution requirements: •
By January 6, 2014, the Notice must be conspicuously displayed in an area accessible to employees. If an employer has an exclusive Internet or intranet site available for the use of its employees and to which all employees have access, the employer may satisfy this posting requirement by placing the Notice on the site.
•
At the time of hire, covered employers must provide a written copy of the Notice to each employee hired after January 6, 2014.
•
By February 5, 2014, covered employers must also distribute the Notice to all of its employees hired on or before January 6, 2014.
•
Covered employers must provide the Notice to all employees annually, by December 31 of each year.
•
Finally, covered employers must provide the Notice to any employee upon request.
© 2013 Winston & Strawn LLP
The Notice may be distributed in either hard copy or electronic form. The distributed Notice must also be accompanied by an acknowledgement which stipulates that the employee has received and read the Notice and understands its terms. The Notice must be signed by the employee, either in writing or by electronic verification, and returned to the employer within 30 days of the employee’s receipt of the Notice. The Notice must be posted in both English and Spanish, as well as any other language spoken by 10 percent or more of the covered employer’s workforce, so long as the NJDLWD has issued a form of notice in that language. Finally, the Notice includes language advising of remedies under federal and New Jersey law for gender inequity in pay. The New Jersey Law Against Discrimination (LAD) prohibits employment discrimination based on, among other things, an individual’s sex. Remedies under the LAD may include an order restraining unlawful discrimination, back pay, and compensatory and punitive damages. Claims under the New Jersey wage discrimination law, N.J.S.A., 34:1156.1 et seq., may be filed with the NJDLWD or directly in court. Remedies under this law may include the full amount of the salary or wages owed, plus an additional equal amount as liquidated damages. As the deadline approaches, covered New Jersey employers should be considering procedures and policies for implementing and ensuring compliance with these new requirements Click here to see the NJDLWD’s “December 2013 Bulletin regarding New Gender Equity Notice”; click here for a copy of the Notice; and click here for the full text of the September 21, 2012 amendment for the New Jersey Equal Pay Act.
Labor & Employment Practice
Related Professionals If you have questions, please contact any of the Winston & Strawn Labor and Employment Department attorneys listed below or your usual Winston & Strawn LLP contact.
Charlotte
Hong Kong
Paris
Wood W. Lay Eric Zion
Simon C.M. Luk
Sébastien Ducamp Barbara Hart
Chicago Derek G. Barella Susan M. Benton Shane W. Blackstone John M. Dickman C. R. Gangemi, Jr. William G. Miossi Michael L. Mulhern Michael P. Roche Rex L. Sessions Cardelle B. Spangler Joseph J. Torres
Geneva Vanessa Alarcon Duvanel Franz Stirnimann Fuentes
Houston Jennifer Rappoport
Los Angeles Julie M. Capell Michael S. Chamberlin Paul J. Coady Anna Segobia Masters Monique Ngo-Bonnici Laura R. Petroff Jennifer Rappoport Amanda Sommerfeld Marcus A. Torrano Emilie Woodhead
San Francisco Jeffrey S. Bosley Joan B. Tucker Fife Julie L. Hall
Shanghai Matthew Durham Laura Hua Luo Brinton M. Scott
Washington, D.C. William G. Miossi
New York Deborah S.K. Jagoda Stephen L. Sheinfeld William M. Sunkel
These materials have been prepared by Winston & Strawn LLP for informational purposes only. These materials do not constitute legal advice and cannot be relied upon by any taxpayer for the purpose of avoiding penalties imposed under the Internal Revenue Code. Receipt of this information does not create an attorney-client relationship. No reproduction or redistribution without written permission of Winston & Strawn LLP.
© 2013 Winston & Strawn LLP
2
