A2647 2R

Sponsored by:

Assemblywoman PAMELA R. LAMPITT

District 6 (Burlington and Camden)

Assemblywoman CELESTE M. RILEY

District 3 (Cumberland, Gloucester and Salem)

Assemblyman PAUL D. MORIARTY

District 4 (Camden and Gloucester)

Co-Sponsored by:

Assemblywomen Mosquera, Watson Coleman, Assemblyman Fuentes, Senators Weinberg, Greenstein, Madden and Assemblywoman Sumter

SYNOPSIS

Requires employers post notice of worker rights under certain State and federal laws.

CURRENT VERSION OF TEXT

As reported by the Senate Labor Committee on June 7, 2012, with amendments.

An Act concerning employer notices and supplementing P.L.1952, c.9 (C.34:11-56.1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. ¹a.¹ Every employer in this State², with 50 or more employees,² shall 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, ¹[of worker rights under every applicable State and federal law that provides for gender pay equity or that prohibits wage] detailing the right to be free of gender inequity or bias in pay, compensation, benefits or other terms or conditions of employment under the “Law Against Discrimination,” P.L.1945, c.169 (C.10:5-1 et seq.), P.L.1952, c.9 (C.34:11-56.1 et seq.), Title VII of the Civil Rights Act of 1964, Pub.L. 88-352 (42 U.S.C. s.2000e et seq.), and the Equal Pay Act of 1963, Pub.L. 88-38 (29 U.S.C. s.206(d)), which prohibit wage or compensation¹ discrimination based on gender.

¹b.¹ The employer shall provide each worker of the employer with a written copy of the notification: not later than 30 days after the form of the notification is issued by the commissioner; at the time of the worker’s hiring, if the worker is hired after the issuance; ¹annually, on or before December 31 of each year;¹ and at any time, upon the first request of the worker. ¹The employer shall make the written copy of the notification available to each worker:

(1) By email delivery;

(2) Via printed material, including, but not limited to, a pay check insert, brochure or similar informational packet provided to new hires, an attachment to an employee manual or policy book, or flyer distributed at an employee meeting; or

(3) Through an Internet or Intranet website, if the site is for the exclusive use of all workers, can be accessed by all workers, and the employer provides notice to the workers of its posting.

The notification provided by the employer pursuant to this subsection shall contain an acknowledgement that the worker has received the notification and has read and understands its terms. The acknowledgement shall be signed by the worker, in writing or by means of electronic verification, and returned to the employer within 30 days of its receipt.

c.¹ The commissioner shall make the notification required by this section available in English, Spanish, and any other language that the commissioner determines is the first language of a significant number of workers in the State ¹[and the] . This determination shall be, at the discretion of the commissioner, based on the numerical percentages of all workers in the State for whom English or Spanish is not a first language or in a manner consistent with any regulations promulgated by the commissioner for this purpose. The¹ employer shall post and provide the notification in English, Spanish, and any other language ¹[for which the commissioner has made the notification available and which] ²for which the commissioner has made the notification available and which² the employer reasonably believes¹ is the first language of ¹[a significant number of the employer’s workforce] ²[10 percent or more of the employer’s total number of full-time, part-time, and contracted workers¹] a significant number of the employer’s workforce².

2. This act shall take effect on the 61st day after the date of enactment.