New Jersey Employers Must Update Workplace Postings

​New Jersey employers will need to display revised posters advising employees of their rights under the state's anti-discrimination and family leave laws, according to regulations that were adopted by the New Jersey Division on Civil Rights (DCR) on Aug. 1.

Among other new requirements, covered employers must distribute the posters annually to employees. What do you need to know about complying with new workplace posting rules?

Posting Requirements

The DCR created a new official poster that must be displayed by employers that are covered by the New Jersey Law Against Discrimination (LAD). The official poster is available on the DCR's website. Additionally, employers with 30 or more employees who are covered by the New Jersey Family Leave Act (FLA) must replace their FLA posters with a new poster, which is available here.

Both the LAD and FLA posters must be printed on 8 ½" by 11" paper (or larger) and contain text that is fully legible and large enough to be easily read. In addition to or in lieu of a physical posting in the workplace, employers can satisfy the posting requirement by making the poster available electronically on an internet or intranet site that all employees can access. 

Annual Distribution Requirements

In addition to the posting requirement, covered employers must distribute the LAD and/or FLA posters annually on or before Dec. 31 and upon an employee's first request. There are various ways that employers can distribute the notice, including via e-mail, printed material (via a paycheck insert, onboarding documents, an attachment to a handbook, or a flyer distributed at an employee meeting), or through an internet or intranet website that all employees can access.

What Should Your Business Do?

All New Jersey employers should post these new notices – either physically, electronically or both – and prepare to distribute the posters on an annual basis by the end of 2022. Moreover, you should ensure all posters are up-to-date. In addition to the recently updated LAD and FLA posters, the DCR requires employers to post a notice regarding public accommodation in a place where it can be viewed by the public, such as the main lobby or entrance of an office.

Don't forget that the New Jersey Department of Labor and Workforce Development also requires you to display posters regarding child labor, workers' compensation, wage and hour rules, payment of wages, unemployment insurance, temporary disability benefits, the Conscientious Employee Protection Act (CEPA), family leave insurance, records, the SAFE Act (if you have 20 or more employees), gender equity (if you have 50 or more employees), paid sick leave, and worker misclassification. Additionally, there is an annual requirement for distribution of the CEPA and gender equity notices. New Jersey employers also are required to display a no smoking poster.

Sarah Wieselthier is an attorney with Fisher Phillips in Murray Hill, N.J. © 2022. All rights reserved. Reprinted with permission.