By Rachel H. Khedouri, Esq. and Samantha Egge, Legal Intern
The New Jersey Division on Civil Rights (“NJ DCR”) has introduced new and amended regulations for private and public employers’ obligations to post and distribute information to employees regarding their rights under the New Jersey Law Against Discrimination (“NJLAD”) and the New Jersey Family Leave Act (“NJFLA”). The updated posters can be found HERE (NJLAD poster, for all New Jersey employers) and HERE (NJFLA poster, for employers with 30 or more employees worldwide). Spanish versions of both posters also are available HERE.
What must employers do?
- IMMEDIATELY: Employers must remove all prior versions of the posters and display the new official editions “in places easily visible” to employees and prospective employees. In physical locations, the posters must be at least letter-sized and contain text that is fully legible and easily readable. With prior notice to employees, companies can also meet their obligation by publishing the forms on the employers’ internet or intranet sites that are frequented by and accessible to employees and where other notices are customarily displayed.
- ANNUALLY OR UPON REQUEST: Under the updated regulations, employers must distribute written copies of the NJ DCR posters annually, on or before December 31, as well as upon an employee’s first request. Distribution can be via email, printed materials (including paycheck inserts or employee handbooks), or online posting.
Failure to display the required posters can result in fines of up to $10,000.
Additional posting and distribution obligations may apply depending on employer size and type, and whether the workplace is considered a place of accommodation. If you would like assistance ensuring your company is in compliance with federal, state, or local workplace posting requirements, please reach out to the NFC Attorney with whom you typically work or call us at 973.665.9100.