Bill Text: NJ S1930 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires employers post notice of worker rights under certain State and federal laws.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2012-06-21 - Substituted by A2647 (2R) [S1930 Detail]
Download: New_Jersey-2012-S1930-Introduced.html
Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
SYNOPSIS
Requires employers post notice of worker rights under certain State and federal laws.
CURRENT VERSION OF TEXT
As introduced.
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. a. Every employer in this State 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, 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 compensation discrimination based on gender.
b. 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; annually, on or before December 31 of each year; and at any time, upon the first request of the worker. The 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. 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. 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. The employer shall post and provide the notification in English, Spanish, and any other language the employer reasonably believes is the first language of 10 percent or more of the employer's total number of full-time, part-time, and contracted workers.
2. This act shall take effect on the 61st day after the date of enactment.
STATEMENT
This bill requires every employer in the State to post notification, in a place or places accessible to all workers in each of the employer's workplaces, in a form prescribed by the Commissioner of Labor and Workplace Development, 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 compensation discrimination based on gender.
The bill also requires that every employer 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; annually, on or before December 31 of each year; and at any time, upon the first request of the worker.
The bill requires that the employer make the notification required by this bill through: email delivery; 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 an Internet or Intranet website if the site is for the exclusive use of, and can be accessed by, all the workers, and the employer provides notice to the workers of its posting. The employer notification must contain an acknowledgement that the worker has received the notification and has read and understands its terms and ensure that the acknowledgement is signed by the worker, in writing or by means of electronic verification, and returned to the employer within 30 days of its receipt.
Finally, the bill requires the commissioner to make the notification 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. This determination will 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. The employer is required to post and provide the notification in English, Spanish, and any other language the employer reasonably believes is the first language of 10 percent or more of the employer's total number of full-time, part-time, and contracted workers.
