CLIENT UPDATE

Putney, Twombly, Hall & Hirson LLP
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December 5, 2011

New Jersey Employers Must Post and Distribute Record-Keeping Notice

On November 7, 2011, the New Jersey Department of Labor and Workforce Development (“NJ DOL”) released a notice entitled “Employer Obligation to Maintain and Report Records.”  The Notice sets forth a New Jersey employer’s obligation to maintain and report employment records relating to the payment of wages, unemployment compensation, temporary disability benefits, workers’ compensation, taxes and Family Leave Insurance Benefits.  The NJ DOL regulations require a New Jersey employer to:  (1) post the Notice conspicuously in the workplace by December 7, 2011; (2) provide each employee hired prior to November 7, 2011 a written copy of the Notice by December 7, 2011; and (3) provide employees hired after November 7, 2011 a written copy of the Notice at the time of hire.  The Notice is available at http://lwd.dol.state.nj.us/labor/forms_pdfs/EmployerPosterPacket/MW-400.pdf.

Employers who maintain an intranet or Internet site for the exclusive use by employees may satisfy the posting requirement by including the Notice on the site, provided that all employees have access to the employer’s intranet or Internet system.  Employers may also e-mail the Notice to employees.  Otherwise, the Notice should be posted where other employment notices are located. 

Failure to comply with the notice requirements carries a fine of up to $1,000, in addition to possible criminal penalties.  Continued failure to comply may result in NJ DOL workplace audits and/or the suspension or revocation of one or more of the employer’s licenses to conduct business in New Jersey.  Therefore, New Jersey employers should ensure they are in compliance with state law. 

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If you have any questions regarding the “Employer Obligation to Maintain and Report Records” Notice, or any other employment matter, please do not hesitate to contact us.