Labor & Employment

Division of Civil Rights Poster Requirements

In a previous client alert, we discussed that on Aug. 1, 2022, the New Jersey Division on Civil Rights (DCR) updated its regulations concerning the “Display of Official Posters of the Division on Civil Rights.” This regulation requires “employers, housing providers, and places of public accommodation to prominently display ‘in places easily visible’ to those who would be affected by violations of these laws, posters created by DCR to better inform individuals and covered entities of their rights and obligations under the New Jersey Law Against Discrimination (NJLAD) and Family Leave Act (NJFLA).” N.J. Admin. Code § 13:8-1.2 to 1.5; 2.2 (2022). The link to the regulations can be found here. Below are the key takeaways from the updated regulations.

If an employer utilizes an internet or intranet site that all of its employees have access to and the employer “customarily post[s] notices to affected employees or other affected individuals electronically on the site,” then the posting of the official NJLAD and NJFLA posters on the employer’s internet or intranet sites will satisfy its posting obligations.

Additionally, on an annual basis, employers must post and distribute written copies of the posters to each employee on or before Dec.31 of each year and upon the first request of an employee. Employers can fulfill their distribution obligations by:

  • Email delivery.
  • Printed material, including, but not limited to, paycheck inserts, a brochure or similar informational packet provided to new hires, an attachment to an employee manual or policy book, or a flyer distributed at an employee meeting.
  • An internet or intranet website, if the site is for the use of all employees, that can be accessed by all employees, and the employer provides notice to the employees of its posting.

In addition to the updated regulations, DCR also issued new sets of NJLAD and NJFLA posters, which can be found here.

Employers should include the new DCR notices in their annual distribution of the Conscientious Employee Protection Act and Gender Equity notices.

NJ Minimum Wage Increase

It is also important to note that New Jersey’s statewide minimum wage will increase to $14.13 per hour effective Jan.1, 2023. This is a $1.13 increase from 2022.

Most New Jersey employees will be afforded the $14.13 minimum wage. However, for employees of seasonal and small businesses, the minimum wage will increase to $12.93 effective Jan. 1, 2023 ($1.03 more than the previous year). With respect to agricultural workers who work on a farm for a piece-rate or regularly hourly rate basis, the minimum wage will increase to $12.01. Furthermore, direct care employees of long-term care facilities will see a minimum wage increase to $17.13. Lastly, the minimum wage rate for tipped workers will increase to $5.26. Employers will be able to claim a tip credit of $8.87.

It is crucial for employers to adhere to the minimum wage laws. New Jersey’s Wage Theft Act imposes hefty penalties on employers who do not pay their employees the required minimum wage.

The Bottom Line: New year, new developments. Employers should be sure to stay up to date to avoid any statutory violations.


Practice Areas

Jump to Page