Conscientious Employee Protection Act (CEPA)
We would like to remind New Jersey clients of their obligation to annually distribute to their New Jersey employees, via written or electronic means, the required notice under CEPA in both English and Spanish.
Click here for a copy of the poster / required notice to be distributed to employees. At the bottom of the poster, in the contact information box, please insert the person within your organization who has been designated to answer employee questions regarding their rights and responsibilities under this Act. We also ask that you contact an ADP MyLife Advisor at 1 – 800-554-1832.
In addition, we are providing clients with an explanatory cover letter which should also be provided to employees. The English and Spanish language letter is available on FormSource/Forms Library in the state appendix and titled “New Jersey CEPA Notice Cover Letter”.
Gender Inequity Notice
New Jersey law requires New Jersey employers with 50 or more employees (determined by counting all employees regardless of whether those employees work in New Jersey) to “conspicuously post” and distribute a notification stating employees’ rights to be free from gender inequity or bias in pay, compensation, benefits or other terms or conditions. This requirement complies with the New Jersey Law Against Discrimination, Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963.
The law also requires covered employers to provide each employee with a written copy of the notification at the time of hire, at any time after an employee’s first request and annually. Employers may provide a written copy of the notification by:
· E-mail delivery;
· As printed material in a paycheck insert;
· A brochure, handbook policy or flyer at an employee meeting, or
· By posting it on an Internet or Intranet.
NOTE: This notification option is available if the website is for the exclusive use of all employees, can be accessed by all employees, and the employer provides notice of the website posting itself.
Employers also must include an acknowledgement (included in the notice) with the notification in which the employee states that he or she has received the notification and has read and understands the terms of the notification. The employee must sign the acknowledgement in writing or by electronic verification and return it to the employer within 30 days of its receipt.
The required notice can be accessed here in English and here in Spanish.
If an employer reasonably believes that the first language of ten percent or more of its workforce is a language other than English, the employer must also provide notice in that language if such notice is available through the New Jersey Department of Labor (“NJDOL”). NJDOL has currently published a Spanish version, which can be accessed here.
As always, feel free to contact your HR Business Partner if you have any questions.
This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.