The New Jersey Department of Labor and Workforce Development has released a new mandatory workplace notice for employers. Earlier this year, Governor Phil Murphy signed Assembly Bill 5843, requiring employers to post a notice regarding employee misclassification. The notice must contain the following information:
- An explanation of the prohibition for employer to misclassify its employees;
- The standard that is applied by the Department of Labor and Workforce Development to determine whether one is an employee or an independent contractor;
- The benefits and protections to which an employee is entitled under State wage, benefit and tax laws;
- The remedies which workers affected by misclassification may be entitled under New Jersey law; and
- Information on how a worker or a worker’s authorized representative may contact, by telephone, mail and e-mail, a representative regarding possible worker misclassification.
Under the law, employers are prohibited from retaliating against any employee for complaining about, filing an action regarding, or testifying in a proceeding about, worker misclassification. Employers that violate the anti-retaliation provision must offer reinstatement to the aggrieved employees in addition to offering to pay all wages and benefits lost as a result of the discriminatory act. Employers that violate any provision of the law will be subject to a fine of not less than $100 nor more than $1,000.
CPC has redesigned the New Jersey All-On-OneTM Labor Law Poster to include the new mandatory employee misclassification notice. New Jersey employers must also display the Conscientious Employee Protection Act Poster, also known as the Whistleblower Act Poster, in English and Spanish. Previously, both versions of the Whistleblower Act notice were included on all New Jersey All-On-Ones, but when the new misclassification notice was added, the Spanish whistleblower version was removed from the English All-On-One and the English whistleblower version was removed from the Spanish All-On-One. To stay compliant, order your posters using the links above, or by calling our Compliance Advisors at 1-888-930-5892.