The New Jersey Department of Labor and Workforce Development (NJDOL) has issued a new six-page notice that employers are required to post conspicuously in accessible locations and distribute to all employees. Employers must comply with the new posting requirements and distribute the notice to all current employees by December 7, 2011. 

The posting, MW-400 (11/11), streamlines the state wage, benefit, and tax record maintenance and reporting requirements into a single document. The notice focuses on eight statutes, including the Wage Payment Law, the Wage and Hour Law, the Prevailing Wage Act, the Unemployment Compensation Law, the Temporary Disability Benefits Law, the Family Leave Insurance Benefits Law, the Workers’ Compensation Law, and the Gross Income Tax Act. 

Employers who maintain an Internet or intranet site may satisfy the conspicuous posting requirement by posting the notice electronically. Additionally, distribution to individual employees via e-mail will satisfy the requirement of providing each employee with a copy of the notification. 

Failure to ensure that this notice is conspicuously displayed by December 7, that all current employees receive a copy of the notice by December 7, and that all new employees receive a copy of the notice immediately upon hiring could result in fines up to $1,000 and possible criminal penalties. 

Ballard Spahr’s Labor and Employment Group routinely assists employers in NJDOL compliance. If you have questions or concerns regarding the notice and posting requirements, please contact Patricia A. Smith, 856.873.5521 or smithpa@ballardspahr.com or the lawyer in the Labor and Employment Group with whom you work.


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