Worker Misclassification Posting Issued by New Jersey Department of Labor

Worker Misclassification Posting Issued by New Jersey Department of Labor

June 5, 2020

Source: Saiber Employment Law Alert

In January 2020, the New Jersey legislature passed a comprehensive package of laws addressing worker misclassification, including a notice posting requirement at the workplace.  Employers must now post a notice detailing employee rights and employer responsibilities under the new laws. 

The New Jersey Department of Labor and Workforce Development recently distributed a form notice, available two sizes: 11 x 17 and 8 x 11.  The notice delineates: (1) the prohibition against employers misclassifying workers as independent contractors; (2) how workers can determine whether they are an employee or independent contractor; (3) the benefits and protections afforded to employees; (4) available remedies to workers who have been misclassified; and (5) contact information for reporting possible misclassification. 

To ensure full compliance with the newly enacted law, employers must conspicuously display the poster “in a place or places accessible to all employees in each of the employers’ workplaces.”  Employers who violate this provision are guilty of a disorderly persons offense and subject to a fine starting at $100 and up to $1000. 

For further information on the worker misclassification laws, see our article New Laws Seek to End Worker Misclassification.