Worker Misclassification Posting Issued by New Jersey Department of Labor

Worker Misclassification Posting Issued by New Jersey Department of Labor

June 5, 2020

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.