Our colleague Nancy L. Gunzenhauser has a Technology Employment Law blog post that will be of interest to many of our hospitality industry readers: “Three States Seek to Bolster Fair Pay Laws.”

Following is an excerpt:

Following on the tails of recent updates in New York and California’s equal pay laws, New Jersey, Massachusetts, and California all have bills pending in their state legislatures that would seek to eliminate pay differentials on the basis of sex and other protected categories. …

While states are leading the charge with updates to equal pay laws, the EEOC is also stepping up equal pay enforcement with their proposal to modify the EEO-1 forms to include pay information. This push to gather more information regarding pay among various categories may lead to an increase in pay-related claims over the next few years. To help avoid such claims, employers should consider auditing job titles and compensation methods to ensure compliance with each jurisdiction’s equal pay laws.

Read the full post here.

by Michael D. Thompson

A posting and distribution requirement added to New Jersey’s prohibition on discrimination in pay went into effect on November 19, 2012.  Employers will not, however, be obligated to comply with the requirement until the New Jersey Commissioner of Labor and Workforce Development issues the required notification form.

The notification form will explain the prohibition against gender discrimination in pay, compensation, benefits or other terms and conditions of employment (as set forth in N.J.S.A. § 34:11-56.2). 

Once the form is prepared, every New Jersey employer with 50 or more employees must post it in a conspicuous place accessible to all employees in the workplace. 

Employers will also be required to provide every employee with a written copy of the notification. The initial distribution must be made not later than 30 days after the notice form is issued by the Commissioner.  In addition, the noticed must be given to every new employee at the time of hiring, and must be distributed annually on or before December 31 of each year.