Recognizing that workers are increasingly working from home or in places other than an employer’s worksite, the New Jersey Division on Civil Rights (DCR) issued proposed regulations on March 21, 2022, that would allow employers to satisfy the state’s Law Against Discrimination (LAD) and Family Leave Act (NJFLA) poster requirements via an internet or intranet site rather than a conventional bulletin board in the workplace. Specifically, the proposed rules provide that “[i]n the event that an employer has an internet site or intranet site for use by its employees to which all employees have access and the employer customarily posts notices to affected employees or other affected individuals electronically on the site, posting of the official [LAD and NJFLA] poster[s]” on the internet or intranet site will satisfy the laws’ posting requirements.
The proposed regulations would also expand the current notice requirements by mandating that employers distribute copies of the posters to each employee “(1) [a]nnually, on or before December 31 of each year; and (2) [u]pon the first request of an employee.” An employer would be permitted to satisfy these distribution requirements “(1) [b]y email delivery; (2) [t]hrough printed material, including, but not limited to, paycheck inserts; brochure or similar informational packet provided to new hires; an attachment to an employee manual or policy book; or flyer distributed at an employee meeting; or (3) [t]hrough an internet or intranet...
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