NJ Mandates Notice of Employers’ Recordkeeping and Reporting Duties

The New Jersey Department of Labor and Workforce Development (NJDOL) recently issued a six-page notice, Form MW-400 (11/11), which New Jersey employers must immediately provide all persons newly-hired on or after Monday, November 7, 2011.  Employers must provide the MW-400 to current employees by Wednesday, December 7, 2011.

The notice, which is entitled “Employer Obligation to Maintain and Report Records,” details employers’ recordkeeping and reporting requirements under New Jersey’s wage and hour, unemployment, family leave, workers’ compensation, disability, and tax laws.

Specifically, employers must (1) post the MW-400 in each of their locations in a conspicuous area and (2) distribute a written copy of the notice to each current employee.  Pursuant to N.J.A.C. 12:2-1.3, employers may fulfill their posting and distribution requirements electronically.  Employers may, for example, use an internet or intranet site to post the notice if the site is exclusively for employees and all employees have access to the site.  Additionally, employers may use email to distribute the MW-400.  As a best practice, employers should document their compliance with the distribution requirement by getting signed acknowledgments of receipt from employees.

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