labor lawAdivision of labor law center

As 2008 approaches, New Jersey businesses need to check their labor law posters to make sure the information is up to date.

The 2008 New Jersey labor law posters have gone through several changes and companies need to take appropriate action. As a result of the Fair Minimum Wage Act of 2007, the federal minimum wage rose for the first time in about 10 years from $5.15 per hour to $5.85 per hour. Several states raised their minimum wages at the same time.

During 2007, many other states, including Texas, Maine, Utah, and North Carolina established higher state minimum wages, too.

Other changes occurred to labor laws in 2007 that required companies to modernize their posters. For example, a new tough ban on smoking at work was established in Ohio. Businesses there had to post no-smoking signs at every entrance.

The 2008 New Jersey labor law posters that every employer must display are:

• Payment of Wages 
• Workers’ Compensation 
• Child Labor 
• Discrimination Notice 
• Wage Payment 
• Conscientious Employee 
• Unemployment Insurance 
• Family Leave Act/Leave of Absence 
• Right-To-Know

In addition, under federal law, every Nebraska employer must display the following posters that cover U.S. labor law:

• USERRA - Uniformed Services Employment and Reemployment Rights Act 
• Equal Employment Opportunity is the Law 
• Federal Minimum Wage 
• Employee Polygraph Protection Act 
• Family and Medical Leave Act 
• OSHA-Job Safety & Health Protection

A number of states across the country enacted an increase to their state minimum wage during 2007. Maine, North Dakota, South Dakota and New Hampshire are among them.

Minimum wage wasn’t the only law that changed during 2007. Two states established new no-smoking bans. Illinois’s new law banned smoking in almost every work environment, including casinos, restaurants and bars. In Ohio, a tough new ban on smoking at work was also enacted. Businesses were then required to post new no-smoking signs at all entrances.

Alaska amended its Child Labor Laws regarding the buying and selling of cigarettes. The law already prohibited anyone under the age of 19 from buying cigarettes, but concern arose regarding teens working in gas stations and convenience stores that sell cigarettes. Part of the concern was that these teens when unsupervised might sell cigarettes to friends who were underage. The law was changed, therefore, to also prohibit anyone under the age of 19 from selling cigarettes.

All of the changes that occurred during 2007, and those slated to occur in 2008 will require employers to update their labor law posters. If the posters are not updated, the employer could be fined.

On July 24, 2008, the federal minimum wage will go up again time from $5.85 to $6.55 per hour. Again, the states that bump their minimum wage when the federal rate rises, will increase their minimum wage rates on that day.

More than a dozen states will increase their minimum wages on January 1, 2008. These include Delaware, Oregon, Washington, California, Florida, Iowa, New Mexico, Massachusetts, Vermont, Colorado, Nebraska, Missouri, Montanan and Ohio. The lowest rate to be increased is in Montana, where the state minimum wage will increase from $6.15 per hour to $6.26. In Missouri and New Mexico, the state rate will go to $6.50.

The most common reason for employers to update posters includes statute changes, especially to minimum wage laws. In just the past few months, employers in New Hampshire, Nevada and Maine have updated their labor law posters as the state minimum wages changed. The most recent increase was on October 1, 2007 when the New Hampshire minimum wage increased to $6.50 per hour.

Under the recent USERRA regulations, members of the Navy, Air Force or Army Reserve and veterans, have the right to have their civilian jobs protected for a period of up to five years if they are called to serve. The Veterans’ Employment and Training Service, also known as VETS, is the division of the US Department of Labor that can assist people covered by the regulations if they make a claim under the USERRA regulations.

As an employer, this is an appropriate time to update your New Jersey USERRA poster with the final USERRA regulation being released by the Dept of Labor recently. It is important that you are displaying the most up to date information for employees to read.

It is also important that you ensure that you, as an employer, fully understand the new regulations as they provide important clarification of the rights of employees serving in the military.

One area that may have caused confusion in the past is the regulation that refers to the period of time that an employer should hold open a veterans civilian job. Briefly the new regulations are as follows:

An employer must rehire the veteran after up to 5 years, depending upon the length of service.

On returning to their civilian jobs, most employees are entitled to the same benefits that they would have received if they had not gone away from their job. These include cost of living and annual pay rises, as well as promotions relating to length of service.

The five year period that the employee is away is cumulative. If an employee is away for two years, and then three years, they are still entitled to have their job protected for both cases.

Periodic absences due to National Guard or Reserve training are not included in the five year period of absence.

There may be exemptions to these regulations, and it is the employer’s responsibility to ensure they are aware of these.

Just wanted to touch base to talk about New Jersey Labor Law Posters. As you are probably aware, New Jersey Labor Law Posters contain both state and federal notices, and are designed to keep employees apprised of their labor rights. New Jersey Labor Law Posters must be displayed in areas that are frequently visited by employees, such as lunch rooms or break rooms. Also, it is worth noting that these posters change frequently. Did you know that it is the law that only the most current New Jersey Labor Law Posters are displayed? Well, it is, so it’s always a good idea to make sure that the posters in your place of business are up to date. New Jersey Labor Law Posters are one of the first things looked at during labor department inspections, so it’s important to follow the rules when it comes to posting.

Back to the New Jersey Labor Law Posters and what is on them them. There certainly is a lot that’s new, so if you have done so recently, I would strongly suggest taking some time to familiarize yourself with the most current New Jersey Labor Law Posters. There’s a new poster that goes over the Smoke-Free Air Act. Basically this law states that smoking is prohibited in all enclosed work areas, except for a few specially named areas. An updated Child Labor law poster includes increases in penalties and fines for employers in violation, while the Conscientious Employee Protection Act poster is updated to include amendments to the act that extend whistleblower protection. The Fair Employment poster has been updated to include amendments to New Jersey law against discrimination, which now includes “domestic partnership” as a protected class.

I hope you’ve found this information helpful and interesting. Anyway, that’s all for now. Hope you can put this information on New Jersey Labor Law Posters to good use.

In researching New Jersey employment laws, I discovered that the state has made quite a few important changes to the labor laws and the related New Jersey ( NJ ) Employment Labor Posters. Specifically, there were changes to the child labor poster, showing the increase in penalties and fines for violations of the state child labor laws; there have been amendments added to the New Jersey Conscientious Employee Protection Act; and “domestic partnership” has been added to the Fair Employment poster. The Wage payment posters were updated recently, too. That’s because the New Jersey Department of Labor changed its name to the New Jersey Department of Labor and Workforce Development. Any time there is a change, no matter how small, the corresponding employment labor poster must be updated.
Also, I noticed that New Jersey recently passed the New Jersey Smoke-Free Air Act, prohibiting smoking in almost all enclosed work places. The “No Smoking” sign now must be prominently displayed wherever smoking is prohibited. This is a new poster. Additionally, New Jersey ( NJ ) Employment Labor Posters that must be displayed include Payment of Wages, Workers’ Compensation, Child Labor, Discrimination Notice, Wage Payment, Conscientious Employee, Unemployment Insurance, Family Leave Act/Leave of Absence, and the Right-To-Know Act.
Besides those state laws, there are several Federal posting requirements. You may notice that there is an overlap in some of them, like the minimum wage law. That is because the government sets out the standard, but then states are allowed to step in and make their own employment labor laws if they so choose. At any rate, the federal employment labor posters include the following regulations: USERRA - Uniformed Services Employment and Reemployment Rights Act, Equal Employment Opportunity is the Law, Federal Minimum Wage, Employee Polygraph Protection Act, Family and Medical Leave Act, and OSHA-Job Safety & Health Protection.

The Division of Wage and Hour Compliance enforces New Jersey State Labor Laws by being sure that all those employed receive at least the minimum wage, by supervising methods of wage payment, and by enforcing the laws concerning child labor.

The current minimum wage rate in New Jersey is $6.15 per hour. This rate began October 1, 2005. The next increase will be effective October 1, 2006 and will raise the minimum wage one dollar to $7.15 per hour. These minimum wage amounts are reflected in NJ Labor posters.

Overtime is also enforced by the Division of Wage and Hour Compliance. The New Jersey State Wage and Hour Law requires the payment of time and one half per hour for hours worked in excess of 40 hours. There are some exceptions to this law and they are explained in NJ Labor posters. The New Jersey State Wage and Hour Law stipulates the conditions under which health care facilities may require certain hourly employees to work overtime.

This law also states the time, manner, and mode of payment. It does not allow employers to deduct wages for breakage, spillage, or even cash register shortages!

The law also specifies the number of hours a minor can work, as well as where they can work. This is true for everyone under the age of eighteen.

Even migrant farmers have rights under this law. This law outlines minimum wage and wage payment standards, and authorizes the investigation and site inspection of migrant farm labor camps, drinking water and toilet facilities.

Although you may not be required to post New Jersey Labor posters in your home-based business, you are still regulated by New Jersey law. For instance, the manufacturing of apparel in the home by a home worker performing work for an apparel manufacturer or contractor is prohibited.

You can learn more about these laws by reading NJ Labor posters.