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New Requirements for NJ Employers and for Employers Conducting Business in Newark

New Jersey has introduced a new requirement for employers with 50 or more employees in New Jersey to post and distribute to employees a notice that State and federal law provides for gender pay equity and prohibits wage discrimination based on gender. The law goes into effect in November. Effective November 18, 2012, the City of Newark will impose restrictions on employers conducting hiring in the City with regard to the use of criminal background checks for job applicants. Employers are prohibited from (1) conducting pre-application criminal background checks and inquiries and (2) denying employment based on the results of a criminal background check conducted post-offer unless the employer first conducted an individualized analysis of the criminal background using factors listed in the new Ordinance. An employer may discuss an applicant’s criminal background pre-offer if the applicant discloses his/her criminal history voluntarily and without solicitation. Penalties will range between $500 and $1000 per violation.

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