Federal & State Regulations | Equal Pay Act - New Jersey

State Info

Summary of differences between federal and state regulations

Employer defined

“Employer” includes all ‘persons’ unless otherwise specifically exempt, and includes the state, any political or civil subdivision, and all public officers, agencies, boards or bodies.

“Person” includes one or more individuals, partnerships, associations, organizations, labor organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and fiduciaries.

Unlawful employment practices

Effective July 1, 2018, New Jersey’s wage and hour law is expanded to make it illegal for an employer to pay employees who are members of a protected class less than those who are not members of the protected class — when the individuals perform “substantially similar work.” Under the law, this term is viewed as a composite of skill, effort, and responsibility. New Jersey’s law allows wage differentials for specific reasons, such as seniority or merit. Under New Jersey’s law, employers may not rely on salary history to justify a wage disparity.

In March 2020, guidelines were provided regarding the Act. Under New Jersey state law, employee protections are stronger than the federal Equal Pay Act, which covers only gender-based pay disparities and only requires equal pay for “equal” work, not “substantially similar” work. New Jersey’s law provides protections based on race, creed, color, national origin, ancestry, age, marital status, and more.

In addition to providing an overview of the Act, the guidelines issued in March 2020 contain answers to frequently asked questions and help inform employers of their obligations and members of the public of their rights under the law.

Employees may file a complaint with the New Jersey Division on Civil Rights within 180 days of the date of the alleged violation. Alternatively, they may file a complaint in the Law Division of the Superior Court of New Jersey within two years of the alleged violation.

Posting

Effective November 21, 2012, employers with 50 or more employees must post a notice detailing the right to be free of gender inequity or bias in pay, compensation, benefits, or other terms or conditions of employment under the New Jersey “Law Against Discrimination,” Title VII of the Federal Civil Rights Act, and the Federal Equal Pay Act.

Employers must also provide each worker with a written copy of the notice upon hire, on or before December 31 of each year, and upon request.

A2647, signed 9/21/12. (http://www.njleg.state.nj.us/2012/Bills/A3000/2647_R2.HTM)