| The Pay Transparency Act Effective June 1, 2025, New Jersey employers with ten (10) or more employees over twenty (20) calendar weeks doing business or taking applications for employment in the State of New Jersey must disclose “the hourly wage or salary, or a range of the hourly wage or salary, and a listing of benefits and other compensation programs for which the employee would be eligible within the employee’s first 12 months of employment.” Notably, this requirement does not prohibit an employer from increasing the wages, benefits, and compensation identified in the job posting at the time of making an offer for employment to an applicant. The law also requires that employers make “reasonable efforts to announce, post, or otherwise make known opportunities for promotion that are advertised internally within the employer or externally on internet-based advertisements, postings, printed flyers, or other similar advertisements to all current employees in the affected department” prior to making a promotion decision. A promotion is defined as “a change in job title and an increase in compensation.” Exceptions exist for promotions awarded based on years of experience and performance as well as promotions on an emergent basis due to an unforeseen event. Wage and Hour Effective January 1, 2025, the minimum wage applicable to most employees increased to $15.49 per hour. The New Jersey Data Protection Act Effective January 15, 2025, the New Jersey Data Protection Act (“NJDPA”) provides additional protections to New Jersey consumers regarding the collection and use of their | personal data by covered entities. This includes, but is not limited to, the right to correct inaccuracies, delete personal data concerning the consumer, and opt out of the processing of the consumer’s personal data. The NJDPA also requires that covered entities provide privacy notices that are “reasonably accessible, clear, and meaningful” to the consumer and outline, among other things, the categories of personal data captured, the purpose for processing personal data, and how consumers may exercise their rights under the Act. Dress Codes The New Jersey Attorney General and DCR recently issued a consent decree based on a charge of discrimination against a New Jersey restaurant wherein a patron claimed they were denied service as a result of the individual’s alleged failure to adhere to a dress code governing men’s clothing. The DCR took the position that the restaurant’s dress code policy violated the New Jersey Law Against Discrimination (NJLAD), which prohibits discrimination based on gender identity. While the consent order’s application is limited to the complainant in that particular matter, it nonetheless signals a significant shift toward gender-neutral standards for dress codes in the workplace throughout the State. Accordingly, employers should review and, if necessary, update their dress code policies to gender neutral for both customers and employees to avoid future charges of discrimination. |
