2022 Employer Updates
This is a reminder to update your Labor Law Posters (because notice requirements frequently change, an old or outdated poster may not provide adequate notice). You can purchase the New Jersey poster here or visit Labor Law Center for other states. As an employer, there are various required notices that must be posted in the workplace. These Posters usually meet the federal and state requirements and are required to be posted in a conspicuous place.
Vaccine Mandates:
Philadelphia - Starting Monday, January 3, 2022, the Philadelphia Vaccine Mandate for establishments that sell food and/or drink for consumption onsite may admit only those people who have completed their vaccine series against COVID-19. As a general rule, starting January 3, 2022, proof of vaccination is required to enter into many Philadelphia establishments (there is a 2 week period, where one can show a negative test result (less than 24 hours old). For more information, click here.
OSHA mandate for employers with over 100 employees. OSHA has announced that it will not issue citations for non-compliance with any requirements of the ETS before January 10, 2022 and will not issue citations for non-compliance with the standard’s testing requirements before February 9, 2022, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.
This OSHA mandate has been appealed to the US Supreme Court (along with the Medicare/Medicaid Vaccine Mandate). Oral argument is scheduled for January 6, 2022.
NJ Minimum Wage, Notice, and Pension Requirements:
Effective January 1, 2022, the NJ Minimum Wage increases to $13 per hour.
In addition, in NJ, employers are also required to annually give employees (this can be e-mailed):
- A copy of the Conscientious Employee Protection Act Notice; and
- A copy of the Gender-Equality Notice (only if you have at least 50 employees).
You can get free copies of these 2 notices (and other NJ Notices) at here.
At the time of hiring, NJ employers need to give new employees (again, this can be e-mailed, but make them sign the Employee Handbook acknowledgment page (if you have one)):
- Your Employee Handbook (if you have one);
- A copy of the NJ's Paid Sick Leave Law Notice (I have a one-page version if you need it);
- A copy of the Conscientious Employee Protection Act Notice; and
- A copy of the Gender-Equality Notice (only if you have at least 50 employees).
- Information package on NJ Secure Choice
Many NJ Employers who do not offer their employees a retirement program (such as a 401(k)) are required to do so under the NJ Secure Choice Law starting March 28, 2022 (originally March 28, 2021 but delayed due to Covid-19). NJ Secure Choice applies to for-profit and non-profit employers in the public sector who have:
- 25 or more employees
- Been in business for at least two years
- Not offered a qualified retirement savings program in the past two years
Businesses with fewer than 25 employees may also participate in NJ Secure Choice, but are not required to do so.
Applicable employers are required to automatically enroll their employees into a state-wide IRA type pension system via payroll deductions at a 3% contribution rate, unless the employee opts out. There is no matching contribution rate from the Employer. Most payroll services have information on how to comply with this mandate.
NJ businesses that don’t comply with this retirement mandate face the following penalties:
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1st year: Written Warning
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2nd year: $100 per employee
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3rd and 4th years: $250 per employee
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5th year and beyond: $500 per employee
