New Jersey’s Conscientious Employee Protection Act Is Amended To Include A New Notice Obligation On Employers

On September 14, 2004, Governor James E. McGreevey signed legislation that requires New Jersey employers to annually advise their employees of their rights under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 et seq. The Act also requires enhanced posting by employers.

Prior to the amendment, CEPA required an employer to "conspicuously display notices of its employees’ protections and obligations." The amendment requires New Jersey employers employing 10 or more people to distribute, an annual written or electronic notice to all New Jersey employees setting forth the employees’ "protections, obligations, rights and procedures" under CEPA. The amendment also requires that the posting and annual notice be set forth in English, Spanish, and, at the employer’s discretion, any other language spoken by a majority of employees.

Morgan Lewis attorneys can help your company develop notices, both for posting and for distribution, that satisfy CEPA’s new requirements. Attorneys in our Labor and Employment Practice have extensive experience in advising employers with respect to compliance with state and federal anti-discrimination and whistleblower laws.