Employers should take notice of the poster that small New Jersey employers are required to display as mandated in the New Jersey Conscientious Employee Protection Act (CEPA).
Under the CEPA, employers with ten or more employees must distribute notice of the CEPA law once a year to their employees. Employers should post the most recent whistleblower poster in an area that is visible and accessible for employees.
New Jersey’s Department of Labor and Workforce Development requires employers to display several posters for employees to be able to read and review. The posters range from information on wage and hour law, child labor law and family leave insurance. CEPA, also known as the “Whistleblower Act,” was designed to provide broad protections against employer retaliation for employees acting within the public interest and blow the whistle on illegal or unethical activity committed by their employers or co-employees.
CEPA states that New Jersey law prohibits an employer from taking any retaliatory action against an employee because the employee:
a) Discloses or threatens to disclose to a supervisor or public body conduct that the employee believes violates a law, rule or regulation promulgated pursuant to law;
b) Provides information to or testifies before public bodies regarding such conduct;
c) Objects or refuses to participate in an activity, policy or practice the employee reasonably believes violates a law, rule, regulation or public policy, or is fraudulent or criminal.
As a result of the requirement, all employers with ten or more employees should immediately acquire and post the newest whistleblower poster in an area that is visible and accessible to employees. Additionally, employers should provide employees with an annual notice, either via e-mail or in some handwritten form. It is also advisable to have employees complete acknowledgement forms to provide proof the employee has read and understood the notice it has received.
© 2011 Nissenbaum Law Group, LLC