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New Jersey Issues Reporting Instructions and Forms for the Equal Pay Act

2018-09-11

Pay data reporting period and other instructions similar to current and previously proposed EEO-1 filing

The New Jersey Diane B. Allen Equal Pay Act has issued instructions to assist contractors complete the following two forms:

  1. Payroll Certification for Public Work Projects and Annual Equal Pay Report (Form MW-352), and
  2. Annual Equal Pay Report for Qualifying Services (Form MW-353).
The Act went into effect on July 1, 2018 and requires pay data reporting by employers who provide services to agencies in New Jersey or who perform construction work on state public works projects. This includes companies that are outside of New Jersey but provide work to the state.

The pay data includes: gender, race, job title, ethnicity, occupational and job category (EEO-1), and total compensation.  The report must be filed annually by March 31 for the preceding year, using employment figures from any pay period in October through December.  Contractors report on each employee’s annual earnings from the W-2 form, box 1 and data is provided in twelve pay bands.  For non-exempt employees, contractors must report the actual number of hours worked by each employee.  For exempt employees contractors may report actual hours worked, if tracked, or proxy numbers of 40 hours for full-time employees and 20 hours per week for part-time employees.

If an employee refuses to voluntarily self-identify sex, race or ethnicity, the contractor must use employment records or observer identification to provide the data.  The state does allow a “non-binary category” regarding sex (gender). 
So far there has been no communication as to how the Division of Civil Rights will use the reported pay data; however, the data will be available, upon request, to “anyone who is or was an employee of an employer during the period of any of the contracts between the employer and any public body, or [to] any authorized representative of the employee.”  

The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the government. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.