As noted in our past client alerts, whenever this notice is distributed to an employee, the employer must include an acknowledgment that the employee has received it, and has read and understood its terms. The acknowledgment must be signed by the employee, in writing or by means of electronic verification, and returned to the employer within 30 days of receipt. A few days ago, the Department issued acknowledgment forms in English and Spanish, and included those forms with the pay equity notices on the Department’s website. Neither the statute nor the final rules (which take effect today) reference issuance of these acknowledgment forms and the Department has not indicated that employers must use the exact acknowledgment forms posted on its website. Nevertheless, the forms issued by the Department are an indication of what the Department considers to be a compliant acknowledgment. Thus, if employers choose to create their own forms, it is advisable to include the substance of the forms issued by the Department.
If you have any questions or concerns regarding the notice or acknowledgment requirements, please contact your Proskauer lawyer.