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Employers that have not already established a pre-tax commuter benefit plan should do so as soon as possible, say attorneys at Connell Foley.

That’s because early next year, employers with 20 or more employees are going to have to offer pre-tax commuter benefits to all employees working in New Jersey under the New Jersey Transit Benefits Law.

“The commuter benefit can be structured as an employee-funded tax-free payroll deduction or as an employer-funded benefit, or the costs can be shared by employer and employee,” according to a blog post written by attorneys Michael A. ShadiackJason E. MarxMichael AffruntiScott P. Humphreys.

Connell Foley runs NJBIA’s Employment Law Resource affinity program.

An employer may consider the NJ Transit Bulk Sales program or utilizing the services of a third-party vendor that offers a pre-tax commuter benefit program, they said.

Employers that fail to offer such benefits will face penalties of 100 to $250 for a first violation.

The law takes effect March 1 or once the New Jersey Commissioner of Labor and Workplace Development promulgates regulations.

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