Requires employers to include in job posting whether posting is for existing position and sets additional job posting requirements.
What changed between versions
New definition of 'Employer' limits the act's applicability to persons engaged in business in New Jersey who employ more than 10 employees, exempting small employers.
New legislative findings section (Section 1) citing Greenhouse data that 18-22% of jobs advertised in 2024 were never filled, and clarifying the act does not prohibit recruitment with appropriate disclosures or hold employers liable for third-party companies acting outside their control.
New definition of 'Third-party job posting company' as an entity that posts multiple job vacancies on one platform on behalf of employers or independently for job seekers.
New requirement that seasonal job postings must include a statement disclosing the anticipated employment season or period and a disclaimer that the position is seasonal in nature.
New provision requiring temporary help service firms or consulting firms registered with the Division of Consumer Affairs to include a disclaimer that they are accepting applications for an anticipated vacancy, with a 120-day expiration.
The requirement that employers provide interviewed applicants with an affirmative response about whether the position has been filled or whether they are still being considered was entirely removed, along with the definition of 'interview.'
The provision allowing the Commissioner to require 'any other information relating to the position as deemed appropriate' was removed and replaced with the specific seasonal and temp-firm disclosure requirements.
The lookback period for demonstrating a pattern of listing the same position changed from 12 months to 18 months, and the hiring threshold for similar roles was reduced from six employees to four.
The expiration period for non-vacancy postings and disclaimers was extended from 90 days to 120 days.
Effective date changed from immediate to the first day of the 13th month next following enactment, providing approximately one year for compliance.
Penalties now require a warning from the Commissioner with a seven-business-day cure period before any penalty applies. Separate violations are assessed per month (not per week) after the cure period, and are not multiplied based on the number of platforms or websites where the same posting appears.
Employers are now explicitly not liable for continued display of a posting by a third-party company that was not created, controlled, or requested by the employer. The notification obligation to third-party companies was softened to 'make reasonable efforts' using publicly available contact information or existing business relationships.