P.L. 2024, CHAPTER 91 was passed last November but went into effect June 1, 2025. It provides new hurdles for employers, especially those advertising open positions. Who does the law apply to? Interestingly, government employers are not exempt. In the private sector, any organization which has 10 or more employees over twenty or more calendar weeks AND does business, employs persons, or takes applications for employment in the state is subject to these new requirements. Companies outside the state are subject if they have one employee who works in New Jersey, regularly contract with or sell products or services to New Jersey customers, or take job applications from New Jersey residents.
What is required?
For employers subject to the provisions of this law, in every job posting there must be stated: an hourly wage or salary or a range [1] for them; a general description of benefits offered; and any other compensation programs for which the employee would be eligible.
The provisions don’t end with new hires. Employers must notify all employees of promotion opportunities. Exempt from this requirement are promotions based on years of experience.
Failure to comply with this law can result in a fine of up to $300 for the first violation and up to $600 for each subsequent violation thereafter.
The Department of Labor and Workforce Development ( NJ DOL) allows employees who feel this law has been violated to file a complaint by mail or on an online portal. If a complaint warrants an investigation by the NJ DOL and that investigation determines that a violation has occurred, the NJ DOL may notify the employer of the violation and assess an appropriate penalty. The employer will be given the opportunity to contest the assessment.
[1] The range must have a specific starting and ending amount.
Contributed by Lois S. Fried, CPA, CFE, CVA, ABV
