Sponsored by:
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
Assemblywoman SHAVONDA E. SUMTER
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblywomen Jaffer and Reynolds-Jackson
SYNOPSIS
Requires transparency concerning compensation with promotional opportunities and in employment listings.
CURRENT VERSION OF TEXT
As reported by the Assembly Consumer Affairs Committee on December 11, 2023, with amendments.
An Act concerning transparency in employment listings and supplementing Title 34 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. An employer shall make reasonable efforts to announce, post, or otherwise make known 1[all]1 opportunities for promotion 1that are advertised internally within the employer or externally on internet-based advertisements, postings, printed flyers, or other similar advertisements1 to all current employees 1[on the same calendar day and] in the affected department or departments of the employer’s business1 prior to making a promotion decision. 1Any promotion for a current employee that is awarded on the basis of years of experience or performance shall not be subject to the notification requirements established in this subsection.1 Each failure to announce, post, or otherwise make known one [promotional] opportunity 1for promotion as defined in this section1 shall constitute a separate violation of this subsection. 1Nothing in this subsection shall be construed to prohibit an employer from making a promotion on an emergent basis due to an unforeseen event.1
b. An employer shall disclose in each posting 1[for each job opening] for promotions, new jobs, and transfer opportunities that are advertised by the employer either externally or internally1 the hourly wage or salary, or a range of the 1[compensation] hourly wage or salary1, and a 1[general description] listing1 of 1[all of the]1 benefits and other compensation 1[to be offered to the hired applicant] programs for which the employee would be eligible within the employee’s first 12 months of employment1. Each failure to include the information required in this subsection in a particular job posting shall constitute a separate violation of this subsection. 1Nothing in this subsection shall be construed to prohibit an employer from increasing the wages, benefits, and compensation identified in the job posting at the time of making an offer for employment to an applicant.1
c. Any employer who violates this act shall be subject to a civil penalty in an amount not to exceed $1,000 for the first violation, $5,000 for the second violation and $10,000 for each subsequent violation, collectible by the Commissioner of Labor and Workforce Development in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
d. 1[Upon a violation of any provision of this act, an aggrieved person may, in addition to any other available remedy, institute civil action in a court of competent jurisdiction, within one year from the date of the alleged violation, for relief as follows:
(1) injunctive relief as it deems appropriate;
(2) compensatory damages incurred as a result of the violation; and
(3) reasonable attorneys' fees and court costs.]
(1) Temporary help service firms and consulting firms registered with the Division of Consumer Affairs in the Department of Law and Public Safety shall not be required to provide, on job postings that are posted for the purpose of identifying qualified applicants for potential future job openings and not for existing job openings:
(a) the hourly wage or salary, or range of hourly wage or salary; or
(b) a listing of benefits and other compensation programs for which the employee would be eligible within the employee’s first 12 months of employment.
(2) Temporary help service firms or consulting firms shall be required to provide the pay and benefit information listed in paragraph (1) of this subsection to an applicant for temporary employment at the time of interview or hire for a specific job opening.1
e. As used in this act1[, “employer”]:
“Employer”1 means any person, company, corporation, firm, labor organization, or association which has 1[five] 101 or more employees over 20 calendar weeks and does business, employs persons, or takes applications for employment within this State, including the State, any county or municipality, or any instrumentality thereof. The term shall include job placement and referral agencies and other employment agencies.
1“Promotion” means a change in job title and an increase in compensation.1
2. This act shall take effect on the first day of the seventh month next following the date of enactment.