A1161

An Act concerning job postings 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 who publicly advertises a job posting shall include in the posting:

(1) a statement disclosing whether the posting is for an existing vacancy or not, and if the posting is for an existing vacancy, an estimated timeframe of when the position will be filled; and

(2) any other information relating to the position as deemed appropriate by the Commissioner of Labor and Workforce Development.

b. (1) When a position for which an employer has publicly advertised has been filled, the employer shall remove any posting or advertisement made by the employer within two weeks of the position having been filled. If the employer is aware or should reasonably be aware that a third-party job posting entity posted the position independently of the employer, the employer shall notify the third-party entity that the position has been filled.

(2) If a third-party job posting entity knows or has reason to know that a post for a particular position has been filled or has otherwise expired, the third-party job posting entity shall remove the post within two weeks of the date it knows or has reason to know of the position being filled.

c. If an employer interviews an applicant for a publicly advertised job posting, the employer shall, within the timeframe provided in the job advertisement, provide the applicant with an affirmative response as to whether the position has been filled, or if the position has not been filled, whether the employer is still considering the applicant for the position. If the employer notifies the applicant that the applicant is still in consideration for the position, the employer shall provide the applicant with an estimated timeframe of when the employer will make a final decision as to the position.

d. The Department of Labor and Workforce Development shall have the authority to conduct audits of employer and third-party job posting entity practices to determine ongoing violations of this act. Any person aggrieved by a violation of this act may report the violation to the department.

e. Any person violating any of the provisions of this act shall:

(1) receive a warning from the Commissioner of Labor and Workforce Development, in a manner and form as prescribed by the commissioner, to rectify the violation within seven business days; and

(2) if the person does not rectify the violation within seven business days be liable to a penalty of not less than $1,000 nor more than $5,000 to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Following the warning in paragraph (1) of this subsection, each month that a job advertisement is posted in violation of this act shall constitute a separate and distinct violation, except during the time an appeal from the summary proceeding may be taken or is pending.

f. The commissioner shall adopt and promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to effectuate the purposes of this act.

g. As used in this act:

“Employer” means a person engaged in business in the State, including the State and any political subdivision or other instrumentality of the State, who employs more than 10 employees.

“Third-party job posting entity” means a person or entity that is not the employer for which a job is posted that posts multiple job vacancies or listings on behalf of employers or independently of employers for job seekers to search and apply to job postings on one platform.

2. This act shall take effect immediately.

STATEMENT

This bill requires an employer to remove a job posting when a position has been filled and include, within any posting for a publicly advertised job, information concerning whether the posting is for an existing position. The bill defines employer to mean a person engaged in business in the State, including the State and any political subdivision or other instrumentality of the State, who employs more than 10 employees.

The bill provides that prior to a person being fined for a violation of the bill, the person will receive a warning from the Commissioner of Labor and Workforce Development, in a manner and form as prescribed by the commissioner, to rectify the violation within seven business days.

Under the bill, an employer is required to provide a timeframe in the job posting as to when the position is anticipated to be filled. If the employer interviews an applicant for the position, the employer is required, within the timeframe provided in the job advertisement, to provide the applicant with an affirmative response as to whether the position has been filled, or if the position has not been filled, whether the employer is still considering the applicant for the position.

The bill also requires third-party job posting entities to remove positions that have been filled, and it provides the Department of Labor and Workforce Development with the authority to audit employers and third-party job posting entities for ongoing violations. Any person who violates the provisions of the bill will be subject to civil penalties.