ASSEMBLY LABOR COMMITTEE
STATEMENT TO
ASSEMBLY, No. 1161
with committee amendments
STATE OF NEW JERSEY
DATED: MARCH 16, 2026
The Assembly Labor Committee reports favorably and with committee amendments Assembly Bill No. 1161.
As amended, this bill requires an employer or a third-party job posting company to include in any posting for a publicly advertised job, information concerning whether the posting is for an existing, vacant position, and remove a job posting when a position has been filled within two weeks after the position being filled or 30 days after the original posting, whichever is later.
If the posting is for a position which is vacant, the employer or third-party job posting company is required to provide an estimated timeframe of when the position will 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 employer is required to make reasonable efforts to give notice that the position has been filled to any third-party job posting company that also posted the vacant position.
If the posting is for a position which is not vacant, the employer is required to include a disclaimer that the employer is accepting applications for an anticipated vacancy. Such a posting and disclaimer is not allowed unless the employer has, in the preceding 18 months, listed the same position at least three times or hired not less than four employees for similar roles. The posting and disclaimer shall expire after 120 days and be removed.
If the posting is for a seasonal position, the employer or third-party job posting company is required to include a statement disclosing the anticipated employment season or period of employment and a disclaimer that the position is seasonal in nature.
The bill also requires third-party job posting companies to remove postings for positions that have been filled, and provides the Department of Labor and Workforce Development with the authority to audit employers and third-party job posting companies for ongoing violations. Any person who violates the provisions of the bill will be subject to civil penalties.
A person who violates the bill’s provisions will be subject to a warning from the Commissioner of Labor and Workforce Development and provided seven business days to rectify the violation. If the violation is not rectified, a person will be liable to a penalty of not more than $300 for a first offense and not more than $600 for a subsequent offense. For the purposes of the bill, each month that a job advertisement is posted in violation will be considered a separate and distinct violation, with certain exceptions.
This bill was prefiled for introduction in the 2026-2027 session pending technical review. As reported, the bill includes the changes required by technical review, which has been performed.
COMMITTEE AMENDMENTS:
The committee amended the bill to:
(1) clarify that if the posting is for a position which is not vacant, the employer is required to include a disclaimer that the employer is accepting applications for an anticipated vacancy;
(2) provide that the posting for a position which is not vacant and the associated disclaimer is not allowed unless the employer has, in the preceding 18 months, listed the same position at least three times or hired not less than four employees for similar roles;
(3) provide that if the posting is for a seasonal position, the employer is required to include a statement disclosing the anticipated employment season or period of employment and a disclaimer that the position is seasonal in nature;
(4) remove language requiring the employer to provide any other information relating to the position as deemed appropriate by the Commissioner of Labor and Workforce Development;
(5) clarify that an employer is required to make reasonable efforts to notify a third-party job posting company, using publicly available contact information or through an existing business relationship, that a position has been filled;
(6) provide that a position is to be regarded as filled on the first day that a selected candidate begins the performance of job duties under the terms of employment;
(7) define “interview” to mean a formal or informal meeting or conversation between an employer or representative of the employer and a job applicant that is conducted with the intention of assessing the candidate’s qualifications, skill, or suitability for a specific position, with certain exceptions;
(8) provide that a violation of the bill is subject to a penalty of not more than $300 for a first offense and not more than $600 for a subsequent offense. As introduced the penalties were less than $1,000 for a first offense and less than $5,000 for a subsequent offense; and
(9) make clarifying and technical changes.