SENATE LABOR COMMITTEE
STATEMENT TO
SENATE, No. 2136
with committee amendments
STATE OF NEW JERSEY
DATED: May 11, 2026
The Senate Labor Committee reports favorably and with committee amendments Senate Bill No. 2136.
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. 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. An employer is not liable for the continued display of a posting or advertisement by a third-party job posting company that was not created, controlled, or requested by the employer.
If the posting is for a position which is not vacant, the employer or third-party job posting company 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 will expire after 120 days and be removed.
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.
If the posting is for a position which is not vacant and is advertised by a temporary help service firm or consulting firm, the firm is required to include a disclaimer that it is accepting applications for an anticipated vacancy. The posting and disclaimer will expire after 120 days and be removed.
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. A violation is assessed on a per job posting basis and will not be multiplied based on the number of platforms, websites, or third-party job posting companies on which the same job posting appears. Following a warning from the department, each month that a job advertisement is posted in violation will be considered a separate 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) provide that if the posting is for a position which is not vacant and is advertised by a temporary help service firm or consulting firm, the firm is required to include a disclaimer that the temporary help service firm or consulting firm is accepting applications for an anticipated vacancy. The posting and disclaimer will expire after 120 days and be removed;
(6) clarify that an employer is required to remove any posting or advertisement for an existing vacancy created, controlled, or requested by the employer and 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 and that an employer is not liable for the continued display of a posting or advertisement by a third-party job posting company that was not created, controlled, or requested by the employer;
(7) remove the definition of interview and provisions requiring an employer to provide an applicant with a response regarding the availability of the position if the employer interviewed the applicant;
(8) provide 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;
(9) clarify certain violations of the bill by providing that violations are assessed on a per job posting basis and not multiplied by the number of platforms, websites, or third-party job posting companies on which the same job posting appears and extending the time a violation constitutes a separate violation from one week to one month;
(10) define “employer” as 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;
(11) define “third-party job posting entity” as 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;
(12) include a findings and declarations section; and
(13) change the effective date so that the bill will take effect on the first day of the 13th month following enactment.