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A1161 1R
[First Reprint]
ASSEMBLY, No. 1161
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
SYNOPSIS
���� Requires employers to include in job posting whether
posting is for existing position and sets additional job posting requirements.
CURRENT VERSION OF TEXT
���� As reported by the Assembly Labor Committee on March
16, 2026, with amendments.
��
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
1
or
third-party job posting company
1
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
1
, or, if the posting is
not for an existing vacancy, a disclaimer that the employer is accepting
applications for an anticipated vacancy, provided that the posting and
disclaimer shall not be permitted unless the employer has, within the preceding
18 months, listed the same position not less than three times or hired not less
than four employees for similar roles, and provided further that the posting
and disclaimer shall expire after 120 days and the posting shall be removed,
except as provided in paragraph (2) of this subsection
1
;
1
[
and
]
or
1
(2)
1
[
any other
information relating to the position as deemed appropriate by the Commissioner
of Labor and Workforce Development
]
if the posting is for a seasonal position, a statement disclosing the
anticipated employment season or period of employment and a disclaimer that the
position is seasonal in nature
1
.
b.
1
For
job postings that are for existing job vacancies, employers and third-party job
posting companies shall comply with the following requirements:
1
���� (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
1
or
within 30 days of the original posting, whichever is later
1
.
If the employer is aware or should reasonably be aware that a third-party job
posting
1
[
entity
]
company
1
posted
the position independently of the employer, the employer shall
1
make
reasonable efforts to
1
notify the third-party
1
[
entity
]
company,
using publicly available contact information or through an existing business
relationship,
1
that the position has been filled.
(2) If a third-party job posting
1
[
entity
]
company
1
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
1
[
entity
]
company
1
shall
remove the post within two weeks of the date it knows or has reason to know of
the position being filled
1
or
within 30 days of the original posting, whichever is later
1
.
c. If an employer
1
[
interviews
]
conducts
an interview with
1
an applicant for a publicly advertised job posting
1
for
an existing job vacancy
1
,
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
1
[
entity
]
company
1
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
1
[
person
]
employer
or third-party job posting company
1
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
1
[
less
]
more
1
than
1
[
$1,000 nor
]
$300
for
a first offense, and not
1
more than
1
[
$5,000
]
$600 for a
subsequent offense,
1
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.
1
For
the purposes of this section, a position shall be regarded as filled on the
first day that a selected candidate begins the performance of job duties under
the terms of employment.
����
h.
1
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.
����
1
�Interview�
means 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, provided that �interview� does not include preliminary
screenings or assessments of information about a job applicant, including
information submitted by the applicant, which is conducted by human resources
personnel or other representatives of the employer solely to verify basic
qualifications or interest in the position or to determine whether to interview
the applicant.
1
�Third-party job posting
1
[
entity
]
company
1
� 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.