Immunizes employers from civil liability for certain disclosures regarding employees and former employees.

A4414

ASSEMBLY, No. 4414

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblyman� JAY WEBBER

District 26 (Morris and Passaic)

SYNOPSIS

���� Immunizes employers from civil liability for certain
disclosures regarding employees and former employees.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

granting immunity to employers in certain circumstances and supplementing Title
34 of the Revised Statutes.

����
Be It Enacted

by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� As used in this act:

���� "Commissioner" means
the Commissioner of Labor and Workforce Development.

���� "Employee" means an
individual who performs services for, and under the control and direction of,
an employer for wages or other remuneration.

���� "Employer" means: an
individual, partnership, association, corporation or other person who engages
the services of an employee and who pays the employee wages or other
compensation; an agent of the employer; or a person or business entity having a
contractual agreement with the employer to obtain, maintain or otherwise manage
personal data concerning the employer's employees.� The term
"employer" shall apply to private employers but not to the State, its
political subdivisions and any boards, commissions, schools, institutions or
authorities created by the State or its political subdivisions.

���� "Personnel file"
means the information regarding an employee kept by or for an employer,
including, but not limited to, formal evaluations, reports regarding the
employee's character, work and credit history, and documents or other
information relevant to the employee's pay, benefits, work qualifications,
hiring, promotion, changes in compensation, transfer, termination or other
discipline, but excluding personal information regarding the planning of future
employer operations referring to more than one employee and letters of
reference for which the employee has given written consent to be kept
confidential.

���� 2.��� a.�� Notwithstanding the
provisions of P.L.2001, c.326 (C.34:15-128.3 et seq.), or any other law to the
contrary, an employer acting in good faith shall not be held liable for
providing to a prospective employer or someone authorized by that employer,
information about an employee contained within the employee's personnel file,
including but not limited to the employee's name, title, compensation, period
of employment and the reason for, or circumstances of, any separation of the
individual from employment; information regarding the qualifications or job
description of the position which the employee holds or held; information
regarding the employee's attendance; and information regarding workplace
accidents which involved the employee.

���� b.��� An employer acting in
good faith shall not be held liable for providing information about an employee
contained in the employee's personnel file if requested or required by a
federal, State or industry regulatory authority, or if the information is disclosed
in a report, filing or other document required by law, rule, order or
regulation of the regulatory authority.

���� c.���� An employer who
discloses information pursuant to the provisions of subsections a. or b.� of
this section shall be presumed to be acting in good faith unless it is shown by
clear and convincing evidence that the employer acted with actual malice toward
the employee or former employee.

���� 3.��� This act shall take
effect immediately.

STATEMENT

���� In an effort to create a safer
and more efficient workplace, this bill exempts an employer from civil
liability when the employer, in good faith, discloses certain information about
the employee to a prospective employer, including:

���� 1.��� the employee's name,
title, compensation, period of employment and reason for, or circumstances of,
separation of the individual from employment;

���� 2.��� information regarding
the qualifications or job description of the position which the employee holds
or held;

���� 3.��� information regarding
the employee's attendance; and

���� 4.��� information regarding
workplace accidents which involved the employee.

���� The immunity also applies if
the information is requested or required by a federal, State or industry
regulatory authority.� Employers who disclose such information shall be
presumed to be acting in good faith unless it is shown by clear and convincing
evidence that the employer acted with actual malice.�