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S2136 SLA Statement 5/11/26
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, t
his 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.