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Bill > S2136


NJ S2136

NJ S2136
Requires employers to include in job posting whether posting is for existing position and sets additional job posting requirements.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill requires an employer 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 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 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 there is no existing vacancy. Such a posting and disclaimer is not allowed unless the employer has, in the preceding 12 months, listed the same position at least three times or hired not less than six employees for similar roles. The posting and disclaimer shall expire after 90 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.

AI Summary

This bill requires employers and third-party job posting companies to provide specific information in job advertisements, including whether the position is an existing vacancy and, if so, an estimated timeframe for filling it. If a posting is not for an existing vacancy, a disclaimer is required, but this is only allowed if the employer has recently advertised or hired for similar roles, and the posting must expire after 90 days. Employers must remove job postings within two weeks of filling a position or 30 days after the original posting, whichever is later, and notify any third-party companies that also posted the job. If an employer interviews a candidate for an existing vacancy, they must provide an update on the position's status within the timeframe stated in the advertisement. The Department of Labor and Workforce Development is authorized to audit for violations, and penalties will be imposed for non-compliance.

Committee Categories

Labor and Employment

Sponsors (1)

Last Action

Senate Labor Hearing (11:00:00 2/5/2026 Committee Room 6, 1st Floor, State House Annex, Trenton, NJ) (on 02/05/2026)

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