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NJ EMPLOYERS MAY NO LONGER PUBLISH
JOB ADS EXCLUDING UNEMPLOYED APPLICANTS
New Jersey has enacted a new law, effective June 1, which prohibits employers from publishing, either in print or on the internet, job listings that exclude unemployed people.
The measure, N.J.S.A. 34:8B-1 to 2, prohibits an employer from publishing a job listing that:
- Requires current employment as a job qualification,
- Contains a provision that states that unemployed applicants will not be considered, or
- Contains a provision that only currently employed candidates will be considered.
The new law still allows an employer to publish a job listing that requires any other job qualification, such as a current, valid, professional or occupational license or credential, or a minimum level of education, training or experience. In addition, employers are still permitted to publish job listings that state that only applicants currently employed by the employer will be considered.
Importantly, the law does not provide for a private right of action by any aggrieved individual. Rather, it will be monitored and enforced by New Jersey's Department of Labor and Workforce Development. Therefore, employers will not be faced with costly or frivolous litigation regarding the language of their job postings. However, the penalties for violating the new law are steep. Violators will be subject to a civil penalty up to $1,000 for the first offense, up to $5,000 for the second, and up to $10,000 for each subsequent offense.
If you have any questions regarding how this decision will affect your business or are unsure if your job listing violates this statute contact Katherin Nukk-Freeman (knukk@nfclegal.com) or the Nukk-Freeman & Cerra attorney with whom you normally work.
Any tax advice included in this written or electronic communication was not intended or written to be used, and it cannot be used by the taxpayer, for the purpose of avoiding any penalties that may be imposed on the taxpayer by any governmental taxing authority or agency.
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