S 2136 New Jersey Senate · 2026-2027 Regular Session

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

S 2136 requires New Jersey employers and third-party job posting platforms to include clear disclosures in all public job ads. Specifically, they must state whether a position is for an existing vacancy (with an estimated fill timeframe) or not (using a disclaimer that expires after 90 days and requires prior posting history). The bill mandates removing filled positions within 30 days of original posting or two weeks after hiring, whichever comes later, and requires employers to notify applicants within the ad’s stated timeframe about application status. Violations incur civil penalties up to $600 per offense, with the Department of Labor empowered to conduct compliance audits.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 13, 2026 Last action May 11, 2026
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What changed between versions

Introduced Reprint · 12 edits
MAJOR
The Senate Labor Committee substantially amended this job posting transparency bill, adding legislative findings on ghost jobs, narrowing the scope to employers with more than 10 employees, removing the interview response requirement, extending key time periods (lookback from 12 to 18 months, expiration from 90 to 120 days), adding a warning-and-cure period before penalties apply, and changing the effective date from immediate to approximately one year after enactment. The changes make the bill significantly more employer-friendly while maintaining core transparency requirements.
Scope change
The bill's scope was narrowed in multiple ways: it now only applies to employers with more than 10 employees, it no longer requires interview feedback to applicants, it adds a cure period before penalties, and it limits penalty multiplication across platforms. The effective date was also delayed by approximately one year.
SCOPE

New definition of 'Employer' limits the act's applicability to persons engaged in business in New Jersey who employ more than 10 employees, exempting small employers.

New legislative findings section (Section 1) citing Greenhouse data that 18-22% of jobs advertised in 2024 were never filled, and clarifying the act does not prohibit recruitment with appropriate disclosures or hold employers liable for third-party companies acting outside their control.

DEFINITION

New definition of 'Third-party job posting company' as an entity that posts multiple job vacancies on one platform on behalf of employers or independently for job seekers.

REQUIREMENT

New requirement that seasonal job postings must include a statement disclosing the anticipated employment season or period and a disclaimer that the position is seasonal in nature.

New provision requiring temporary help service firms or consulting firms registered with the Division of Consumer Affairs to include a disclaimer that they are accepting applications for an anticipated vacancy, with a 120-day expiration.

The requirement that employers provide interviewed applicants with an affirmative response about whether the position has been filled or whether they are still being considered was entirely removed, along with the definition of 'interview.'

The provision allowing the Commissioner to require 'any other information relating to the position as deemed appropriate' was removed and replaced with the specific seasonal and temp-firm disclosure requirements.

ELIGIBILITY

The lookback period for demonstrating a pattern of listing the same position changed from 12 months to 18 months, and the hiring threshold for similar roles was reduced from six employees to four.

TIMELINE

The expiration period for non-vacancy postings and disclaimers was extended from 90 days to 120 days.

Effective date changed from immediate to the first day of the 13th month next following enactment, providing approximately one year for compliance.

ENFORCEMENT

Penalties now require a warning from the Commissioner with a seven-business-day cure period before any penalty applies. Separate violations are assessed per month (not per week) after the cure period, and are not multiplied based on the number of platforms or websites where the same posting appears.

Employers are now explicitly not liable for continued display of a posting by a third-party company that was not created, controlled, or requested by the employer. The notification obligation to third-party companies was softened to 'make reasonable efforts' using publicly available contact information or existing business relationships.

Floor votes

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Full legislative history

Actions timeline

Total actions
3
Key actions
0
Committee
1
May 11, 2026
Committee
Referred to Senate Budget and Appropriations Committee
upper
Jan 13, 2026
Introduced
Introduced in the Senate, Referred to Senate Labor Committee
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Paul Moriarty
Paul Moriarty
DDemocratic
NJ
4