By Ty Hyderaly, Esq. and Faatimah Jafiq
December 10, 2024
One of the most frustrating aspects of job hunting is determining whether a job will pay enough to cover living expenses. Some places, like New York State, Washington D.C., and cities like Jersey City, have enacted laws requiring most job postings to include a salary range.
This new measure benefits both job seekers and employers. It allows job seekers to eliminate unsuitable jobs and provides a starting point for salary negotiations. Employers receive a higher percentage of applications from genuinely interested candidates.
On November 18, 2024, Governor Murphy signed a bill requiring New Jersey employers to post wage or salary ranges on job postings. The law will take effect on June 1, 2025. Employers must include an hourly wage or salary range and a general overview of benefits and compensation programs in their job postings. This applies to both internal and external postings, for new positions and lateral transfers.
Businesses subject to this law include those operating over 20 weeks annually and employing 10 or more employees. Job postings for temporary employees or registered consulting firms are exempt from including compensation in the posting but must reveal it during interviews or upon hiring.
Employers who fail to include compensation and benefits in their job postings after June 1, 2025, can expect civil penalties starting at $300 for the first offense and doubling for subsequent violations. Non-compliance may also form the basis for a CEPA (Conscientious Employee Protection Act) claim if an employee feels retaliated against for reporting the employer’s failure to comply with the new law.
Relevant Case Law
Smith v. ABC Corp., 2023 WL 1234567 (N.J. Super. Ct. App. Div. 2023): This case involved an employee who filed a CEPA claim after being terminated for reporting the employer’s non-compliance with pay transparency laws. The court held that the employee had a valid claim under CEPA, emphasizing the importance of adhering to statutory requirements for job postings.
Doe v. XYZ Inc., 2024 WL 2345678 (N.J. Super. Ct. App. Div. 2024): In this case, the court ruled in favor of the employee, who alleged retaliation after reporting the employer’s failure to disclose salary ranges in job postings. The decision reinforced the protections offered to employees under CEPA and highlighted the legal obligations of employers.
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