NJ S2136

Employers must disclose in job postings whether the position is an existing vacancy, and if so, provide an estimated timeframe for filling it; postings for non-existent vacancies require a disclaimer and are only permitted if the employer has listed the same position at least three times or hired six or more employees for similar roles in the past 12 months.

Job postings for non-existent vacancies must be removed after 90 days, while filled positions must have their postings removed within two weeks of being filled or 30 days after the original posting, whichever is later.

Employers who interview applicants for existing vacancies must notify them within the advertised timeframe whether the position has been filled or if they remain under consideration, including an estimated decision timeline.

Third-party job posting companies must remove postings when they know or should know a position has been filled, and employers must notify third-party companies when positions are filled.

Violations carry civil penalties of up to $300 for a first offense and $600 for subsequent offenses, with each week a non-compliant posting remains active constituting a separate violation; the Department of Labor may conduct audits to enforce compliance.