On June 1, 2025, New Jersey’s Pay Benefits and Transparency Act (NJPBTA) went into effect, adding New Jersey to an ever-growing number of states requiring employers to include salary ranges and benefits in all job postings. With the law now in effect for a little over a month, it is a great time for employers to evaluate their job posting process to ensure they are in compliance, if they have not done so already.
The NJPBTA applies to employers with ten or more employees for more than 20 calendar weeks and who do business, have employees, or take applications for employment within New Jersey. This includes job placement or referral agencies, as well as – to a narrower extent, discussed below – temporary help agencies. Notably, an employer is still covered even if they do not have employees within New Jersey as long as the employer does business in New Jersey or takes applications from within New Jersey. Job postings by covered employers must comply with the law, even if the employer is advertising or accepting applications from anywhere in the country.
Covered employers must provide in each posting for a new job or transfer opportunity, whether advertised externally or internally: (i) the hourly wage or salary for the position, or a range of the wage/salary; (ii) a general description of benefits; and (iii) any other compensation programs (i.e., payment other than traditional wages) for which the employee would be eligible. Temp agencies are only required to provide this information at the time of interview or hire for a specific job opening.
Substantively, the information included in the job posting cannot be overly general or vague. For example, if a wage/salary range is provided, it must include both a bottom and top to the range (Postings such as “Up to $25.00 per hour” or “$25.00 per hour and up” would not be compliant). Likewise, the description of benefits must be reasonably specific (“Great benefits” or “health insurance and other benefits” would not be compliant).
Lastly, employers must also make reasonable efforts to make current employees in affected departments aware of promotional opportunities. This does not include promotions given to a current employee based on years of experience or performance.
The NJPBTA is enforced by the New Jersey Department of Labor & Workforce Development (NJDOL). The penalties are $300 for the first violation and $600 for each subsequent violation.
Given the wide sweep of the NJPBTA, employers should carefully review their job postings to ensure they do not end up on the wrong side of an enforcement action.
Please contact an NFC team member if you have any questions or seek further assistance.