A new transparency in pay law will take effect mandating that most New Jersey employers disclose pay and benefits for new jobs and for promotion opportunities in their job postings.
New Jersey Governor Murphy issued a press release as to bills Senate/2310 and Assembly/4151 being signed into law which shall require employer transparency as to employee compensation and opportunities for promotion in most employment job listings. This new law will take effect in New Jersey on June 1, 2025.
This new law attempts to eradicate disparity in pay based on being a member of a protected class such as sex, race, age, etc., similar to goals of Unequal Pay and Wage Claims - Diane B. Allen Equal Pay Act.
Do not sit on your rights! Do not wait until you are terminated. If you are being subjected to such unlawful workplace discrimination or believe you are being pushed out of your job or denied promotions because of your age, race, sex, etc., contact Hope A. Lang, Attorney at Law today for a free consultation. I have successfully represented executives, managers and other workers who were subjected to illegal discrimination. This law office accepts cases from all over New Jersey and has locations in Southern, Central and Northern NJ to meet with clients. Call today for a free consultation.
Which employers will be affected by this new law? Will my employer be covered under this Act? Not all employers will be bound by this Act.
This Act concerning transparency in employment listings and supplementing Title 34 of the Revised Statutes of NJ, for the purposes of which employers will be bound by this Act, defines “Employer” as any:
a) corporation, firm, person, company, labor organization, or association, and
b) it must employee 10 or more employees
c) for over 20 calendar weeks, and
d) it does business, employs persons, or takes applications for employment within New Jersey including the State of New Jersey, any county or municipality, or any instrumentality thereof.
The term “Employer” includes referral agencies, job placement agencies and other employment agencies.
What must be disclosed for new jobs and transfers when advertised by the employer either externally or internally?
An employer will be required to disclose in each posting for new jobs and transfer opportunities that are advertised by the employer either externally or internally:
a) the hourly wage or salary, or
b) the range of the hourly wage or salary, and
c) a general description of benefits, and
d) other compensation programs for which the employee would be eligible.
The posted offerings might change after the applicant applies for position.
Note: an employer will not be prohibited from offering an increase the wages, benefits, and compensation identified in the job opening posting, at the time of making an employment offer to the applicant.
What is considered a “Promotion” to trigger a covered employer’s responsibilities under this Act?
A “Promotion” as defined in this Act requires both an increase in the employee’s compensation and a change in the employee’s job title. This Act may help prevent discrimination in the promotion process such as described in New Jersey Age Discrimination Lawyer.
What will be responsibilities of the covered employers to their current employees as to “Promotions", prior to their making promotion decisions?
Under this Act, an employer has a duty to make reasonable efforts to post, announce, or otherwise make known opportunities for promotion (see NJ Employment Discrimination Attorney, African American Manager Passed over in Promotions), as defined above, that are advertised internally within the employer, or externally on internet-based advertisements, postings, printed flyers, or other similar advertisements, to all current employees in the affected department or departments of the employer’s business prior to making a promotion decision.
There are exceptions for promotions awarded for an employee’s years of experience and promotions arising from unforeseen, emergent situations.
Any promotion for a current employee that is awarded on the basis of years of experience or performance shall not be subject to the notification requirements established as listed above. These promotions still must not discriminate in terms of who and who is not awarded promotions. See NJ Sex Discrimination Attorney, I’m a Female Executive Unfairly Evaluated.
Additionally, when there is an emergent and unforeseen event, an employer is not prohibited from making a promotion on an emergent basis due to an unforeseen event.
Temporary Help Service Firms Are Included
Temporary help service firms or consulting firms shall be required to provide the pay and benefit information listed above to an applicant for temporary employment at the time of interview or hire for a specific job opening.
Exceptions for Division of Consumer Affairs in the Department of Law and Public Safety
Temporary help service firms and consulting firms registered with the Division of Consumer Affairs in the Department of Law and Public Safety shall not be required to provide on job postings that are posted for the purpose of identifying qualified applicants for potential future job openings and not for existing job openings: (a) the hourly wage or salary, or range of hourly wage or salary; or (b) a general description of benefits and other compensation programs for which the employee would be eligible.
What You Can Do
If you are an employee who is experiencing illegal discrimination, contact us today for a free consultation. I have represented numerous private and public employees who were discriminated against, and I was successful in recovering multiple six-figure financial compensation for their emotional pain and suffering, and moneys for lost wages, both for past lost wages and projected future lost wages.
If you resign, you may lose right to prevail in a lawsuit.
In many instances of discrimination and retaliation, if you resign, you may lose right to prevail in a lawsuit unless you first take certain legally required measures to preserve your job while you are still employed. If you are thinking of resigning, or think you will be fired, or have been fired, you should contact this office immediately for a free consultation to discuss your options in the safest way for you.
I accept discrimination cases from all over New Jersey and have locations in Southern, Central and Northern NJ to meet with clients.
Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Cherry Hill, Vineland, Union, Plainfield, Hamilton Township, Lakewood, Edison, Parsippany-Troy Hills, Franklin, Lakewood, and every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.