A 1161 — Requires employers to include in job posting whether posting is for existing position and sets additional job posting requirements.

A1161 1R [First Reprint] ASSEMBLY, No.

  CURRENT VERSION OF TEXT      IntroducedAs Pendingreported Technicalby Reviewthe byAssembly LegislativeLabor Counsel.Committee on March 16, 2026, with amendments.

       1.    a.  An employer 1or third-party job posting company1 who publicly advertises a job posting shall include in the posting:

     (1)   a statement disclosing whether the posting is for an existing vacancy or not, and if the posting is for an existing vacancy, an estimated timeframe of when the position will be filled;filled 1, or, if the posting is not for an existing vacancy, a disclaimer that the employer is accepting applications for an anticipated vacancy, provided that the posting and disclaimer shall not be permitted unless the employer has, within the preceding months, listed the same position not less than three times or hired not less than four employees for similar roles, and provided further that the posting and disclaimer shall expire after 120 days and the posting shall be removed, except as provided in paragraph (2) of this subsection1;

and1[and] or1      (2)   any1[any other information relating to the position as deemed appropriate by the Commissioner of Labor and Workforce Development.Development] if the posting is for a seasonal position, a statement disclosing the anticipated employment season or period of employment and a disclaimer that the position is seasonal in nature1.

     b.   b. (1) When a position for which an employer has publicly advertised has been filled, the employer shall remove any posting or advertisement made by the employer within two weeks of the position having been filled.  If the employer is aware or should reasonably be aware that a third-party job posting entity posted the position independently of the employer, the employer shall notify the third-party entity that the position has been filled.       (2)   If a third-party job posting entity knows or has reason to know that a post for a particular position has been filled or has otherwise expired, the third-party job posting entity shall remove the post within two weeks of the date it knows or has reason to know of the position being filled.

    1For c.    job Ifpostings anthat employerare interviewsfor anexisting applicantjob forvacancies, aemployers publiclyand advertisedthird-party job posting,posting companies shall comply with the following requirements:1         (1) When a position for which an employer shall,has withinpublicly theadvertised timeframehas providedbeen infilled, the jobemployer advertisement,shall provideremove theany applicantposting withor anadvertisement affirmativemade responseby asthe toemployer whetherwithin two weeks of the position hashaving been filled,filled or1or ifwithin 30 days of the positionoriginal hasposting, notwhichever beenis filled,later1.  whetherIf the employer is stillaware consideringor theshould applicantreasonably forbe aware that a third-party job posting 1[entity] company1 posted the position. position Ifindependently of the employer, the employer notifiesshall 1make reasonable efforts to1 notify the applicantthird-party 1[entity] company, using publicly available contact information or through an existing business relationship,1 that the applicantposition ishas stillbeen infilled.  consideration     (2)   If a third-party job posting 1[entity] company1 knows or has reason to know that a post for thea position,particular position has been filled or has otherwise expired, the employerthird-party job posting 1[entity] company1 shall provideremove the applicantpost withwithin antwo estimatedweeks timeframe of whenthe date it knows or has reason to know of the employerposition willbeing makefilled a1or finalwithin decision30 asdays toof the position.original posting, whichever is later1.

     d.   c.     TheIf Departmentan ofemployer Labor1[interviews] andconducts Workforcean Developmentinterview shallwith1 havean theapplicant authorityfor toa conductpublicly auditsadvertised ofjob posting 1for an existing job vacancy1, the employer andshall, third-partywithin the timeframe provided in the job postingadvertisement, entityprovide practicesthe applicant with an affirmative response as to determinewhether ongoingthe violationsposition ofhas thisbeen act. filled, Anyor personif aggrievedthe byposition ahas violationnot ofbeen thisfilled, actwhether maythe reportemployer is still considering the violationapplicant for the position.  If the employer notifies the applicant that the applicant is still in consideration for the position, the employer shall provide the applicant with an estimated timeframe of when the employer will make a final decision as to the department.position.

     e.    d.    AnyThe personDepartment violatingof anyLabor ofand Workforce Development shall have the provisionsauthority to conduct audits of employer and third-party job posting 1[entity] company1 practices to determine ongoing violations of this act.  Any person aggrieved by a violation of this act shall:may report the violation to the department.

     e.     Any 1[person] employer or third-party job posting company1 violating any of the provisions of this act shall:

and      (2) if the person does not rectify the violation within seven business days be liable to a penalty of not less1[less] more1 than $1,0001[$1,000 nornor] $300 for a first offense, and not1 more than $5,0001[$5,000] $600 for a subsequent offense,1 to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

     g.   g. 1For Asthe usedpurposes inof this act:section, a position shall be regarded as filled on the first day that a selected candidate begins the performance of job duties under the terms of employment.

     h.1 As used in this act:

     1“Interview” means a formal or informal meeting or conversation between an employer or representative of the employer and a job applicant that is conducted with the intention of assessing the candidate’s qualifications, skill, or suitability for a specific position, provided that “interview” does not include preliminary screenings or assessments of information about a job applicant, including information submitted by the applicant, which is conducted by human resources personnel or other representatives of the employer solely to verify basic qualifications or interest in the position or to determine whether to interview the applicant.1      “Third-party job posting entity”1[entity] company1” means a person or entity that is not the employer for which a job is posted that posts multiple job vacancies or listings on behalf of employers or independently of employers for job seekers to search and apply to job postings on one platform.

    STATEMENT        This bill requires an employer to remove a job posting when a position has been filled and include, within any posting for a publicly advertised job, information concerning whether the posting is for an existing position.

The bill defines employer to mean a person engaged in business in the State, including the State and any political subdivision or other instrumentality of the State, who employs more than 10 employees.

     The bill provides that prior to a person being fined for a violation of the bill, the person will receive a warning from the Commissioner of Labor and Workforce Development, in a manner and form as prescribed by the commissioner, to rectify the violation within seven business days.

     Under the bill, an employer is required to provide a timeframe in the job posting as to when the position is anticipated to be filled.

If the employer interviews an applicant for the position, the employer is required, within the timeframe provided in the job advertisement, to provide the applicant with an affirmative response as to whether the position has been filled, or if the position has not been filled, whether the employer is still considering the applicant for the position.

     The bill also requires third-party job posting entities to remove positions that have been filled, and it provides the Department of Labor and Workforce Development with the authority to audit employers and third-party job posting entities for ongoing violations.

Any person who violates the provisions of the bill will be subject to civil penalties.