S 2136 — Requires employers to include in job posting whether posting is for existing position and sets additional job posting requirements.

S2136 1R [First Reprint] SENATE, No.

  CURRENT VERSION OF TEXT      IntroducedAs Pendingreported Technicalby Reviewthe bySenate LegislativeLabor Counsel.Committee on May 11, 2026, with amendments.

       1.   11.   a. The AnLegislature employerfinds orand third-partydeclares jobthat posting: company who publicly advertises a job posting shall include in the posting:

     (1)  a.     aTransparent statementand disclosingaccurate whetherjob thepostings posting is for an existing vacancy or not, and ifadvertisements thepromote postingfairness is for anjob existingapplicants vacancy,and anefficiency estimatedin timeframe of when the positionlabor willmarket;  be     filled,b.    or,Advertisements if the posting is not for anjob existingpostings vacancy, a disclaimer that theredo is not ancorrespond existingto vacancy,hiring providedneed that the posting and disclaimerare shallnever notfilled, becommonly permittedreferred unlessto theas employerghost has,jobs, withincreate thean precedingundue 12burden months,on listedjob theseekers sameleading positionmany notto lessdistrust thanemployers three times or hired not less than six employees for similar roles, and providedmake further that the postingjob andfinding disclaimerprocess shallmore expiredifficult; after 90 days and the posting shall be removed;

and      (2)  c.     anyAccording otherto informationinternal relatingdata tofrom the positionhiring asplatform deemedGreenhouse, appropriatebetween by18 thepercent Commissionerand 22 percent of Laborjobs andadvertised Workforcein Development.2024 were postings for positions that were never filled, with nearly 70 percent of companies on the platform posting at least one ghost job in the latter half of 2024;

     d.    Ongoing recruitment efforts for anticipated staffing needs or recurring positions are necessary to maintain workforce stability;

and      e.     This act is not intended to prohibit recruitment practices that include appropriate disclosures or to hold employers liable for third-party job posting companies acting outside of the control of the employer.1        1[1.] 2.1     a.  An employer or third-party job posting company 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, or, if the posting is not for an existing vacancy, a disclaimer that 1[there is not an existing vacancy] the employer is accepting applications for an anticipated vacancy1, provided that the posting and disclaimer shall not be permitted unless the employer has, within the preceding 1[12] 181 months, listed the same position not less than three times or hired not less than 1[six] four1 employees for similar roles, and provided further that the posting and disclaimer shall expire after 1[90] 1201 days and the posting shall be removed 1, except as provided in paragraphs (2) and (3) of this subsection1;

1[and]1      (2)   1[any other information relating to the position as deemed appropriate by the Commissioner of Labor and Workforce 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 nature;

or      (3)   if the posting is not for an existing vacancy and is advertised by a temporary help service firm or consulting firm registered with the Division of Consumer Affairs pursuant to P.L.1989, c.331 (C.34:8-43 et seq.) or section 1 of P.L.1981, c.1 (C.56:8-1.1), a disclaimer that the temporary help service firm or consulting firm is accepting applications for an anticipated vacancy, provided that the posting and disclaimer shall expire after 120 days and the posting shall be removed1.

     (1) When a position for which an employer has publicly advertised has been filled, the employer shall remove any posting or advertisement made1[made] created, controlled, or requested1 by the employer within two weeks of the position having been filled or within 30 days of the original posting, whichever is later.

If If the employer is aware or should reasonably be aware that a third-party job posting company posted the position independently of the employer, the employer shall notify1make thereasonable third-partyefforts companyto1 thatnotify the position has been filled.       (2)   If a third-party job posting company knows1using orpublicly hasavailable reasoncontact toinformation know that a post for a particular position has been filled or hasthrough otherwisean expired,existing thebusiness third-partyrelationship,1 jobthat posting company shall remove the postposition within two weeks of the date it knows or has reasonbeen tofilled. know of the position being filled or within 30 days of the original posting, whichever is later.

     1An c.    employer Ifshall annot employerbe conductsliable anfor interviewthe withcontinued andisplay applicantof for a publiclyposting advertisedor advertisement by a third-party job posting forcompany anthat existingwas jobnot vacancy,created, thecontrolled, employeror shall,requested withinby the timeframeemployer.1 provided     in(2)   theIf a third-party job advertisement,posting providecompany theknows applicantor withhas anreason affirmativeto responseknow asthat toa whetherpost thefor a particular position has been filled,filled or if the position has nototherwise beenexpired, filled, whether the employerthird-party isjob stillposting consideringcompany theshall applicantremove for the position. post Ifwithin thetwo employerweeks notifiesof the applicantdate thatit theknows applicantor ishas stillreason into considerationknow forof the position,position thebeing employerfilled shallor providewithin the30 applicantdays with an estimated timeframe of when the employeroriginal willposting, makewhichever ais finallater. decision as to the position.

     d.   c.     The1[If Departmentan ofemployer Laborconducts andan Workforceinterview Developmentwith shallan haveapplicant thefor authoritya topublicly conductadvertised auditsjob ofposting for an existing job vacancy, the employer andshall, third-partywithin the timeframe provided in the job postingadvertisement, companyprovide 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.    Any]1 employerThe orDepartment third-party job posting company violating any of theLabor provisionsand ofWorkforce thisDevelopment act shall behave liablethe authority to aconduct penaltyaudits of not employer more than $300 for a first offense, and notthird-party morejob thanposting $600company forpractices a subsequent offense, to bedetermine collectedongoing inviolations a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999,"this P.L.1999,act.  c.274Any (C.2A:58-10person etaggrieved seq.). by Each week that a job advertisement is posted in violation of this act shallmay constitutereport a separate and distinct violation, except during the timeviolation anto appeal from the summarydepartment. proceeding may be taken or is pending.

     f.    1[e.] Thed.1     commissionerAny shallemployer adoptor andthird-party promulgate,job pursuantposting tocompany theviolating "Administrativeany Procedureof Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to effectuate the purposesprovisions of this act.act shall1:

     g.   (1) Forreceive a warning from the purposesCommissioner of thisLabor section:and Workforce Development, in a manner and form as prescribed by the commissioner, to rectify the violation within seven business days;

and      (1)(2) Aif positionthe shallperson does not rectify the violation within seven business days1 be regardedliable asto filleda onpenalty theof not more than $300 for a first dayoffense, thatand not more than $600 for a selectedsubsequent candidateoffense, beginsto be collected in a civil action by a summary proceeding under the performance"Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).  1[Each week] For purposes of this paragraph, a violation shall be assessed on a per job dutiesposting underbasis and shall not be multiplied based on the termsnumber of employment.platforms, websites, or third-party job posting companies on which the same job posting appears.

       (2)  Following “Interview”the meanswarning ain formalparagraph or(1) informalof meetingthis orsubsection, conversationeach betweenmonth1 anthat employera orjob representativeadvertisement of1[is theposted] employerremains1 andin aviolation jobof applicantthis thatact is1after conductedthe withexpiration of the intentioncure ofperiod1 assessingshall theconstitute candidate’sa qualifications,separate skill,1[and ordistinct]1 suitabilityviolation, for1[except aduring specificthe position,time providedan thatappeal “interview”from doesthe notsummary includeproceeding preliminarymay screeningsbe taken or assessmentsis ofpending] informationprovided aboutthat amultiple jobappearances applicant,or includingduplicative informationpostings submittedof by the applicant,same whichjob ison conducteddifferent byplatforms humanshall resourcesnot personnelconstitute orseparate otherviolations.  representativesEach ofviolation theshall employerbe solelytied to verifya basicsingle qualificationsjob orposting interestcycle, inregardless theof positionredistribution or tothird-party determinereposting whetheroutside tothe interviewdirect control of the applicant.employer or third-party job posting company1.

       2.   1[f.] Thise.1      actThe commissioner shall takeadopt effectand immediately.promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to effectuate the purposes of this act.

       1[g.] STATEMENTf.1      For       This bill requires an employer to include in any posting for a publicly advertised job, information concerning whether the postingpurposes isof forthis ansection1[: existing, vacant position, and remove a job posting when a position has been filled within two weeks after the position being filled or 30 days after the original posting, whichever is later.

          If(1) the A] postinga1 is for a position whichshall is vacant, the employer is required to provide an estimated timeframe of when the position will be filled. regarded 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 tofilled whetheron the positionfirst hasday beenthat filled,a orselected ifcandidate thebegins position has not been filled, whether the employerperformance isof still considering the applicant for the position.  The employer is required to give notice that the position has been filled to any third-party job postingduties companyunder that also posted the vacantterms position.of employment.

          If1[(2)] theg.  postingAs isused for a position which is not vacant, the employer is required to include a disclaimer that there is no existing vacancy.  Such a posting and disclaimer is not allowed unless the employer has, in thethis precedingact: 12 months, listed the same position at least three times or hired not less than six employees for similar roles.  The posting and disclaimer shall expire after 90 days and be removed.

          The“Employer” billmeans alsoa requiresperson third-partyengaged in business in the State, including the State and any political subdivision or other instrumentality of the State, who employs more than 10 employees.1      1[“Interview” means a formal or informal meeting or conversation between an employer or representative of the employer and a job postingapplicant companiesthat tois removeconducted postingswith the intention of assessing the candidate’s qualifications, skill, or suitability for positionsa specific position, provided that have“interview” beendoes filled,not andinclude providespreliminary screenings or assessments of information about a job applicant, including information submitted by the Departmentapplicant, which is conducted by human resources personnel or other representatives of Laborthe andemployer Workforcesolely Developmentto withverify basic qualifications or interest in the authorityposition or to auditdetermine employerswhether andto third-partyinterview the applicant.]      “Third-party job posting companiescompany” formeans ongoinga violations. person Anyor personentity whothat violatesis not the provisionsemployer for which a job is posted that posts multiple job vacancies or listings on behalf of theemployers billor willindependently beof subjectemployers for job seekers to civilsearch penalties.and apply to job postings on one platform.1        1[2.] 3.1     This act shall take effect 1[immediately] on the first day of the 13th month next following enactment1.