Under the New Jersey Pay and Benefit Transparency Act, which went into effect June 1, 2025, employers must disclose pay and benefits information in job postings or advertisements. The Act currently applies to employers with 10 or more employees for at least 20 calendar weeks if the employer operates or accepts job applications in New Jersey.
On September 15, 2025, the New Jersey Department of Labor and Workforce Development (NJDOL) issued rule proposals and published guidance clarifying aspects of the Act. Businesses without employees in New Jersey could be covered by the Act and the requirements may apply to positions based outside of New Jersey, which would affect multistate employers and those who hire remote workers.
The proposed rules also state that employers must make “reasonable efforts” to give notice of promotional opportunities to current employees. Postings for new jobs or transfer opportunities must include the range of pay available, listing both a minimum and maximum salary and a general description of benefits offered.
According to the proposed rules, complaints alleging violations of the Act are processed in the same manner as complaints brought under the New Jersey Wage and Hour Law. Employers can only be cited for violations resulting from advertisements on third-party sites if the employer retains control over the content of the advertisement or expressly agrees to relinquish control over the advertisement’s content.
Although the proposed regulations are not yet binding, they will likely go into effect in late 2025 or early 2026. NJDOL has recommended that employers follow the proposals until the final regulations are issued. Employers should become familiar with these regulations and begin working to comply by conducting internal reviews of their job posting practices and by providing adequate information about pay, benefits, and promotional opportunities.
Employers should consider establishing and posting salary ranges for all positions. Multistate employers as well as employers who hire remote employees outside of New Jersey should compare the proposed rules to requirements in other jurisdictions to ensure full compliance. By working to comply now, employers can avoid issues or delays in hiring as well as potential civil penalties once the regulations take effect.
If your organization would like assistance reviewing internal policies or preparing for these upcoming changes, our attorneys are available to help you navigate the evolving employment-law landscape. (Source: NJDOL Proposed Regulations to Pay Transparency Law)
