New Jersey DOL Guidance for Complying with New Jersey’s Pay Transparency Law, by Christopher Nucifora, Esq., 7-17-2025

Last month, New Jersey’s long anticipated pay transparency law took effect.

A4151/S2310, which became effective June 1, 2025, requires employers with 10 or more employees over 20 or more calendar weeks and does business, employs persons or takes applications within the State, to disclose certain compensation and benefits information in job postings and promotional opportunities.

In order to help employer’s comply with the new law, the New Jersey Department of Labor & Workforce Development has issued guidance on key provisions and requirements.

Below are some of the law’s key provisions (as per the guidance):

Covered Employers

Under the Pay Transparency law, an employer may still be covered if it has 10 or more employees over 20 calendar weeks, whether those employees work inside or outside of New Jersey. However, if none of the employer’s employees work inside New Jersey, the employer will only be covered if it does business in New Jersey or takes applications for employment within New Jersey.

Job placement, referral agencies, and other employment agencies are also covered employers under the New Jersey pay and benefits transparency act.

Unlike other employers, temporary help service firms or consulting firms (temp agencies) are only required to provide the hourly wage or salary, a general description of benefits and other compensation programs at the time of interview or hire for a new job opening.

Job Posting Requirements

 Employers must provide the following information in any posting for new jobs or transfer opportunities that it advertises externally or internally:

1. The hourly wage or salary of the position, or a range of the hourly wage or salary;
2. A general description of the benefits. Job postings should list the general description of the benefits offered and should not use phrases such as “great benefits offered,” or “health insurance and more.”; and,
3. Any other compensation programs for which the employee would be eligible. This generally means compensation other than the payment of traditional wages.

Promotional Opportunities

 An employer must use reasonable efforts to make all current employees in its affected departments aware of promotion opportunities, whether those opportunities are advertised internally within the employer or externally on internet-based advertisements, postings, printed flyers, or other similar advertisements. 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.

Penalties

 Any employer who violates the Pay Transparency law can be assessed a penalty up to $300 for the first violation, and up to $600 for each subsequent violation.

Next Steps

 Employers should have already started complying with the new law’s requirements and if they haven’t already consider the following:

• Train HR and management teams on employer obligations under the new law;
• Make sure applicable postings are updated to reflect the new provisions of the law; and,
• Implement a process/system for informing employees of internal promotion opportunities.

Kaufman Dolowich will continue to monitor developments.

Author:  Christopher Nucifora, Co-Managing Partner of Kaufman Dolowich’s New Jersey Office and Chair of the firm’s Commercial Litigation Practice Group.