New Jersey’s pay transparency law requires employers with ten or more employees to include a pay range, a description of benefits, and any other compensation programs in every job posting, whether external or internal. The law took effect on June 1, 2025, and is enforced by the New Jersey Department of Labor and Workforce Development, with penalties of up to $300 for a first violation and up to $600 for each one after that.1State of New Jersey. New Jersey Pay and Benefits Transparency Law
Which Employers Have to Comply
The law applies to any person, company, corporation, firm, labor organization, or association with ten or more employees over twenty or more calendar weeks that does business, employs people, or takes applications for employment in New Jersey.1State of New Jersey. New Jersey Pay and Benefits Transparency Law Businesses under that headcount are not covered.
Out-of-state employers can still fall under the law. Under proposed Department of Labor rules at N.J.A.C. 12:74, the ten-employee threshold counts workers wherever they are located, and a company based elsewhere is covered when it accepts applications from New Jersey residents for roles that would be performed, in whole or substantial part, from within the state. Those proposed rules have not been formally adopted and are not yet binding, but they describe how the Department intends to read the statute, and employers with remote or hybrid workers in New Jersey should treat the guidance seriously.
What Every Job Posting Must Include
Every posting for a new job, promotion, or transfer, whether placed externally or internally, must contain three categories of information:1State of New Jersey. New Jersey Pay and Benefits Transparency Law
- The hourly wage or salary, or a range, that the employer expects to pay.
- A general description of benefits available to the successful candidate, such as health insurance, retirement or pension plans, disability coverage, paid time off, and life insurance.
- Any other compensation programs the employee would be eligible for, such as bonuses, commissions, or profit-sharing.
Employers may set the pay figure as a good-faith estimate. The range should reflect what the organization actually plans to pay given its budget and the qualifications it is seeking. A range posted with no intention of being honored defeats the purpose of the law.
The proposed Department of Labor rules would also cap how wide a pay range can be. Under that proposal, the top of the range could not exceed the bottom by more than 60 percent of the starting figure, so a listing with a $50,000 floor could not go above $80,000 at the ceiling.1State of New Jersey. New Jersey Pay and Benefits Transparency Law The cap is not yet in force, but if adopted it would rule out the very wide ranges that technically meet transparency requirements while telling applicants little.
Internal Promotions and Transfers
Before filling a promotion or transfer opening, a covered employer must make reasonable efforts to let current employees in affected departments know about it.1State of New Jersey. New Jersey Pay and Benefits Transparency Law The proposed rules describe reasonable efforts as posting the opportunity in physical locations where those employees would see it and on the company’s internal website or intranet, if one exists.
The proposed rules also distinguish between the two types of moves. A promotion is a change in job title accompanied by a pay increase. A transfer is a change in title with no pay change.1State of New Jersey. New Jersey Pay and Benefits Transparency Law Both trigger the notification requirement, and the internal notice must carry the same pay, benefits, and other compensation details required of outside ads.
How It Works With the Salary History Ban
New Jersey already prohibits employers from screening applicants based on past pay. Under N.J.S.A. 34:6B-20, an employer cannot require that your prior wages, salaries, or benefits meet a minimum or maximum threshold to be considered for a position.2Justia Law. New Jersey Revised Statutes Title 34 Section 34-6B-20 – Unlawful Employment Practice That ban has been in place since 2020.
The two laws line up. The salary history ban keeps employers from anchoring an offer to what you earned before. The transparency law forces them to put the pay they are offering on the posting. An employer that asks what you made at your last job while leaving the pay range off its ad is likely violating both.
Filing a Complaint
If a covered employer posts a job that leaves out the required pay, benefits, or other compensation details, you can file a complaint with the New Jersey Department of Labor and Workforce Development. The Department accepts complaints through its online portal, by mail, or by fax.1State of New Jersey. New Jersey Pay and Benefits Transparency Law On the online form, select “Other” in the reason section and describe what is missing.
Explain when and how you came across the posting, and attach a copy of it. For online listings, save the page as a PDF or screenshot rather than relying on a link, since the ad may be edited or removed before an investigator looks at it. For a missed internal promotion or transfer notice, say which department should have received the posting and did not. A union representative or community organization can file for you. The Division of Wage and Hour Compliance can be reached by email at wage.hour@dol.nj.gov.1State of New Jersey. New Jersey Pay and Benefits Transparency Law
The statute does not create a private right of action, so you cannot sue an employer in court for a noncompliant posting. Enforcement runs through the Department as an administrative matter.3New Jersey Legislature. New Jersey State Legislature S2310
Penalties and Protection From Retaliation
The Commissioner of Labor and Workforce Development collects civil penalties from employers who violate the law. A first violation carries a penalty of up to $300, and each subsequent violation up to $600.3New Jersey Legislature. New Jersey State Legislature S2310 Those are ceilings, not fixed amounts, so a given violation can be assessed at less.
The pay transparency statute does not include its own anti-retaliation section. New Jersey’s broader worker protections cover you anyway. State law prohibits an employer from penalizing you for reporting workplace violations, questioning how your rights apply, or asserting them, and retaliation can take many forms, including termination, poor reviews, pay changes, increased oversight, or exclusion from meetings you would normally attend. The New Jersey Conscientious Employee Protection Act at N.J.S.A. 34:19-3 provides a further backstop for employees who report employer practices they reasonably believe to be unlawful.4State of New Jersey. Retaliation Protections If you file a complaint about a missing salary range and your employer cuts your hours or passes you over for a promotion in response, you have legal recourse. Workers who think they are facing retaliation can call the Department of Labor at 609-292-2305.