Notice to New Jersey Employers: Bills Protecting Unemployed Job Applicants and Bolstering Their Rights Approved by N.J. State Senate

March 26, 2014 | Bryan Barajas

Bill S1440 has been approved by the New Jersey Senate Labor Committee. This bill specifically restricts employers, as well as their agents and representatives, from basing employment decisions regarding hiring, compensation, and the terms conditions or privileges of employment on an applicant’s unemployment history.  An identical bill A2910 is currently awaiting a vote by the state’s General Assembly Labor Committee.  The bills must be signed by Governor Christie before becoming law.


The bill does NOT prohibit employers from:

  1. Asking job applicants questions surrounding his/her separation from previous employment.
  2. Basing employment decisions on an applicant’s job-related qualifications, such as professional or field experience, training level, or relevant professional or occupational licenses.
  3. Only considering or giving preference to current employees in the application process.
  4. Using an applicant’s actual amount of work experience to determine his or her compensation level, as well as other terms and conditions of employment.


Fines for employers in violation of the law will start at $1,000 for a first violation, and increase to $5,000 for a second violation and $10,000 for each violation thereafter.


The Senate Labor Committee also approved bill S153, called the “New Jobs for New Jersey Act”, that would give businesses with 100 or fewer employees tax credits for hiring workers who have been unemployed for at least a month.  The credits would be equal to the full amount the company paid in payroll taxes for the employee.

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