New Legislation Will Require Certain Disclosures For New Jersey Employers

On February 21, 2013, the New Jersey Legislature amended Bill A3365, which codifies the New Jersey Employer Identity Disclosure Act (the "Act"), moving this important piece of legislation closer to completion. The Act would require employers to provide a statement disclosing certain information to job applicants and employees upon request and would also prohibit employers from knowingly publishing false job advertisements to potential candidates.

Specifically, employers would have to provide a disclosure statement to any job applicant upon request, which would include the following information:

1. The full legal name of the employer who will direct, supervise and compensate the applicant;
2. The exact address of the employer's base of operations, or if there is no base of operations, the location from which the employer will direct or supervise the applicant; and
3. The nature of the employer-employee relationship, including whether the applicant will be considered an employee, temporary employee, or independent contractor.

The Act allows for an individual to request a copy of this disclosure statement "at any time before or after accepting employment with an employer." Therefore, it is possible that the Act will cover both prospective and current employees.

The Act also would prohibit employers from "knowingly or purposefully" publishing an advertisement for a job opening that "distorts, obscures, or in any way attempts to misinform" an applicant. Job advertisements must be consistent with the employer disclosure statements for each job opening. Employers may not retaliate against individuals who report violations of the Act and face civil penalties for offenses.

Companies that employ workers with various classifications – full-time, part-time, seasonal, and temporary – should keep detailed and accurate records of each employee's status in anticipation of the legislature passing the Act. Employers should also use caution in publishing job openings. Recruiting personnel should consult with the department manager or supervisor who will oversee the potential hire in order to ensure complete accuracy of all job postings.

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