While we typically see an uptick in legislative activity during the fall, this autumn has been unusually quiet. The only notable news came out of New Jersey.
New Jersey
On September 26, 2024, the New Jersey Legislature unanimously passed S2310. This bill is currently on the desk of Governor Phil Murphy, who is expected to sign it into law. If signed, it will be enacted six months later, making New Jersey the twelfth state to enact a pay transparency law.
This law will apply to employers with 10 or more employees (for over 20 weeks of the year) who do business, employ persons, or take applications for employment within New Jersey. What does this mean for Garden State businesses with remote employees? It likely means they will be required to post salary ranges for remote work job postings to comply with New Jersey’s new law.
The job posting must include the hourly wage or salary range for new jobs and transfer opportunities in addition to a general description of benefits and “other compensation.” This law not only applies to the employer’s direct job postings, but also those posted through a third party.
Additionally, employers will be required to “make reasonable efforts” to announce, post, or otherwise make known opportunities for promotions.
New Jersey’s law also lists violations for failure to comply: $300 for the first violation and $600 for each subsequent violation. Unlike many of the other enacted pay transparency laws, there is no private right of action under this law.
Getting ready for 2025
As a reminder, Illinois and Minnesota have pay transparency laws that will be enacted in the new year. Join us for a pay transparency webinar on November 14, 2024, where we’ll talk about how you can prepare for these new legislative changes. Sign up here.