Written By: Christopher Leddy, Esq. and Maria Matkou, Esq.
The New Jersey Pay and Benefit Transparency Act (the “Act”), effective June 1, 2025, requires employers to disclose wage, salary, compensation, and benefits in both internal and external job postings. However, while the Act is currently effective, administrative regulations implementing the law have not yet been published, so further guidance is forthcoming.
The law distinguishes between:
- Traditional Employers, and
- Registered Temporary Help Service Firms and Consulting Firms.
For Traditional Employers, job postings must include:
- The hourly wage or salary (or a range); and
- A general description of benefits and other compensation programs for which the employee may be eligible.
In contrast, Temporary Help Service Firms and Consulting Firms are not required to include compensation or benefits in postings aimed at identifying qualified applicants for potential future job openings (e.g., when building a candidate pool). This information must instead be disclosed at the time of interview or hire for a specific job opening.
Accordingly, if your client is seeking a direct hire, the benefits offered by the client must be disclosed in the job posting. Listing limited or lower-value benefits is not an issue, as the statute allows employers to increase the offered compensation or benefits when making a formal employment offer. However, postings must avoid vague terms such as “great benefits offered” or “health insurance and more.” If the posting is for a general talent pool (not tied to a current opening), disclosure is not required—though it is advisable to include a disclaimer noting that the posting is from a registered Temporary Help Service Firm for a future opportunity and that compensation and benefit information will be provided at a later stage.
As for indicating whether the position is temporary, temp-to-hire, or permanent: the Pay and Benefit Transparency Act does not address this. However, under the Temporary Workers’ Bill of Rights (effective August 5, 2023), staffing firms are required to disclose the nature of the position in writing before placement. While this does not need to be included in the job posting, it may be helpful to do so for clarity and transparency.
Should you need further guidance or have any questions, please get in touch with our highly experienced Staffing Team at Becker LLC.