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Risky / jurisdiction-dependentPay transparency

Do you have to post a salary range in New Jersey job postings?

New Jersey's pay-transparency law generally requires covered employers (around 10 or more employees) to include a pay range and a general description of benefits in job postings. The requirement is relatively new, so confirm current rules.

New Jersey generally requires employers with 10 or more employees to disclose the hourly wage or salary range, plus a general description of benefits and other compensation, in postings for new jobs and transfer opportunities that touch the state.

The requirement took effect in 2025 and details may still be settling. Confirm the current obligations for any role performed in or connected to New Jersey before relying on them.

Risky phrasing

“Newark. Sales Associate. Competitive pay.”

Compliant rewrite

Newark. Sales Associate. $18–$22 per hour, plus benefits. (New Jersey generally requires a pay range and benefits; confirm current rules.)

The law at a glance

Law
New Jersey Pay and Benefit Transparency Act (Senate Bill S2310, signed November 18, 2024)N.J.S.A. 34:6B-23 (P.L. 2024, c. 91; S2310)
In effect
June 1, 2025
Who’s covered
Employers with 10 or more employees over 20 calendar weeks — counted regardless of whether those employees work inside or outside New Jersey — that do business, employ workers, or take job applications in New Jersey. Public employers, employment agencies, and job-placement services are generally covered too.
Penalties
Civil penalties can reach up to $300 for a first violation and up to $600 for each subsequent violation, assessed by the New Jersey Department of Labor and Workforce Development. A noncompliant posting for one job or transfer opportunity generally counts as a single violation even if it appears on multiple job boards — though under NJDOL guidance, separate job openings each count as their own violation.

What that means for a posting

  • Include the hourly wage or salary — either a single figure or a range with a real minimum and maximum — in every internal or external posting for a new job or transfer opportunity. Open-ended phrasing like "up to $X" on its own generally does not satisfy the requirement.
  • Include a general description of the benefits the hired employee would be eligible for, such as health insurance, paid time off, and retirement.
  • Include any other compensation programs the employee would be eligible for — bonuses, commissions, stock or equity, and similar.
  • Make reasonable efforts to announce promotional opportunities to current employees in the affected department(s) before a promotion decision is made — for example via workplace postings or the company intranet. Promotions based on years of experience or performance are generally excepted.
  • Watch the range-width rules: NJDOL has proposed — but as of this writing not finalized — a cap requiring that a posted range's spread be no more than 60 percent of its minimum (e.g., $60,000–$96,000 would pass; $60,000–$120,000 would not). NJDOL's own guidance page already reflects that expectation, so it is the prudent working standard even while the formal rule stays pending; ranges set by a collective bargaining agreement or by law are excepted under the proposal.

Remote and out-of-state postings

The statute is written broadly — it reaches any covered employer that does business, employs workers, or takes job applications in New Jersey, which can sweep in out-of-state companies and remote postings. Proposed NJDOL rules would tighten the "takes applications" prong so it triggers only when the solicitation occurs in New Jersey and the job's physical location is wholly or substantially in New Jersey — but those rules were still not adopted as of this writing. A 90-day regulatory freeze under Executive Order No. 7 (signed January 23, 2026) paused pending rules through late April 2026, and mid-2026 legal alerts still describe the proposals as nonbinding. NJDOL guidance meanwhile suggests remote roles that could be filled from New Jersey may be covered. The cautious read: include pay and benefits in any posting a New Jersey applicant could realistically apply to, and confirm scope with counsel.

How it’s actually enforced

Enforcement sits with the NJ Department of Labor and Workforce Development; there is no private right of action. Its early posture has been education-first: in March 2026, NJDOL reported that 42 of the state's largest employers had been identified with noncompliant postings, and all 42 came into compliance through Assurances of Voluntary Compliance — no penalties were issued. That cooperative window may not last: the department also accepts complaints through its wage and hour division, which can trigger investigations, and the $300/$600 penalty authority remains available.

Common follow-ups

Does the New Jersey law apply to remote jobs or out-of-state employers?+

Quite possibly. The statute covers employers with 10 or more employees that do business, employ workers, or take job applications in New Jersey — which can include companies with no New Jersey office. Proposed NJDOL rules would tighten the applications prong to jobs physically located wholly or substantially in New Jersey, but those rules were not final as of this writing, and NJDOL guidance suggests remote roles that could be filled from New Jersey may be covered. Until the rules settle, the safer course is to include pay and benefits in any posting open to New Jersey applicants.

Who enforces the law — and can an applicant sue over a posting?+

The New Jersey Department of Labor and Workforce Development enforces the law through civil penalties of up to $300 for a first violation and up to $600 for each subsequent one. The statute does not create a private right of action, so applicants and employees generally cannot sue an employer directly over a noncompliant posting — that provision was removed before passage. Applicants can, however, file complaints with NJDOL, which can open an investigation.

Do staffing agencies and temp firms have to include pay in postings?+

Employment agencies and job-placement services are generally covered like any other employer. Temporary help service firms get a partial carve-out for postings for temporary positions: under NJDOL guidance they are not required to list pay and benefits in those postings, but they generally must provide that information to applicants at the time of interview or hire.

What about internal promotions and transfers?+

Postings for transfer opportunities generally need the same pay and benefits disclosures as new-job postings. Separately, employers must make reasonable efforts to announce promotional opportunities to current employees in the affected department(s) before a promotion decision is made — through workplace postings or the company intranet, for example. Promotions awarded on the basis of years of experience or performance are generally excepted from the advance-notice requirement.

Do bonuses, commissions, and benefits have to appear in the posting?+

Generally yes, in summary form. Beyond the wage or salary figure or range, a covered posting needs a general description of benefits — health insurance, paid time off, retirement, and similar — plus any other compensation programs the employee would be eligible for, such as bonuses, commissions, or equity. Exact dollar values for those extras are not generally required; a good-faith general description is the working standard.

Can we offer more than the posted range — and how wide can the range be?+

The statute expressly states that nothing in it prohibits an employer from increasing the wages, benefits, and compensation identified in the posting at the time an offer is made, so going above the posted range at offer stage is generally permitted. On width: proposed NJDOL rules would cap a range's spread at 60 percent of its minimum (for example, $60,000–$96,000 would comply; $60,000–$120,000 would not). That cap was not final as of this writing — though NJDOL's own guidance page already reflects it — and an implausibly wide range invites scrutiny either way.

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Sources

Last reviewed July 8, 2026. Laws change — always confirm current rules for your jurisdiction.FairHire is an informational tool, not legal advice. Have qualified counsel review your hiring questions before use.

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