New Jersey — Hiring & Onboarding

New Jersey law requires all employers doing business in the state to report each newly hired or rehired employee, as well as independent contractors, to the state directory of new hires. As of 2024, this reporting requirement is codified at N.J.S.A. 2A:17-56.61, with the regulatory reporting deadline updated under N.J.A.C. 10:110-11.2. Employers must submit a report within 15 days of the employee's hiring, rehiring, or return to work (reduced from the previous 20-day statutory window). If reporting electronically, the employer must submit two monthly reports, not less than 12 days nor more than 16 days apart.

Who Must Report:

• Any employer or labor organization doing business in New Jersey or employing persons in New Jersey (as defined by N.J.S.A. 2A:17-56.59 and 56.60) must comply. This includes reporting for any individual who is re-employed after a separation of at least 60 days.

What Must Be Reported:

• Employee’s name, address, and Social Security number;
• Date services for remuneration were first rendered;
• Employer’s name, address, and federal employer identification number (FEIN).

How to Report:

• Reports must be made to the New Jersey Department of Human Services, or its designee, via the State Directory of New Hires (administrative details can be found in governmental guidance, but the requirement rests in the cited statute and regulation).

Penalties:

• Failure to comply with the new hire reporting requirement may result in a penalty of $25 per failure to report, or $500 if the failure is part of a conspiracy.

Recent Change:

• The reporting deadline was reduced from 20 days to 15 days by regulation (N.J.A.C. 10:110-11.2), which now governs the submission window for all new hire reports, effective at least as of 2024.

Source: N.J.S.A. 2A:17-56.61 Source: N.J.A.C. 10:110-11.2

New Jersey's Opportunity to Compete Act, N.J.S.A. 34:6B-11 to -19 (effective March 1, 2015), prohibits covered employers from making any oral or written inquiry regarding an applicant's criminal record during the initial employment application process. The Act applies to employers with 15 or more employees over 20 calendar weeks that do business, employ persons, or take applications for employment within New Jersey. Positions must be physically located, in whole or in substantial part, within New Jersey to be covered.

When Criminal History Inquiries Are Prohibited

The initial employment application process runs from when the applicant or employer first makes an inquiry about a prospective position through the completion of a first interview (whether in-person, by telephone, or by video conferencing). During this period, employers may not:

• Include questions about criminal history on employment applications;
• Ask orally or in writing about an applicant's criminal record (including expunged records);
• Conduct internet searches or public-record searches to uncover criminal history information; or
• Publish advertisements stating that applicants with criminal records will not be considered.

When Employers May Inquire

After conducting a first interview, employers may inquire about and consider an applicant's criminal record. If an applicant voluntarily discloses their criminal record during the initial employment application process, the employer may make follow-up inquiries at that time.

Statutory Exceptions

The Act does not apply to positions in:

• Law enforcement, corrections, the judiciary, homeland security, or emergency management;
• Roles where a criminal history record background check is required by law, rule, or regulation;
• Positions where an arrest or conviction would or may preclude the person from holding the position as required by any law, rule, or regulation;
• Positions where any law restricts an employer's ability to engage in specific business activities based on employees' criminal records; or
• Positions designated by the employer as part of a program designed to encourage the employment of persons with a criminal record.

Enforcement and Penalties

The New Jersey Department of Labor and Workforce Development enforces the Act. Violators face civil penalties of up to $1,000 for a first violation, $5,000 for a second violation, and $10,000 for each subsequent violation. The Act does not create a private right of action; administrative penalties are the sole remedy.

Multi-State Application Exception

Employers with multi-state operations may use a single employment application that includes criminal history questions, provided that the application includes a conspicuous instruction immediately preceding the criminal record inquiry stating that applicants for positions physically located, in whole or substantial part, in New Jersey are instructed not to answer the question.

Limitations on Use of Criminal Records

Employers may not refuse to hire an applicant based on a criminal record that has been expunged or erased through executive pardon, unless the refusal is consistent with other applicable laws. For non-expunged records, an employer's refusal to hire based on criminal history must be consistent with other applicable law, including EEOC guidance on the use of criminal records in employment decisions under Title VII of the Civil Rights Act of 1964. Unlike some states, New Jersey does not impose a specific individualized-assessment requirement before rejecting an applicant based on criminal history, but the decision must comply with federal and other state law obligations.

Source: N.J.S.A. 34:6B-11 to -19 — The Opportunity to Compete Act

New Jersey imposes specific monetary penalties on employers who fail to comply with the new hire reporting requirements under N.J.S.A. 2A:17-56.61.

Statutory Penalties:

• For each failure to report a newly hired or rehired employee (or independent contractor, if applicable), the employer may be assessed a civil penalty of $25. This penalty applies per incident, meaning each unreported new hire constitutes a separate violation and triggers a separate penalty.
• If the failure to report is found to be part of a conspiracy between the employer and the employee (for example, to assist the employee in evading child support obligations), the penalty rises sharply to $500 per incident.

First vs. Subsequent Violations: The statute does not distinguish, for the $25 per-violation penalty, between first violations and subsequent violations—each failure to report triggers a $25 penalty regardless of whether it is the employer’s first or a repeated offense. The $500 per-incident penalty applies only when there is a finding of conspiracy.

Enforcement: Penalties are enforced by the State of New Jersey through administrative action. The statute does not specify additional criminal penalties or provide for a private right of action. The penalty is intended as a civil fine to ensure employer compliance with the new hire reporting program, which is designed to assist in enforcing child support obligations.

Summary Table:

• Failure to report (ordinary case): $25 per new hire not reported (no escalation for repeat offenses).
• Failure to report (conspiracy): $500 per new hire not reported (requires finding of conspiracy between employer and employee).

Source: N.J.S.A. 2A:17-56.61

New Jersey law requires employers to pay all final wages due to a separated employee—regardless of whether the separation is voluntary (resignation/quit) or involuntary (discharge/termination)—no later than the next regularly scheduled payday for the pay period in which the separation occurred. This principle is set by N.J.S.A. 34:11-4.3 and is echoed in the parallel regulation at N.J.A.C. 12:55-2.4(a). There is no statutory distinction between an employee who is fired and one who quits: both must receive their final paycheck according to the employer's usual payroll schedule for that period—no acceleration, but also no delay beyond the established date.

If employment is terminated or suspended due to a labor dispute (such as a strike or lockout), payment may be delayed an additional ten days beyond the usual payday. In all other cases, the final pay must be provided by the regular payday. Employers may pay by direct deposit, check on regular payday, or, if the employee requests and provides a mailing address, by mailing the check or direct deposit notification to the last known address.

"Wages" includes all compensation earned up to the last day worked, including overtime, earned commissions, and bonuses required by contract, but does not require payout of unused vacation or PTO unless the employer's policy or an employment agreement provides for such payout.

Failure to pay on time may result in administrative and criminal penalties under N.J.S.A. 34:11-4.10. Each week a violation persists counts as a separate offense.

Source: N.J.S.A. 34:11-4.3 Source: N.J.A.C. 12:55-2.4(a)

New Jersey imposes several onboarding disclosure requirements unique among states. Employers must furnish written notice to new hires about their rights under (1) Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI), and (2) the state Earned Sick Leave law. These are not mere poster requirements—delivery to the individual new hire is mandatory, at time of hire, in addition to any general posting obligations.

1. TDI and FLI Notice Employers must distribute written notice describing employees’ rights, benefit levels, and claims procedures for New Jersey Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI). As set by N.J.S.A. 43:21-39.1 and N.J.A.C. 12:18-8.1, the notice must:

• Explain entitlement to benefits, eligibility standards, and how to claim them (including the need to notify the employer promptly of disability or family leave events);
• Identify the issuing state agency and contact telephone; and
• Be provided to the employee both (a) at the time of hire and (b) whenever the employee first becomes eligible for TDI/FLI, or when requested.

The NJDOL-approved template (Form DS-1) meets these mandates. Hard copy or electronic delivery is allowed, so long as it is accessible and printable by the employee.

2. Earned Sick Leave Notice Per N.J.S.A. 34:11D-6 and N.J.A.C. 12:69-3.1, employers must inform each employee, in writing at hire, about:

• Their right to accrue and use earned sick leave;
• The accrual rate (at least 1 hour per 30 worked, up to 40 hours per year);
• Carryover rules, anti-retaliation protections, and how to file a complaint; and
• Contact details for the NJDOL.

The state-published earned sick leave notice is the officially prescribed form. Delivery can be hard copy or electronic, same as above.

Language requirements: If the NJDOL has issued a translated version of either notice in a language that is "the first language of a significant number of the employer's workforce," that version must also be distributed. As of June 2026, "significant number" is not further defined by statute or regulation—publicly available agency guidance directs employers to consider any language spoken by 10% or more of employees as a reasonable threshold.

Other onboarding notices:

• The Wage Payment Law (N.J.S.A. 34:11-4.6) mandates a written explanation of pay rates, paydays, and employer contact info at hire.
• Gender equity (N.J.S.A. 34:11-56.12) and Conscientious Employee Protection Act (CEPA, N.J.S.A. 34:19-7) notices are satisfied by posting, not individualized distribution—unless the employer has an electronic handbook, in which case CEPA must also be emailed or intranet-posted directly to the employee.

Source: N.J.S.A. 43:21-39.1 Source: N.J.A.C. 12:18-8.1 Source: N.J.S.A. 34:11D-6 Source: N.J.A.C. 12:69-3.1 Source: N.J.S.A. 34:11-4.6 Source: N.J.S.A. 34:19-7 Source: N.J.S.A. 34:11-56.12