New hire reporting to the state
New Jersey law requires all employers doing business in the state to report newly hired, rehired, and returning employees to the New Jersey Department of Human Services (or its designee, the New Jersey Child Support Employer Services Portal). The report must be submitted within 20 days of the date of hire, rehire, or return to work. Employers who transmit reports electronically must report every 15 days. The reporting obligation applies to employees who work in New Jersey, contractors performing services in the state, and employees separated for at least 60 consecutive days before rehire. Information required includes employee name, address, Social Security number, and date services first performed, plus employer name, address, and federal tax identification number.
Criminal history inquiry — ban-the-box timing rules
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