New Jersey State Employment Laws
The state of New Jersey has restrictions on what can be reported in a background screening report beyond what the Fair Credit Reporting Act (FCRA) dictates.
| Restriction | Explanation |
|---|---|
| Ban the Box: Use of criminal record only after an applicant meets minimum employment qualifications | Effective March 1, 2015. the Opportunity to Compete Act prohibits employers (including the state and any county or municipality) that have more than 15 employees over 20 weeks from:(1) posting job advertisements indicating that persons who have been arrested or convicted of a crime will not be considered for employment; and (2) requiring applicants to complete a job application that requires disclosure of their criminal history. The prohibition on requests for criminal history information covers only the "initial employment application process," which includes both the job application and the first interview of the job applicant. See the statute here for more information. Notable Exceptions: Employers may request criminal history information before the first interview if: 1) the check is required by law; or 2) the applicant may be legally precluded from holding the position by virtue of his or her criminal background; or 3) if an applicant mentions or discloses criminal history data during the initial application process; or 4) if the employee is a domestic servants, independent contractors (but not interns or apprentices), and directors and trustees. |
| Key Municipal Employment Restriction on Private Employers | At one time, restrictions applied to Newark employers with 5 or more employees. However, this law was negated by a New Jersey state law that went in effect on March 1, 2015. |
| Must Provide Notice | User must give the consumer notice of investigative consumer report and the right to have a copy of the report. See the statute here for more information. |
| Must Provide Notice | User must provide notice of state rights prior to taking adverse action against the consumer, the end-user must provide a copy of consumer rights under New Jersey state law along with the FCRA Summary of Rights. See the statute here for more information. |
| Prohibits salary history inquiry during the hiring process | State agencies are prohibited from inquiring about an applicant's past salary, per Executive Order 1, 2/1/18. |
| Use of Social Media Password Information | An employer can not require or request a current or prospective employee to provide or disclose any user name or password, or in any way provide the employer access to, a personal account through an electronic communications device. See the statute here for more information. |
