Bill Text: NJ A3365 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes the "New Jersey Employer Identity Disclosure Act".*
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-06-24 - Assembly Floor Amendment Passed (Eustace) [A3365 Detail]
Download: New_Jersey-2012-A3365-Introduced.html
Sponsored by:
Assemblyman TIMOTHY J. EUSTACE
District 38 (Bergen and Passaic)
SYNOPSIS
Establishes the "New Jersey Employer Identity Disclosure Act"; requires employers disclose certain information to job seekers.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring employers to disclose certain information to job seekers and supplementing Title 34 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "New Jersey Employer Identity Disclosure Act."
2. As used in this act:
"Accepting employment" means that a job seeker has entered into an agreement with an employer which includes the terms and conditions of employment, the salary or wages and any benefits to be paid to the job seeker as compensation for employment, and the date, time, and place at which employment will commence.
"Employer" means a person, partnership, corporation, limited liability company, trust, association or any other entity that employs individuals in this State.
"Job seeker" means any individual seeking employment.
3. Every employer, or employer's agent or representative, shall provide to a job seeker, prior to accepting employment with the employer, a disclosure statement setting forth the following information:
a. The full, legal name of the employer who will be in charge of directing or supervising the services performed by, and paying compensation to, the job seeker upon accepting employment; and
b. The precise address of the employer's base of operations, or, if there is no base of operations, the place from which the employer will direct or supervise the services to be performed by the job seeker upon accepting employment.
At any time before or after accepting employment with an employer, a job seeker may request a written or electronic copy of the disclosure statement required pursuant to this section, and the copy of the disclosure shall be provided to the job seeker in a timely manner.
4. No employer, or employer's agent or representative, shall knowingly or purposefully publish, in print or electronically, an advertisement for any job vacancy in this State that distorts, obscures, or in any way attempts to misinform a jobseeker by providing information regarding the employer-employee relationship that is false or contrary to the disclosure statement required pursuant to section 3 of this act.
5. a. No employer, or employer's agent or representative, shall in any way penalize or discriminate against a job seeker because the job seeker has exercised any right established in this act.
b. An employer who is found to have penalized or discriminated against any job seeker for exercising a right established in this act commits a disorderly persons offense and shall be liable to the job seeker for damages.
6. A violation of any provision of this act shall constitute an unlawful practice and shall be subject to, in addition to any other remedies or penalties provided by law, a civil penalty in the amount of $1,000 for a first offense, and $2,500 for subsequent offenses, collectible by the Commissioner of Labor and Workforce Development in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
7. This act shall take effect immediately.
STATEMENT
This bill provides that an employer must provide to job seekers a disclosure statement setting forth the precise identity and location of the employer who will be directing or supervising the services performed by, and paying compensation to, the job seeker upon accepting employment.
Under the bill, the employer must provide the disclosure statement prior to the job seeker accepting employment, or, if requested by the job seeker, provide a copy of the disclosure statement at any time before or after the job seeker accepts employment.
The bill also prohibits an employer from knowingly or purposefully publishing, in print or electronically, an advertisement for any job vacancy in this State that distorts, obscures, or in any way attempts to misinform a jobseeker by providing information regarding the employer-employee relationship that is false or contrary to the disclosure statement required by the bill.
An employer is also prohibited, from penalizing or discriminating against a job seeker because the job seeker has exercised any right established under this bill. An employer that is found to have penalized or discriminated against a job seeker commits a disorderly persons offense and is liable to the job seeker for damages.
The bill provides that a violation of any provision of the bill constitutes an unlawful practice and, in addition to any other remedies or penalties provided by law, a civil penalty in the amount of $1,000 for a first offense, and $2,500 for subsequent offenses, shall be collectible by the Commissioner of Labor and Workforce Development.
