On September 27, 2012, a bill (A3365) was proposed that would require employers to provide prospective employees, prior to accepting employment, a disclosure statement identifying: (1) the full legal name of the employer in charge of directing the work and paying compensation to the applicant upon accepting employment; and (2) the precise address of that employer. The bill would also require employers to provide a written or electronic copy of the disclosure statement upon request by the applicant at any time before or after accepting employment, and would prohibit employers from knowingly or purposefully publishing a job advertisement in the State of New Jersey that “distorts, obscures, or in any way attempts to misinform” the applicant by providing information regarding the employer-employee relationship that is false or contrary to the disclosure statement. Finally, the bill would prohibit employers from penalizing or discriminating against applicants who exercise their rights under the law. A violation of the law would constitute a disorderly persons offense, and would lead to liability for damages as well as a civil penalty of $1,000 for the first offense and $2,500 for subsequent offenses (collectible by the Commissioner of Labor).
By Mark Diana
