The Chamber of Commerce Southern New Jersey (CCSNJ) respectfully opposes S-2136 (Moriarty) which places various requirements on employers when making job postings and throughout the hiring process. While the intent of the bill to improve transparency in the job hiring process is commendable, we believe it presents several significant concerns for businesses in South Jersey. The CCSNJ is concerned that this will make New Jersey an outlier and places yet another onerous mandate on businesses at a time when employers are struggling to fill positions and need flexibility to attract candidates.

The bill mandates that employers must remove job postings once a position is filled and include specific information about the status and anticipated filling timeframe of the position. Additionally, the bill imposes requirements on third-party job posting companies and grants the Department of Labor and Workforce Development (DOL) the authority to audit employers and job posting companies, with potential civil penalties for non-compliance.

The CCSNJ is concerned that S-2136 (Moriarty) limits employers flexibility in the hiring process. The requirement for employers to update job postings with precise information about the status of a position and anticipated timeframe introduces considerable administrative burdens. For small and medium-sized businesses, these additional obligations could strain resources and divert attention from core business operations. The cost of compliance, including potentially hiring additional staff or investing in new technology, would be significant. The CCSNJ is concerned about the harsh penalties that small businesses with limited resources could face should they inadvertently fail to maintain updates to their job postings.

Additionally, the bill’s requirement for employers to provide an affirmative response to applicants within a specified timeframe, even if the position is still open, could have unintended negative consequences. S-2136 (Moriarty) mandates that an employer provides all interviewed applicants with an affirmative response as to whether the position has been filled, or if the position has not been filled, whether the employer is still considering the applicant for the position. For positions where employers are considering multiple qualified candidates, the bill's requirements could create complications. Employers would be required to provide updates to each candidate on the status of their application and the position, potentially leading to confusion and delays. When awaiting a candidate’s decision on accepting an offer, all those in the process could be delayed in moving forward.

Also, S-2136 (Moriarty) mandate to provide a specific timeframe for filling a position removes the flexibility that employers currently have to adjust their hiring processes based on evolving needs and circumstances. In hiring, the ability to extend or shorten the timeframe based on factors such as candidate availability or changing business priorities is crucial. The rigid timeframe requirements could hinder an employer's ability to make well-considered hiring decisions.

Finally, this legislation will negatively impact third-party job posting companies. These companies play a crucial role in the job market, and increased regulation could lead to higher fees for businesses using these services, ultimately affecting the affordability and accessibility of job postings. The CCSNJ maintains a job board for our members, giving them an additional outlet to post open positions. Members do not always communicate the internal hiring steps to the Chamber staff.  Chamber members would no longer be able to take advantage of this benefit as the Chamber would not be able to maintain the job board to keep up with the mandates in this legislation. 

The CCSNJ recommends exploring alternative approaches that balance transparency with practical considerations for employers and job posting companies. We look forward to further discussions on solutions that address the intent of the bill while minimizing undue burdens on businesses and enhancing the efficiency of the job market. Thank you for allowing the CCSNJ to express our concerns with S-2136 (Moriarty).