Both sides of the question

Consistent with ARA’s nonpartisan mandate, the report presents the case for and against on equal terms. Supporters, including the law’s sponsors and NJDOL, say posted pay lets people judge a job before applying, helps current workers check whether their own pay is in line, and works against the gaps shown above. Employer groups mostly accepted disclosure itself; their concerns aim at the proposed add-ons, mainly that a fixed 60 percent cap fits some jobs poorly and that rules for outside job boards must stay workable for small businesses. The research record carries a caution for both sides: one major study found average pay about 2 percent lower under one kind of transparency policy, because employers bargain harder when every raise is visible. The report states both sets of facts and lets readers weigh them.

Where New Jersey stands

• Enforcement has started, and so far it fixes rather than fines. In its first initiative, announced March 18, 2026, NJDOL worked with 42 large employers, including nationally known companies and school districts, to fix faulty postings; penalties were waived because they cooperated.

• If a posting for a New Jersey job leaves out the pay or benefits, save a copy showing the date and web address, since online ads disappear, then file a free complaint with NJDOL online, by mail, or by fax; in the online form, choose Other and describe the problem. No lawyer is needed.

• Jersey City has its own stricter rule. Since 2022, employers headquartered there with five or more workers, counting independent contractors, must post both a minimum and a maximum plus benefits. An employer covered by both must follow both.

• Related rights already exist. New Jersey law protects workers who ask about or discuss pay, and since 2020 most employers may not ask applicants for salary history. Federal law has protected private sector workers who discuss pay since 1935, but no federal law puts pay in postings; more than a dozen states do, and bills in Congress remain in committee.