Hiring employees in New Jersey: the 2026 compliance checklist for employers and recruiters

As of October 2026, an employer hiring in New Jersey has to file Form NJ-REG as an employer, carry workers' compensation from the first person who works for it, include a pay range and benefits summary in job postings once it has 10 or more employees, keep criminal history questions until after the first interview if it has 15 or more, give each new hire the earned sick leave notice (plus the gender equity notice at 50 or more employees), have them complete Form NJ-W4, and report the hire, or the new independent contractor, within 20 days. New Jersey also bans salary history screening, limits cannabis-based hiring decisions, and treats discriminatory AI screening as a civil rights violation.

This page is the New Jersey hub: one table with every item and its official source, then a short section on each. Where we already have a full guide to an item, the section summarizes it and links there.

The New Jersey hiring checklist at a glance

What must be in place before the first New Jersey hire?

One registration and workers' compensation. The Division of Revenue and Enterprise Services says any business with employees must get an EIN and then "file the tax/employer registration form (Form NJ-REG)," after a certificate of formation for corporations and LLCs, on its Getting Registered page. Workers' compensation has no headcount threshold: the Department of Labor's employer requirements say all New Jersey employers not covered by federal programs must have coverage or approved self-insurance once "any one or more individuals" perform services for pay, and that out-of-state employers may need it when work is performed in New Jersey. The federal layer (an EIN, Form W-4 and Form I-9 by the third business day) applies on top.

Does a staffing or recruiting agency need a New Jersey license?

Usually yes. The Private Employment Agency Act, N.J.S.A. 34:8-43 et seq., administered by the Division of Consumer Affairs, reaches firms paid by job seekers, firms that supply workers on a temporary basis and firms that find work for performers or models, while executive search firms paid only by the employer have a named "consulting firm" exemption. Temporary help service firms register in their own category and carry the added duties of the 2023 Temporary Workers' Bill of Rights. Our New Jersey staffing agency license guide covers fees, bonds and the exemptions.

What must a New Jersey job posting include, and can you ask about pay history?

A range, once you are covered. The Department of Labor says the pay and benefits transparency law took effect June 1, 2025 and covers any employer that "has 10 or more employees over 20 or more calendar weeks" and "does business, employs persons, or takes applications for employment within New Jersey." Postings must show an hourly wage or salary range and a general description of benefits; our New Jersey pay transparency guide covers the 60% spread rule, the temporary-firm carve-out and penalties.

Salary history is off the table as a screen at any size. N.J.S.A. 34:6B-20, in effect since January 1, 2020, bars screening applicants on salary history or requiring it to meet a minimum or maximum. A number the candidate volunteers may be considered and verified, and an employment agency may not pass a candidate's pay history to a client without written consent. Details and a script are in our New Jersey salary history ban page.

When can you ask about criminal history or run a credit check?

After the first interview. The Opportunity to Compete Act bars employers with 15 or more employees, including staffing and placement agencies, from asking about an applicant's criminal record on an application or in conversation during the initial employment application process, which ends with the first interview, and bans job ads saying people with records will not be considered. It does not require an individualized assessment, which leaves the federal FCRA steps as the main process after a check. See our New Jersey ban-the-box guide.

We found no statewide New Jersey statute limiting employer credit checks; New Jersey is not in our credit check laws guide, so the federal FCRA rules govern. The Division on Civil Rights' disparate impact rules, described below, add one point on records: excluding applicants based on criminal history "may have a disparate impact," and a practice that includes an individualized assessment of the record and mitigating information "is likely to be a less discriminatory alternative."

Can you record or transcribe a job interview in New Jersey?

Yes, if you are on the call. Under N.J.S.A. 2A:156A-4(d), a private person may intercept a communication "where such person is a party to the communication or one of the parties to the communication has given prior consent," unless the purpose is criminal, tortious or otherwise injurious. The practical problem is geography: Pennsylvania, across the river, requires every party's consent. Our New Jersey recording consent guide and recording calls across state lines cover the cross-border cases; announcing the recording and getting a yes covers both states.

Does New Jersey regulate AI in hiring?

Yes, through its anti-discrimination law. The Division on Civil Rights adopted disparate impact rules at N.J.A.C. 13:16, published in the New Jersey Register on December 15, 2025, which explain "how employers' use of automated online application tools or facial analysis software in hiring employees may have a disparate impact based on protected characteristics." The Division says the rules "do not create additional liability" but clarify how claims are analyzed. The rule text adds two practical points: a tool that screens applicants by their availability "must include a mechanism for applicants to request a reasonable accommodation," and a tool that has not been "adequately tested" before use may itself have a disparate impact. They build on the Attorney General's January 2025 guidance on algorithmic discrimination; see our state-by-state AI hiring summary.

Can you drug test applicants in New Jersey?

Yes, but not to screen out cannabis users. Section 48 of the cannabis law, N.J.S.A. 24:6I-52, says no employer "shall refuse to hire or employ any person" because that person "does or does not smoke, vape, aerosolize or otherwise use cannabis items." A drug test may be part of pre-employment screening, but it "shall include scientifically reliable objective testing methods and procedures" and "a physical evaluation" by a certified individual to judge impairment. Our drug testing laws guide walks through a New Jersey example.

Does New Jersey require E-Verify?

No. As of October 2026 no New Jersey statute requires private employers, public employers or state contractors to use E-Verify, and none restricts voluntary use. Three bills introduced in the 2026-2027 session, including A191, sit in the Labor committees without a vote. Federal contracts with the FAR E-Verify clause still require it. See E-Verify requirements in New Jersey.

Which state withholding form does a new hire complete?

Form NJ-W4, the Employee's Withholding Allowance Certificate. The Division of Taxation says "New Jersey employers must furnish Form NJ-W4 to their employees and withhold New Jersey Income Tax at the rate selected." An employee generally completes it once, but anyone claiming exemption because their income is below the filing threshold "must submit a new form every year," and employers keep the federal W-4s and NJ-W4s with payroll records for the Division to inspect.

Which notices must a new New Jersey employee get at hire?

• Earned sick leave. N.J.S.A. 34:11D-7 requires a written copy of the Department of Labor's notice "at the time of the employee's hiring," in addition to posting it, in English, Spanish or another available first language.
• Gender equity notice. An employer with 50 or more employees must give each worker a written copy "at the time of the worker's hiring," every year by December 31 and on request, under N.J.S.A. 34:11-56.12. The worker signs an acknowledgment, in writing or electronically, and returns it within 30 days.
• Posters. The Department of Labor's employer poster packet lists the workplace posters, including family leave insurance, unemployment and disability insurance and the misclassification notice.

How do you report a new hire in New Jersey?

Report to the New Jersey State Directory of New Hires, which the Division of Child Support describes as due "within 20 days of hire." The statute, N.J.S.A. 2A:17-56.61 as amended in 2013, is broader than most: it covers "the hiring of, or contracting with, any person who works in this State and to whom the employer anticipates paying earnings," so independent contractors are reported too, along with rehires and people returning after at least 60 days away. The report includes the person's name, address, date of birth and Social Security number and the employer's name, address and FEIN; electronic filers report every 15 days. After a written warning, the penalty is up to $25 per violation, or $500 if employer and employee conspired not to report.

The New Jersey hiring steps in order

1. Before the first hire: get an EIN, file NJ-REG and bind workers' compensation. Agencies confirm their license or temporary help registration.
2. Posting: include the range and benefits summary at 10 or more employees, and no ad language excluding people with records.
3. Screening: no salary history screens, no criminal history questions before the first interview (15 or more employees).
4. Interview: as a party you may record; announce it and get a yes, especially with Pennsylvania candidates.
5. Conditional offer: run background checks under the FCRA, and any cannabis test with the required physical evaluation.
6. First day: Form I-9, W-4 and NJ-W4, the earned sick leave notice and, at 50 or more employees, the gender equity notice with acknowledgment.
7. Within 20 days: report the hire, or the new contractor, to the State Directory of New Hires.

Hiring in more than one state? The same checklist is available for Georgia, North Carolina, Michigan, Virginia, Washington and Arizona.