NJ Law Banning Must-Be-Employed Job Ads Upheld

Law360, New York (January 7, 2014, 5:28 PM EST) -- A New Jersey law that bans employers from stating in a job advertisement that applicants must be employed elsewhere survived a constitutional challenge on Tuesday, with a state appellate court rejecting Crest Ultrasonics' arguments that the statute violates its free speech rights.

The New Jersey Appellate Division said the 2011 law is narrowly tailored with a limited but significant goal of helping unemployed workers present their qualifications to potential employers. Employers can still ignore applications from jobless candidates, but some may catch their eye, according to...
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