New Jersey Department of Labor and Workforce Development v. Crest Ultrasonics, A-0417-12T4; Appellate Division; opinion by Sabatino, J.A.D.; decided and approved for publication January 7, 2014. Before Judges Messano, Sabatino and Hayden. On appeal from the Department of Labor and Workforce Development, Agency Ref. No. GE-2619-0911-SIM. DDS No. 25-2-2443 [37 pp.]

Seeking to fill a job vacancy, Crest Ultrasonics, a New Jersey company, posted a newspaper ad stating the applicants “must be currently employed.” In response to a letter asking if it is legal to place an ad that includes such a condition, the Department of Labor and Workforce Development began an investigation. It eventually notified Crest and its chief executive officer that their ad violated N.J.S.A. 34:8B-1, and that they were being fined $1,000.