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Effective September 1, 2011, the “New Jersey First Act” contains new residency requirements for most public officers and employees.
Current, new, or prospective public employees should be aware that the New Jersey First Act, N.J.S.A. 52:14-7 (L. 2011, Chapter 70), requires employees of all public employers (for example, state, county, and municipal governments), public agencies, authorities, boards, bodies, commissions, public institutions of higher education, certain quasi-public entities, and all school boards to reside in the State of New Jersey unless otherwise exempted under the law.
If you were already working for a covered employer prior to the effective date and you did not live in New Jersey as of the effective date, you are not required to move to New Jersey. However, if you have a break in service or you relocate from another state to New Jersey after the effective date, you might be required to live in New Jersey. If you begin your office, position, or employment on September 1, 2011, or later, you must live in New Jersey unless otherwise exempted. If you do not live in New Jersey, you have one year after the date you start your job to relocate your residence to New Jersey. If you do not do so, you may be removed from your office, position, or employment.
Exemptions to the residency requirement may be granted based on a proven “critical need or hardship.”
APPLICATIONS MUST INCLUDE AN EXPLANATION FOR YOUR NEED FOR EXEMPTION AS WELL AS DOCUMENTATION TO SUPPORT YOUR REQUEST.
If you have questions about the exemption application procedure (that is, how to go about applying for an exemption from the residency requirement of the NJ First Act), call (609) 292-1700 or email the Employee Residency Review Committee at: NJFirst@dol.nj.gov. You may also send your application via regular mail to the address below; however, please note that this typically results in a significant delay in processing:
Employee Residency Review Committee
NJ Department of Labor and Workforce Development
PO Box 110
Trenton, NJ 08625-0110
Do not call the above number or write to the above address with questions of legal interpretation. That is, please do not call or write with questions regarding whether the NJ First Act applies to you or, if you are an employer, whether it applies to one of your employees or prospective employees. Neither the Committee nor the staff of the Department of Labor & Workforce Development who have been assigned to assist the Committee are empowered by law to answer such questions. Again, please use the above listed telephone number and the above listed email address ONLY for questions regarding the exemption application procedure.
