TRENTON, NJ — New legislation has been enacted in New Jersey to address employers’ misuse of immigration status in violating state labor laws. The law, authored by the State Senate and General Assembly, grants the Commissioner of Labor and Workforce Development enhanced powers to impose administrative penalties on employers who disclose or threaten to disclose an employee’s immigration status to conceal violations of state wage, benefit, and tax laws.
Under the new regulations:
- A first-time violation can attract a penalty of up to $1,000.
- A second violation may result in a penalty up to $5,000.
- Any subsequent violations could see penalties of up to $10,000.
The determination of these penalties will consider several factors, including the employer’s violation history, the seriousness of the violation, the employer’s good faith, and the size of the business. Importantly, no penalty will be imposed without first notifying the alleged violator and providing an opportunity to request a hearing.
For violations directly related to non-compliance with state unemployment and disability benefits laws, specific hearing procedures outlined in those laws apply. Otherwise, alleged violators have 15 days from notification to request a hearing for other types of violations.
Proceeds from these penalties are earmarked for enforcement and administrative costs within the Division of Wage and Hour Compliance at the Department of Labor and Workforce Development. This move aims to reinforce the state’s commitment to fair labor practices and the protection of workers regardless of immigration status. The act is effective immediately, signaling rapid enforcement and compliance expectations.
