On August 8, 2024, Acting New Jersey Governor Way signed S. 2869 into law, establishing civil penalties for employers who disclose or threaten to disclose an employee’s immigration status for the purpose of concealing their own violation of State wage, benefit or tax laws, in addition to existing penalties for the underlying employment violations.
Specifically, the law provides that if the Commissioner of Labor and Workforce Development (“Commissioner”) finds that an employer has, for the purpose of concealing any violation of State wage, benefit and tax laws, disclosed or threatened to disclose to a public body an employee’s immigration status, in addition to imposing any other remedies or penalties authorized by law, the Commissioner is authorized to assess and collect:
- An administrative penalty not to exceed $1,000 for the first violation;
- An administrative penalty not to exceed $5,000 for the second violation; and
- An administrative penalty not to exceed $10,000 for any subsequent violation.
When determining the amount of the administrative penalty to impose, the Commissioner should consider the following factors:
- The history of previous violations by the employer;
- The seriousness of the violation;
- The good faith of the employer; and
- The size of the employer’s business.
An administrative penalty must not be levied unless the Commissioner provides the alleged violator with notification of the violation and of the amount of administrative penalty and unless the Commissioner provides the alleged violator an opportunity to request a hearing before the Commissioner or the Commissioner’s designee.
For violations that occur for the purpose of concealing a violation of any State wage, benefit or tax law, the alleged violator may request a hearing within 15 days following receipt of the notice. If a hearing is requested, the Commissioner shall issue a final order upon such hearing and a finding that the violation has occurred. If no hearing is requested, the notice shall become a final order upon expiration of the 15-day period. Payment of the administrative penalty shall be due when the final order is issued or when the notice becomes the final order.
For violations that occur for the purpose of concealing a violation of the State unemployment and disability benefits laws, the alleged violator may request a hearing in the manner and within the time prescribed by those laws, and payment of the administrative penalty shall be due when assessment for contributions, penalties and interest are due.
The Office of the New Jersey Governor stated that this law sends a strong message to employers who seek to harass, intimidate, or exploit immigrant workers, and further aims to protect them from unfair treatment, retaliation, and intimidation.
This summary is for informational purposes only and is not intended to constitute legal advice. This information should not be reused without permission.