ASSEMBLY LABOR COMMITTEE

STATEMENT TO

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 4081

STATE OF NEW JERSEY

DATED:  MAY 16, 2024

      The Assembly Labor Committee reports favorably an Assembly Committee Substitute for Assembly Bill No. 4081.

      This bill provides that if the Commissioner of Labor and Workforce Development 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, the commissioner is, in addition to imposing any other remedies or penalties authorized by law, authorized to assess and collect an administrative penalty against the employer.  Specifically, the bill provides for administrative penalties as follows:

      (1)  for the first violation, an administrative penalty not to exceed $1,000;

      (2)  for the second violation, an administrative penalty not to exceed $5,000; and

      (3)  for any subsequent violation, an administrative penalty not to exceed $10,000.

      When determining the amount of the administrative penalty imposed pursuant to the bill’s provisions, the commissioner may consider factors which include 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.  The commissioner may not levy an administrative penalty pursuant to the bill’s provisions 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.

      As reported, this bill is identical to Senate Substitute for Senate Bill No. 2869 of the 2024-2025 Legislative Session.