ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 4374

STATE OF NEW JERSEY

DATED:  MAY 8, 2025

      The Assembly Judiciary Committee reports favorably and with committee amendments Assembly Bill No. 4374.

This bill establishes criminal penalties for certain violations of the “New Jersey Prevailing Wage Act," (prevailing wage law), P.L.1963, c.150 (C.34:11-56.25 et seq.). 

     The bill establishes penalties for fraudulent acts of an employer who is subject to the provisions of the prevailing wage law, including: knowingly falsifying a record required under the provisions of the prevailing wage law; or knowingly making, or causing to be made, a false, deceptive or fraudulent statement on the public works contractor registration form required under the “Public Works Contractor Registration Act,” P.L.1999, c.238 (C.34:11-56.48 et seq.).  The bill further provides that a person who commits a violation indicated in the bill is guilty of a crime of the fourth degree.  A crime of the fourth degree is ordinarily punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.

     Under current law, a violator of the prevailing wage law would be guilty of a disorderly person offense, however, the term of imprisonment is limited to 90 days.  A disorderly persons offense is ordinarily punishable by terms of up six months in jail, a fine of up to of $1,000, or both.  A violator of the Public Works Contractor Registration Act provides that a violator of that law is also guilty of a disorderly persons offense, in addition to fines up to $25,000, and is disqualification from bidding on or engaging in public work for a period of up to three years. 

      The bill further provides that a county prosecutor or the Commissioner of Labor and Workforce Development, as appropriate, is required to notify the Attorney General that a violation under the bill has occurred so that the Attorney General may make a determination regarding whether to exercise the authority granted to the Attorney General to supersede a county prosecutor for the purpose of prosecuting or investigating the violation or, if appropriate, to refer the case to the county prosecutor for investigation and prosecution or other appropriate legal action.

COMMITTEE AMENDMENTS:

      The committee amendments make the penalties in the bill that apply to violations of the “Public Works Contractor Registration Act” if the violations are committed “knowingly,” instead of “willfully.”