SENATE LABOR COMMITTEE

STATEMENT TO

SENATE, No. 3187

with committee amendments

STATE OF NEW JERSEY

DATED:  MARCH 3, 2025

      The Senate Labor Committee reports favorably and with committee amendments Senate Bill No. 3187.

This bill establishes criminal penalties for certain violations of the New Jersey Prevailing Wage Act. 

     The “New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), establishes penalties for certain fraudulent acts of an employer who is subject to the provisions of the act, 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 provides that a person who commits a violation indicated in the bill is guilty of a crime of the fourth degree, which, under Title 2C, the Criminal Code, is punishable by a fine of up to $10,000, a term of imprisonment of up to 18 months, or both.

     The prevailing wage law currently makes a violator of that law guilty of a disorderly person offense, subject to penalties of $100 to $1,000 and jail time of between ten and 90 days.  The public works contractor registration law currently makes a violator of that law also guilty of a disorderly persons offense, subject to fines of between $2,500 and $25,000, and is disqualification from bidding on or engaging in public work for a period of up to three years.  The current provisions are not repealed by the bill, permitting actions to be taken under either the existing law or the bill.

      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 pursuant to the “Criminal Justice Act of 1970” 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 apply to violations of the “Public Works Contractor Registration Act,” P.L.1999, c.238 (C.34:11-56.48 et seq.), if the violations are committed “knowingly,” instead of, as the “willfully,” as in the introduced version of the bill.”