STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman LINDA S. CARTER
District 22 (Somerset and Union)
Assemblywoman YVONNE LOPEZ
District 19 (Middlesex)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Co-Sponsored by:
Assemblymen Miller, Hutchison, Sampson, Assemblywoman Simmons, Assemblymen Abdelaziz, Danielsen, Assemblywomen Katz, Morales, Assemblyman Singh, Assemblywomen Speight, Collazos-Gill, Park, Assemblyman Bailey and Assemblywoman Murphy
SYNOPSIS
Establishes criminal penalties for certain violations of the "New Jersey Prevailing Wage Act."
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act establishing criminal penalties for certain violations of the “New Jersey Prevailing Wage Act” and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. It shall be a crime of the fourth degree for an employer to:
(1) knowingly falsify a certified payroll record or other record required pursuant to the provisions of the “New Jersey Prevailing Wage Act,” P.L.1963, c.150 (C.34:11-56.25 et seq.); or
(2) knowingly make, or cause to be made, a false, deceptive, or fraudulent statement on a public works contractor registration form in connection with the requirements pursuant to section 5 of P.L.1999, c.238 (C.34:11-56.52).
b. A county prosecutor or the Commissioner of Labor and Workforce Development, as appropriate, shall notify the Attorney General that a violation of this section has occurred so that the Attorney General may make a determination regarding whether to exercise the authority granted to the Attorney General pursuant to section 10 of P.L.1970, c.74 (C.52:17B-106) 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.
c. A penalty imposed pursuant to this section shall be in addition to any other penalty that may be imposed in connection with the offense.
2. This act shall take effect immediately.
STATEMENT
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.