Acting New Jersey Governor Way signed a new law today that imposes civil penalties on employers who disclose or threaten to disclose an employee’s immigration status to hide their own labor violations.
State employment laws in New Jersey offer extensive protections for all employees, regardless of their immigration status. However, some employees may hesitate to report employer violations due to fear of their immigration status being exposed. The newly signed bill addresses this concern by stipulating that any employer who uses an employee’s immigration status as leverage to conceal wage violations or other labor law breaches will face civil penalties, in addition to existing penalties for the underlying employment violations.
“New Jersey’s greatest strength lies in its diverse and dedicated workforce,” said Acting Governor Way. “No worker should face harassment or intimidation from their employers. This legislation reaffirms our administration’s commitment to creating a safe and supportive environment, ensuring all workers have the legal protections they need to feel secure in their day-to-day lives.”
The enforcement of these penalties will fall under the purview of the Commissioner of Labor and Workforce Development. The Commissioner is tasked with ensuring that employees are protected from unfair treatment or intimidation by their employers.
If the Commissioner determines that an employer has disclosed or threatened to disclose an employee’s immigration status to conceal violations of state wage, benefit, and tax laws, the Commissioner has the authority to impose strict administrative penalties.