Signed by Governor Phil Murphy

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the state to enforce worker misclassification and stop-work order laws.

Highlights:

• Defines “commissioner” as the Commissioner of Labor and Workforce Development, and includes any designee, authorized representative, or agent acting on behalf of the commissioner (Sec. 1).

• Requires the commissioner to issue an audit on an employer if it is determined that they failed one or more employees on reporting and keeping records on their wages, benefits, and taxes, and in doing so violated state wage, benefit, and tax law within 12 months of the determination being made (Sec. 2).

• Authorizes the Commissioner to issue employer suspensions when it is determined that violations occurred and specifies that the following factors shall be used when determining the length of a suspension, including, but not limited to (Sec. 2):

• The number of employees for which the employer failed to maintain a report for;

• The total number of wages, benefits, taxes, or other contributions not paid by the employer;

• Any other harm resulting from the violation and whether the employer made a good faith effort to comply with the requirements;

• The role of the directors, officers or principals or the employer or successor firm;

• Any prior misconduct by the employer or successor firm; and

• Any other factors the commissioner considers relevant.

• Authorizes the state Office of Attorney General to issue a subpoena and initiate a jury trial if a signed complaint has been brought forward to a superior court against an employer and it is requested by any party involved in an investigation for an aforementioned violation (Sec. 2).

• Specifies that if any entity fails to comply with a lawfully issued subpoena the commissioner may issue a stop-work order against the employer that requires the immediate cessation of all business operations, beginning the date that the order was issued and applying to all employer worksites and places of business (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the state to enforce worker misclassification and stop-work order laws.

Highlights:

• Defines “commissioner” as the Commissioner of Labor and Workforce Development, and includes any designee, authorized representative, or agent acting on behalf of the commissioner (Sec. 1).

• Requires the commissioner to issue an audit on an employer if it is determined that they failed one or more employees on reporting and keeping records on their wages, benefits, and taxes, and in doing so violated state wage, benefit, and tax law within 12 months of the determination being made (Sec. 2).

• Authorizes the Commissioner to issue employer suspensions when it is determined that violations occurred and specifies that the following factors shall be used when determining the length of a suspension, including, but not limited to (Sec. 2):

• The number of employees for which the employer failed to maintain a report for;

• The total number of wages, benefits, taxes, or other contributions not paid by the employer;

• Any other harm resulting from the violation and whether the employer made a good faith effort to comply with the requirements;

• The role of the directors, officers or principals or the employer or successor firm;

• Any prior misconduct by the employer or successor firm; and

• Any other factors the commissioner considers relevant.

• Authorizes the state Office of Attorney General to issue a subpoena and initiate a jury trial if a signed complaint has been brought forward to a superior court against an employer and it is requested by any party involved in an investigation for an aforementioned violation (Sec. 2).

• Specifies that if any entity fails to comply with a lawfully issued subpoena the commissioner may issue a stop-work order against the employer that requires the immediate cessation of all business operations, beginning the date that the order was issued and applying to all employer worksites and places of business (Sec. 2).

Full Bill Text