By: Ty Hyderally, Esq. and Francine Foner, Esq.

August 30, 2024

Unfortunately, many immigrant workers suffer at the hands of ruthless employers who fail to properly compensate immigrant workers in accordance with state and federal wage laws. Such employers then escape liability by intimidating workers against reporting such wage violations by threatening to expose the employees’ immigration status. However, New Jersey Governor Phil Murphy recently signed into law legislation aimed at protecting immigrant workers from exploitation by such unscrupulous employers. On August 8, 2024, Governor Murphy signed into law a provision which imposes civil penalties on any employers who disclose or threaten to disclose an employee’s immigration status, for the purpose of concealing any violation of State wage laws, as well as violations of State benefit and tax laws.

The new law imposes penalties against employers for threatening disclosure of immigrant workers’ immigration status in order to prevent employees from reporting employer violations of State wage, benefit or tax law, or the State unemployment and disability benefits laws. For example, while employers are subject to penalties under the New Jersey State Wage and Hour Law or the Wage Payment Law, this measure imposes additional penalties against employers who not only fail to pay an employee appropriate wages, but also threaten an employee based on the employee’s immigration status, to pressure the employee against reporting a violation. Penalties for the first violation can be up to $1,000; for the second violation up to $5,000, and for any subsequent violation, up to $10,000.

In a press release appearing on Governor’s Murphy’s website, Lt. Governor Tahesha Way applauded the measure, stating “New Jersey’s greatest strength lies in its diverse and dedicated workforce. 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.”

Robert Asaro-Angelo, Commissioner of the New Jersey Department of Labor and Workforce Development, which agency is charged with enforcing the new penalties, is also quoted on the Governor’s website as expressing his support of the new law, stating:  “The Labor Department is committed to safeguarding the rights of all workers, regardless of immigration status. This law is another crucial step to ensuring all workers are treated fairly and justly, and reinforces the state’s dedication to upholding the integrity of New Jersey’s top-tier labor standards.”

The alleged violator also has the right to request a hearing after being provided with notice of the alleged violation(s). The law became effective immediately upon its being signed into law on August 8, 2024.

Hopefully, the risk of being hit with penalties will discourage employers from threatening to expose the immigration status of their immigrant workers for the purpose of concealing employer violations of state wage, benefit or tax laws, or state unemployment and disability benefits laws.

En nuestra firma hablamos español. This blog is for informational purposes only.  It does not constitute legal advice, and may not reasonably be relied upon as such.  If you face a legal issue, you should consult a qualified attorney for independent legal advice with regard to your particular set of facts.  This blog may constitute attorney advertising.  This blog is not intended to communicate with anyone in a state or other jurisdiction where such a blog may fail to comply with all laws and ethical rules of that state of jurisdiction.