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  • NJ A862
  • Concerns enforcement, penalties, and procedures for law regarding failure to pay wages.*
In Committee
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill assists workers aggrieved by violations of State wage and hour laws by expanding the enforcement provisions available to the Commissioner of Labor and Workforce Development and the remedies available to aggrieved workers. The bill permits a worker to file a claim for wages owed to the worker related to work performed up to six years prior to the filing of a claim for wages. An employer that is found to owe wages to a worker, as alleged in claim for wages, must pay the employee the wages owed plus liquidated damages equal to 200 percent of the wages owed. The bill provides that, upon an investigation of a wage claim, if an employer fails to provide sufficient employee records, as required to be kept under any State wage and hour laws, there is a rebuttable presumption that the employee worked for the employer for the period of time and for the amount of wages as alleged in the wage claim. The bill directs the commissioner to provide priority to a wage claim that is filed with assistance from a community-based or legal services organization. A community-based or legal services organization that provides professional services to investigate, prepare, or represent a worker that files a wage claim may seek costs and reasonable attorney's fees as part of a judgment against an employer, regardless of whether the professional services are provided by an attorney. Upon issuing a decision finding wages due to a worker in an amount equal to or greater than $5,000, the commissioner must inform the employer of the commissioner's intention to conduct an audit of the employer or any successor firm of the employer pursuant to N.J.S.A.34:1A-1.12, and the commissioner must notify the Division of Taxation in the Department of the Treasury of the decision and recommend that the division conduct an audit of the employer to ensure the proper withholding and payment of payroll and other taxes by the employer. The bill directs the Department of Labor and Workforce Development to contract with community-based and legal service organizations to disseminate information to workers and assist workers aggrieved by violations of State wage and hour laws. Finally, the commissioner must submit a report biannually to the Legislature on the effectiveness and efficiency of the department's enforcement and administration of wage claims and wage collections.
2nd Reading in the Assembly, Budget, Labor
Reported from Assembly Comm. as a Substitute, 2nd Reading  (on 12/12/2016)
Date Chamber Action Description
12/12/2016 A Reported from Assembly Comm. as a Substitute, 2nd Reading
12/12/2016 A Recommitted to Assembly Labor Committee
12/12/2016 Assembly Labor Hearing (10:00 12/12/2016 Committee Room 15, Fourth Floor)
6/23/2016 Assembly Budget Hearing (10:00 6/23/2016 Committee Room 11, 4th Floor)
6/20/2016 A Reported from Assembly Comm. as a Substitute, 2nd Reading
6/20/2016 A Transferred to Assembly Judiciary Committee
6/20/2016 Assembly Judiciary Hearing (10:00 6/20/2016 Committee Room 12, 4th Floor)
1/27/2016 A Introduced, Referred to Assembly Labor Committee
Date Motion Yea Nay Other
Detail 12/12/2016 Assembly Labor Committee: Reported with Substitution 5 2 2
Detail 6/20/2016 Assembly Judiciary Committee: Reported with Substitution 5 2 0