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  • NJ A4278
  • Establishes service for reporting employer and employment service violations and requires posting of certain notifications.
Introduced
(10/20/2016)
In Committee
(6/22/2017)
Crossed Over
(6/22/2017)
PassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill establishes services for reporting employer and employment service violations and requires employers to post certain notifications informing employees of that service. The bill requires the commissioner to establish, maintain, and prominently display on the department's website, toll-free telephone hotline and electronic mail services for reporting of violations by employers and employment services of laws, including, but not limited to, the State wage and hour laws, the "New Jersey Prevailing Wage Act," and the "Law Against Discrimination." The reporting services are to assist in the reporting of criminal or other violations, and may refer matters to other State agencies when necessary. The services will also assist in connecting workers to appropriate agencies within the Department of Labor and Workforce Development, the United States Department of Labor, or other government agency that may assist any worker to claim a benefit. The bill directs the commissioner to include among the staff persons for the services persons who speak English and Spanish, as well as persons fluent in any other language that the commissioner determines is the first language of a significant number of workers in the State. The commissioner is also directed to establish procedures for anonymous reporting to the reporting services of violations by employers and employment services. The bill requires every employer and employment service in this State to conspicuously post notification, in a place or places accessible to all workers in each of the employer's or employment service's workplaces, in a form issued by regulation promulgated by the commissioner, giving a brief summary of workers' rights in the State, and notifying the workers of the reporting services established pursuant to the bill. In the case of a temporary help service firm providing workers with transportation services to get to or return from the site of work, the notification must be conspicuously posted in the transportation, as well as at the physical location of the temporary help service firm. The employer or employment service is required to provide each worker of the employer with a written copy of the notification: (1) not later than 30 days after the form of the notification is issued by the commissioner; (2) at the time of the worker's hiring or placement, if the worker is hired or placed after the issuance; (3) annually, on or before December 31 of each year, if the worker is an ongoing employee or placement of the employer or employment service; and (4) at any time, upon the first request of the worker. The employer or employment service must make the written copy of the notification available to each worker via printed material, including, but not limited to, a pay check insert, brochure, or similar informational packet provided to new hires or placements. The notification provided by the employer or employment service must contain an acknowledgement that the worker has received the notification and has read and understands its terms. The acknowledgement must be signed by the worker, in writing or by means of electronic verification, and returned to the employer or employment service within 30 days of its receipt. The bill requires the commissioner to make the notification available in English, Spanish, and any other language that the commissioner determines is the first language of a significant number of workers in the State. Employers must post and provide the notification in English, Spanish, and any other language for which the commissioner has made the notification available and which an employer or employment service reasonably believes is the first language of a significant number of workers in the employer's workforce. The notification required pursuant to the bill is to be in addition to any other notifications required pursuant to law or regulation. The commissioner will update any employer notifications required pursuant to current law or regulation to include the toll-free telephone hotline and electronic mail service contact information. The bill provides it is an unlawful practice for an employer or employment service to violate its provisions or take adverse action against an employee or placement in retaliation for the worker's use of the services established pursuant to the bill. An employer or employment service that violates the provisions bill or retaliates against a worker is liable to a civil penalty of not less than $1,000 for the first violation, not less than $1,500 for the second violation, and not less than $2,000 for the third and each subsequent violation.
2nd Reading in the Assembly, Labor, Passed Assembly
Received in the Senate, Referred to Senate Labor Committee  (on 6/22/2017)
 
 

Date Chamber Action Description
6/22/2017 S Received in the Senate, Referred to Senate Labor Committee
6/22/2017 A Passed by the Assembly (51-23-1)
6/1/2017 A Reported out of Assembly Comm. with Amendments, 2nd Reading
6/1/2017 Assembly Appropriations Hearing (19:00 6/1/2017 A-4496 and S-2834 (1R) are both pending referral.)
12/12/2016 A Reported out of Asm. Comm. with Amendments, and Referred to Assembly Appropriations Committee
12/12/2016 Assembly Labor Hearing (10:00 12/12/2016 Committee Room 15, Fourth Floor)
10/20/2016 A Introduced, Referred to Assembly Labor Committee
Date Motion Yea Nay Other
Detail 6/22/2017 Assembly Floor: Third Reading - Final Passage 51 23 6
Detail 6/1/2017 Assembly Appropriations Committee: Reported with Amendments 6 2 3
Detail 12/12/2016 Assembly Labor Committee: Reported with Amendments 6 2 1