Bill > A4822

Introduced Session

The purpose of this bill is to protect the welfare of working minors by helping to implement the goal of the child labor law of preventing excessive or hazardous work from interfering with their educational success, health, or general well-being. The bill strengthens the enforcement of the State's child labor law by providing: 1. An increase in the minimum fines for a knowing violation of the law to $500 for an initial violation and $1,000 for each subsequent violation, the same as the minimum fines currently imposed for knowing violations of the wage payment, minimum wage, and prevailing wage laws. 2. That it is a third degree crime, with minimum fines of $1,000 for an initial violation and $2,000 for subsequent violations, for an employer to employ a minor not registered and authorized to work, to employ a minor during days or weeks in which school is in session at times or for an amount of time not allowed by the child labor law, or to employ a minor in hazardous work with equipment or in occupations or workplaces prohibited by that law. 3. That an employer is guilty of a second degree crime, with a minimum fine of $4,000, if a child, while employed by the employer in violation of the child labor law, suffers any injury, occupational disease, or death which is currently compensable at twice the regular rate under the workers' compensation law. 4. That an employer who is convicted of a crime of the third or second degree under the bill will have its registration and authorization to employ minors suspended for not less than one year if convicted of a third degree crime, and not less than two years if convicted of a second degree crime. 5. That an employer who applies for registration and authorization to employ minors after the effective date of the bill is required to acknowledge receipt of a written statement from the Department of Labor and Workforce Development of the requirements of the child labor law and provide a written affirmation that the employer understands and agrees to comply with those requirements before being registered and authorized to employ minors. An employer who was already registered as of the effective date of the bill is required to provide the acknowledgement and affirmation not more than 10 business days after receiving the statement from the department, or have the registration revoked until the employer provides the acknowledgement and affirmation. 6. That an employer who employs minors without obtaining the required registration, or who employs minors during the period in which the employer's registration is suspended or revoked, will be barred from employing minors for a period of three years in addition to any other period of debarment. 7. That an employer who takes retaliatory actions against an employee for making complaints or initiating actions regarding violations of the child labor law is guilty of disorderly persons offense punishable by specified fines and penalties, and required to pay lost wages and liquidated damages of up to 200% of the lost wages, and offer reinstatement if the employee was discharged in retaliation. These remedies are identical to the anti-retaliation provisions of the wage payment and minimum wage laws.

AI Summary

Committee Categories

Julio Marenco (D)*, 

Introduced, Referred to Assembly Labor Committee (on 09/19/2024)

Official Document