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Bill > S2363


NJ S2363

NJ S2363
Requires certain contractors to verify work authorization of newly hired employees.


summary

Introduced
06/16/2016
In Committee
06/16/2016
Crossed Over
Passed
Dead
01/08/2018

Introduced Session

2016-2017 Regular Session

Bill Summary

This bill requires every contractor who is required to pay its employees the prevailing wage rate as determined by the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), to verify the employment eligibility of its employees through the E-Verify program. E-Verify is an electronic verification of work authorization program jointly operated by the United States Department of Homeland Security and the Social Security Administration. The bill requires these contractors to use the E-Verify program to verify the employment eligibility of all employees hired after June 30, 2016. The bill directs the Commissioner of the Department of Labor and Workforce Development to develop a Statewide random auditing program to inspect contractors for compliance with the E-Verify requirement. The commissioner is also directed, upon receipt of a written and signed complaint against a contractor, or upon an investigation initiated by the commissioner for good cause, to institute an investigation if the commissioner finds reasonable grounds exist that a contractor violated the E-Verify requirement. The bill provides for the assessment of a civil penalty of not less than $500 and not more than $1,000 on contractors found to be in violation of the E-Verify requirement. For a first occurrence involving a violation, if the contractor complies within 72 hours of notification by the commissioner, the contractor shall not be assessed a penalty. Any subsequent occurrence involving a violation by the contractor will result in the assessment of a civil penalty by the commissioner, and the commissioner may deny renewal, revoke, or suspend, for a period of not more than one year, the contractor's registration under "The Public Works Contractor Registration Act," P.L.1999, c.238 (C.34:11-56.48 et seq.). A subsequent occurrence shall be treated as a first occurrence if the contractor has not committed a violation of the E-Verify requirement within the previous five years.

AI Summary

This bill requires certain contractors who are required to pay the prevailing wage rate under the New Jersey Prevailing Wage Act to verify the employment eligibility of their newly hired employees through the E-Verify program, which is a joint program operated by the U.S. Department of Homeland Security and the Social Security Administration. The bill directs the Commissioner of the Department of Labor and Workforce Development to develop a statewide random auditing program to inspect contractors for compliance and to investigate any written complaints or other good cause investigations. The bill imposes civil penalties of $500 to $1,000 for violations, with a waiver of the penalty for a first-time violation if the contractor complies within 72 hours. The Commissioner may also deny, revoke, or suspend a contractor's registration for subsequent violations.

Committee Categories

Labor and Employment

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Labor Committee (on 06/16/2016)

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