Bill > S2901

Introduced Session

The bill supplements the "Construction Industry Independent Contractor Act," P.L.2007, c.114 (C.34:20-1 et seq.), which establishes a standard for the misclassification of employees as independent contractors within the construction industry. Specifically, this bill requires employers subject to the provisions of that act to conspicuously post notification of the rights of employees to unemployment benefits, minimum wage, overtime and other federal and State workplace protections, as well as the protections against retaliation and the penalties provided under P.L.2007, c.114 (C.34:20-1 et seq.). The bill requires employers to provide workers 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 individual's hiring, if the individual is hired after the issuance; and (3) at any time, upon the first request of the individual. This notice must contain contact information for individuals working for the employer or their representatives to file complaints or inquire with a representative of the Commissioner of Labor and Workforce Development about the provisions and possible violations of P.L.2007, c.114 (C.34:20-1 et seq.), as well as be provided in English, Spanish or other languages required by the commissioner. Employers who violate these provisions will be guilty of a disorderly persons offense and, upon conviction, be subject to a civil penalty of up to $1,500 for a first violation, and up to $5,000 for any subsequent violation within a five year period.

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Nilsa Cruz-Perez (D)*, 

Introduced in the Senate, Referred to Senate Labor Committee (on 01/10/2017)