New Jersey has enacted legislation (Senate Bill 2869), which prohibits an employer from coercing workers based on immigration status to violate state employment or labor-related laws. Senate Bill 2869 is effective immediately.

The details

Under the law, an employer found to have coerced or attempted to coerce an employee using the worker's immigration status to violate a state employment or labor-related law may face a civil penalty. See the text of the law for exceptions.

Penalties cannot exceed $1,000 for the first violation, $5,000 for a second violation and $10,000 for subsequent violations and are in addition to penalties that may be imposed by other laws.

For example, an employer that does not pay appropriate wages may face penalties under the "New Jersey State Wage and Hour Law" or the wage payment law. If an employer fails to pay appropriate wages and then threatens an employee based on the employee's immigration status (to prevent the employee from reporting the violation), the employer may face extra penalties.

Covered state employment or labor-related laws include, but are not limited to:

• The New Jersey Prevailing Wage Act;
• The New Jersey State Wage and Hour Law;
• The New Jersey Temporary Disability Benefits Law;
• The New Jersey Gross Income Tax Act; and
• New Jersey's Workers Compensation and Unemployment Compensation laws.
  
  

See the text of the law for further examples.

Next steps

New Jersey employers should update relevant employment policies and train supervisors to help ensure compliance with Senate Bill 2869.