N.J. Admin. Code § 12:58-5.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 12:58-5.3 - Administrative penalties

(a) As an alternative to, or in addition to, any other sanctions provided for in 12:58-5.2, pursuant to 34:2-21.1 et seq., when the Commissioner finds that an employer has violated that Act, the Commissioner is authorized to assess and collect administrative penalties in the amounts that follow:

1. First violation--not more than $250.00;

2. Second and subsequent violations--not less than $25.00 nor more than $500.00.

(b) No administrative penalty shall be levied pursuant to this subchapter unless the Commissioner provides the alleged violator with notification by certified mail of the violation and the amount of the penalty and an opportunity to request a formal hearing. A request for a formal hearing must be received within 15 business days following the receipt of the notice.

1. If a hearing is not requested, the notice shall become a final order upon the expiration of the 15 business days following the receipt of the notice.

2. If a hearing is requested, the Commissioner shall issue a final order upon such hearing and a finding that a violation has occurred.

3. All wages due, fees and penalties shall be paid within 30 days of the date of final order. Failure to pay such wages due, fees and/or penalty shall result in a judgment being obtained in a court of competent jurisdiction.

4. All payments shall be made payable to the Commissioner of Labor and Workforce Development, Child Labor Account. All payments shall be made by certified check or money order, or payable in a form suitable to the Commissioner of Labor and Workforce Development.

(c) When the Commissioner assesses an administrative penalty pursuant to this chapter, the Commissioner shall consider the following factors, where applicable, in determining what constitutes an appropriate penalty for the particular violations:

1. The seriousness of the violation;

2. The past history of previous violations by the employer;

3. The good faith of the employer;

4. The size of the employer's business; and

5. Any other factors which the Commissioner deems to be appropriate in the determining of the penalty assessed.

N.J. Admin. Code § 12:58-5.3

Amended by R.1995 d.549, effective 10/16/1995.
See: 27 N.J.R. 2873(a), 27 N.J.R. 3962(b).
Amended by R.2006 d.90, effective 2/21/2006.
See: 37 N.J.R. 4173(a), 38 N.J.R. 1191(a).
Added "and Workforce Development" throughout (b)4.