Section 34:1A-1.20a - Employer disclosure of immigration status to conceal violation of State wage, benefit, tax laws, prohibited; penaltiesa. If the Commissioner of Labor and Workforce Development finds that an employer has, for the purpose of concealing any violation of State wage, benefit and tax laws, disclosed or threatened to disclose to a public body an employee's immigration status, the commissioner is, in addition to imposing any other remedies or penalties authorized by law, authorized to assess and collect an administrative penalty as follows: (1) for the first violation, an administrative penalty not to exceed $1,000;(2) for the second violation, an administrative penalty not to exceed $5,000; and(3) for any subsequent violation, an administrative penalty not to exceed $10,000.b. When determining the amount of the administrative penalty imposed pursuant to subsection a. of this section, the commissioner shall consider factors which include the history of previous violations by the employer, the seriousness of the violation, the good faith of the employer, and the size of the employer's business. No administrative penalty shall be levied pursuant to this section unless the commissioner provides the alleged violator with notification of the violation and of the amount of administrative penalty and unless the commissioner provides the alleged violator an opportunity to request a hearing before the commissioner or the commissioner's designee.c. For violations of subsection a. of this section that occur for the purpose of concealing a violation of any State wage, benefit, or tax law, other than the State unemployment and disability benefits laws, the alleged violator may request a hearing within 15 days following receipt of the notice. If a hearing is requested, the commissioner shall issue a final order upon such hearing and a finding that the violation has occurred. If no hearing is requested, the notice shall become a final order upon expiration of the 15-day period. For violations subject to this subsection c., payment of the administrative penalty shall be due when the final order is issued or when the notice becomes the final order.d. For violations of subsection a. of this section that occur for the purpose of concealing a violation of the State unemployment and disability benefits laws, the alleged violator may request a hearing in the manner and within the time prescribed by those laws, and payment of the administrative penalty shall be due when assessment for contributions, penalties and interest are due pursuant to subsection (d) of R.S.43:21-14 or section 31 of P.L.1948, c.110 (C.43:21-55).e. Any administrative penalty imposed pursuant to this section may be recovered with costs in a summary proceeding commenced by the commissioner pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).f. Any sum collected as an administrative penalty pursuant to this section shall be applied toward enforcement and administration costs of the Division of Wage and Hour Compliance within the Department of Labor and Workforce Development responsible for enforcement of the State wage, benefit, or tax law the violation of which the employer sought to conceal by disclosing or threatening to disclose an employee's immigration status. Nothing in this section shall prevent the commissioner from assessing interest, penalties, or other fees allowable by law.g. For purposes of this section, "State wage, benefit and tax laws" means "State wage, benefit and tax laws" as defined in section 1 of P.L.2009, c.194 (C.34:1A-1.11), and "State unemployment and disability benefits laws" means the "unemployment compensation law," R.S.43:21-1 et seq., and the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.).Amended by L. 2024, c. 51,s. 1, eff. 8/8/2024.