Bill Text: NJ S2188 | 2018-2019 | Regular Session | Amended
Bill Title: Concerns notification of employees of procedures for wage claims.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-05-16 - Received in the Assembly, Referred to Assembly Labor Committee [S2188 Detail]
Download: New_Jersey-2018-S2188-Amended.html
Sponsored by:
Senator TROY SINGLETON
District 7 (Burlington)
SYNOPSIS
Concerns labor contractors.
CURRENT VERSION OF TEXT
As reported by the Senate Labor Committee on June 11, 2018, with amendments.
An Act concerning labor contractors and supplementing Title 34 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Each employer shall provide each current employee, and each newly hired employee of the employer, a written copy of the statement produced by the Department of Labor and Workforce Development pursuant to subsection b. of this section, which explains the procedures for an employee to file a claim for underpaid or unpaid wages. The employer shall obtain a signed statement from the employee that the employee has received the statement1, which may be evidenced by an electronic signature of the employee, as defined in section 2 of P.L.2001, c.116, (C.12A:12-2)1.
b. The department shall produce, and make available to the public on website of the department, a statement explaining the procedures for employees to file a claim for underpaid or unpaid wages. The statement shall include information regarding how to file a claim, how best to assist the department in expediting a claim in a timely manner, how to file an anonymous claim, how to appeal a decision, and how to file a complaint against an employer for terminating an employee allegedly because of employee complaints about unpaid or underpaid wages.
2. a. Any labor contractor that provides workers to a client employer 1in the construction industry1 shall:
(1) certify that the labor contractor has not charged recruitment fees to the workers;
(2) certify that the contractor is in compliance with all State and federal labor laws and regulations applicable to the contractor, including laws concerning wages, unemployment and temporary disability insurance, workers' compensation insurance, workplace safety and health, and the payment of payroll taxes; and
(3) certify that the owner or owners, and any employee of the labor contractor entity engaged in providing workers to client employers, have had criminal background checks in compliance with standards promulgated by the commissioner.
b. All certifications required by this act shall, in compliance with standards promulgated by the commissioner, be kept in written form on file by the contractor for not less than three years after the period of time to which they apply and be provided to the commissioner upon request, and provided to any client employer to whom the contractor provides 1[noncitizen]1 workers at the time that the workers are provided. The client employer shall also keep the written certifications on file for a period of not less than three years after the period to which they apply and provide them to the commissioner upon request.
3. Any labor contractor or client employer who violates this act shall be subject to a civil penalty in an amount not to exceed $1,000 per worker supplied to a client employer by the labor contractor for the first violation, $5,000 per worker supplied to a client employer by the labor contractor for the second violation and $10,000 per worker supplied to a client employer by the labor contractor for each subsequent violation, collectible by the commissioner in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Each worker that a labor contractor supplies to a client employer without complying with the certification requirements of this act shall constitute a separate violation. Each worker that a client employer obtains from a labor contractor without obtaining certification from the contractor as required by this act shall constitute a separate violation.
4. This act shall take effect immediately.
