NEW JERSEY
7)
Enforcement: what are the penalties for violations? Criminal
or fines?
A.) Such contract shall also contain a provision
that in the event it is found that any worker, employed by the
contractor or any subcontractor covered by said contract, has
been paid a rate of wages less than the prevailing wage required
to be paid by such contract the public body or lessor may terminate
the contractor's or subcontractor's right to proceed with the
work, or such part of the work as to which there has been a
failure to pay required wages and to prosecute the work to completion
or otherwise. The contractor and his sureties shall be liable
to the public body or lessor for any excess costs occasioned
thereby.
* This information can be found: 34:11-56.26
B.) If the employer fails to provide the requested records within
10 days, the commissioner may direct within 15 days the fiscal
or financial officer charged with the custody and disbursements
of the funds of the public body which contracted for the public
work immediately to withhold from payment to the employer up
to 25% of the amount, not to exceed $100,000.00, to be paid
to the employer under the terms of the contract pursuant to
which the public work is being performed. The amount withheld
shall be immediately released upon receipt by the public body
of a notice from the commissioner indicating that the request
for records has been satisfied.
* This information can be found 34:11-56.31
(d)
C.) (a) Any employer who willfully hinders or delays the commissioner
in the performance of his duties in the enforcement of this
act, or fails to make, keep, and preserve any records as required
under the provisions of this act, or falsifies any such record,
or refuses to make any such record accessible to the commissioner
upon demand, or refuses to furnish a sworn statement of such
record or any other information required for the proper enforcement
of this act to the commissioner upon demand, or pays or agrees
to pay wages at a rate less than the rate applicable under this
act or otherwise violates any provision of this act or of any
regulation or order issued under this act shall be guilty of
a disorderly persons offense and shall, upon conviction therefor,
be fined not less than $100.00 nor more than $1,000 or be imprisoned
for not less than 10 nor more than 90 days, or by both such
fine and imprisonment. Each week, in any day of which a worker
is paid less than the rate applicable to him under this act
and each worker so paid, shall constitute a separate offense.
(b) As an alternative to or in addition to any
other sanctions provided by law for violations of any provision
of P.L.1963, c. 150 (C. 34:11-56.25 et seq.), when the Commissioner
of Labor finds that an employer has violated that act, the commissioner
is authorized to assess and collect administrative penalties,
up to a maximum of $2,500 for a first violation and up to a
maximum of $5,000 for each subsequent violation, specified in
a schedule of penalties to be promulgated as a rule or regulation
by the commissioner in accordance with the "Administrative
Procedure Act,'' P.L.1968, c. 410 (C. 52:14B-1 et seq.). When
determining the amount of the penalty imposed because of a violation,
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 of Labor provides
the alleged violator with notification of the violation and
of the amount of the penalty by certified mail and an opportunity
to request a hearing before the commissioner or his designee
within 15 days following the receipt of the notice. If a hearing
is requested, the commissioner shall issue a final order upon
such hearing and a finding that a violation has occurred. If
no hearing is requested, the notice shall become a final order
upon expiration of the 15-day period. Payment of the penalty
is due when a final order is issued or when the notice becomes
a final order. Any 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.). Any
sum collected as a fine or penalty pursuant to this section
shall be applied toward enforcement and administration costs
of the Division of Workplace Standards in the Department of
Labor.
(c) When the Commissioner of Labor finds that the employer has
violated provisions of P.L.1963, c.150 (C.34:11-56.25 et seq.),
the commissioner may refer the matter to the Attorney General
or his designee for investigation and prosecution. Nothing in
this subsection shall be deemed to limit the authority of the
Attorney General to investigate and prosecute violations of
the New Jersey Code of Criminal Justice, nor to limit the commissioner's
ability to refer any matter for criminal investigation or prosecution.
*This information can be found 34:11-56.35
D.) In the event that the commissioner shall
determine, after investigation, that any contractor or subcontractor
has failed to pay the prevailing wage he shall thereupon list
and keep on record the name of such contractor or subcontractor
and forthwith give notice by mail of such list to any public
body who shall request the commissioner so to do. Where the
person responsible denies that a failure to pay the prevailing
wage has occurred, he shall have the right to apply to the commissioner
for a hearing which must be afforded and a decision rendered
within 48 hours of the request for a hearing. If the commissioner
rules against the petitioning party he shall have the right
to apply for injunctive relief in the Superior Court against
the listing by the commissioner.
*This information can be found 34:11-56.37
E.) Any employer who discharges or in any other
manner discriminates against any worker because the worker has
made any complaint to his employer, to the public body or to
the commissioner that he has not been paid wages in accordance
with the provisions of this act, or because the worker has caused
to be instituted or is about to cause to be instituted any proceeding
under or related to this act, or because the worker has testified
or is about to testify in any such proceeding shall be guilty
of a disorderly persons offense and shall, upon conviction therefor,
be fined not less than $100 nor more than $1,000.
*This information can be found 34:11-56.39
F.) As an alternative to or in addition to any
other sanctions provided by law for violations of any provision
of P.L.1963, c. 150 (C. 34:11-56.25 et seq.), when the Commissioner
of Labor finds that an employer has violated that act, the commissioner
is authorized to assess and collect administrative penalties,
up to a maximum of $250 for a first violation and up to a maximum
of $500 for each subsequent violation, specified in a schedule
of penalties to be promulgated as a rule or regulation by the
commissioner in accordance with the "Administrative Procedure
Act,'' P.L.1968, c. 410 (C. 52:14B-1 et seq.).
*This information can be found 34:11-56.39
