Acting Governor Way today signed legislation in Trenton that imposes civil penalties on employers who disclose or threaten to disclose an employee’s immigration status to cover up their own labor violations.
State employment laws provide broad protections for employees regardless of their immigration status. However, fear of an employer revealing their immigration status may deter employees from reporting violations. This bill mandates that any employer who threatens to expose an employee's immigration status or discloses it to authorities to conceal wage violations or other infractions will face civil penalties, in addition to existing penalties for the underlying employment violations.
"New Jersey’s greatest strength lies in its diverse and dedicated workforce,” said Acting Governor Way. “No worker should face harassment or intimidation from their employers. This legislation reaffirms our administration’s commitment to creating a safe and supportive environment, ensuring all workers have the legal protections they need to feel secure in their day-to-day lives."
These penalties will be enforced by the Commissioner of Labor and Workforce Development, who will ensure that employees are protected from being unfairly treated or intimidated by their employers.
If the Commissioner finds that an employer has disclosed or threatened to disclose an employee's immigration status to conceal violations of state wage, benefit, and tax laws, then the Commissioner can impose strict administrative penalties.
“The Labor Department is committed to safeguarding the rights of all workers, regardless of immigration status,” said Robert Asaro-Angelo, Commissioner of the New Jersey Department of Labor and Workforce Development. “This law is another crucial step to ensuring all workers are treated fairly and justly, and reinforces the state’s dedication to upholding the integrity of New Jersey’s top-tier labor standards.”
“No worker should be forced to turn a blind eye to their employer’s unlawful behavior out of fear of being prosecuted for their immigration status,” said Senate Majority Leader M. Teresa Ruiz. “By establishing a penalty for employers who weaponized an employee’s immigration status against them to violate the law, we will protect workers' rights and hold businesses accountable for exploitative behavior.”
“All employees, regardless of immigration status, deserve the right to a safe and fair work environment,” said Senator Angela McKnight. “This measure will discourage businesses from behaving unethically and will impose penalties for those found to have violated the law.”
“The legislation signed today is a crucial step in protecting our workforce. No employee should have to live in fear of being exposed or threatened because of their immigration status,” said Assemblywoman Alixon Collazos-Gill. “By imposing strict penalties on employers who engage in such behavior in an attempt to cover up violations, we send a clear message that New Jersey is not only a safe place to live but a safe place to work as well.”
“Workers should feel safe reporting violations without fear of retaliation based on their immigration status,” said Assemblywoman Shanique Speight. “New Jersey will not tolerate exploitation in the workplace; taking advantage of people who simply want to earn a wage in order to support their families is morally wrong and has no place in this state.”
“The protection of workers’ rights is paramount and this legislation ensures that employers who threaten or disclose an employee’s immigration status in an attempt to conceal a violation are penalized appropriately,” said Assemblywoman Annette Quijano. “By enacting these penalties, we are holding employers accountable for their actions."
"Today's signing of this crucial legislation by Acting Governor Way marks a significant step forward in protecting the rights of workers across New Jersey," said Anthony Abrantes, Assistant Executive Secretary-Treasurer of the Eastern Atlantic States Regional Council of Carpenters.
"All New Jerseyans deserve the ability to earn a living without having their employer disclose or threaten disclosure of their immigration status," said Sarah Fajardo, ACLU-NJ Policy Director.
“The Latino Action Network Foundation commends Governor Murphy, Acting Governor Way, and our State Legislature for centering New Jersey’s commitment to working-class Latino immigrant families," said Dr. Jesselly De La Cruz, Executive Director at Latino Action Network Foundation.
"This important piece addresses crooked contractors exploiting workers' immigration statuses," stated Michael E. Hellstrom Vice President and Eastern Regional Manager of Laborers' International Union of North America (LIUNA).
“Immigrant workers participate at higher rates than native-born workers; they deserve equal protections," added Erik Cruz Morales from New Jersey Alliance for Immigrant Justice.
"Immigrant workers are essential; no one should fear retaliation based on their status," emphasized Garrett O'Connor from Make the Road NJ.
“This is a significant step forward embodying inclusivity and fairness,” concluded Marleina Ubel from New Jersey Policy Perspective.
