Bill Text: NJ S2278 | 2018-2019 | Regular Session | Introduced
Bill Title: Establishes services for reporting employer and employment service violations and requires posting of certain notifications.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-03-12 - Introduced in the Senate, Referred to Senate Labor Committee [S2278 Detail]
Download: New_Jersey-2018-S2278-Introduced.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
Establishes services for reporting employer and employment service violations and requires posting of certain notifications.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing services for reporting employer and employment service violations 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. The commissioner shall establish, maintain, and prominently display on the department's website, toll-free telephone hotline and electronic mail services for reporting of violations by employers and employment services of laws, including, but not limited to:
(1) the State wage and hour laws, including article 1 of chapter 11 of Title 34 of the Revised Statutes and all acts supplementing that article (R.S.34:11-2 et al.), P.L.1966, c.113 and all acts supplementing that act (C.34:11-56a et al.), and article 3 of chapter 11 of Title 34 of the Revised Statutes (R.S.34:11-57 et seq.);
(2) the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.); and
(3) the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.).
The services shall assist in the reporting of criminal or other violations, and may refer matters to other State agencies when appropriate. The services shall also assist in connecting workers to appropriate agencies within the Department of Labor and Workforce Development, the United States Department of Labor, or other government agency that may assist any worker to claim a benefit.
b. The commissioner shall include among the staff persons for the services persons who speak English and Spanish, as well as persons fluent in any other language that the commissioner determines is the first language of a significant number of workers in the State.
c. The commissioner shall establish procedures for anonymous reporting to the reporting services of violations by employers and employment services.
2. a. Every employer and employment service in this State shall conspicuously post notification, in a place or places accessible to all workers in each of the employer's workplaces or the employment service's locations, in a form issued by regulation promulgated by the commissioner, giving a brief summary of workers' rights in the State, and notifying the workers of the reporting services established pursuant to section 1 of this act. In the case of a temporary help service firm providing workers with transportation services to get to or return from the site of work, the notification shall be conspicuously posted in the transportation, as well as at the physical location of the temporary help service firm.
b. The employer or employment service shall provide each worker of the employer, including any individual placed by a temporary help service firm, with a written copy of the notification:
(1) not later than 30 days after the form of the notification is issued by the commissioner;
(2) at the time of the worker's first hiring or placement, if the worker is hired or placed after the issuance;
(3) annually, on or before December 31 of each year, if the worker is an ongoing employee or placement of the employer or employment service; and
(4) at any time, upon the first request of the worker.
c. The employer or employment service shall make the written copy of the notification available to each worker via printed material, including, but not limited to, a pay check insert, brochure, or similar informational packet provided to new hires or placements.
d. The commissioner shall make the notification required by this section available in English, Spanish, and any other language that the commissioner determines is the first language of a significant number of workers in the State. The employer or employment service shall post and provide the notification in English, Spanish, and any other language for which the commissioner has made the notification available and which the employer or employment service reasonably believes is the first language of a significant number of workers in the employer's or employment service's workforce.
e. The notification requirements of this act shall be in addition to the notification requirements of any other law or regulation. The commissioner shall update any employer notifications required pursuant to current law or regulation to include the toll-free telephone hotline and electronic mail service contact information created pursuant to this act, and may consolidate notices required by different laws or regulations, including this act, to the extent practicable, but this subsection shall not be construed as reducing the responsibility of any employer or employment service to comply with all requirements of this act.
f. As used in this act, "employment service" means a temporary help service firm required to comply with the provisions of P.L.1960, c.39 (C.56:8-1 et seq.) or an employment agency regulated pursuant to P.L.1989, c.331 (C.34:8-43 et seq.).
3. It shall be an unlawful practice for an employer or employment service to violate any provisions of section 2 of this act, or take adverse action against an employee or placement in retaliation for the worker's use of the services established pursuant to this act. An employer or employment service that violates the provisions of section 2 of this act or retaliates against a worker shall be liable to a civil penalty of not less than $1,000 for the first violation, not less than $1,500 for the second violation, and not less than $2,000 for the third and each subsequent violation. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An agent of the Attorney General or the Commissioner of Labor and Workforce Development, or a local law enforcement officer having enforcement authority in the municipality may issue a summons for a violation of the provisions of section 2 of this act, and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court of the State of New Jersey. A penalty recovered under the provisions of this section shall be recovered by and in the name of the State.
4. This act shall take effect immediately, except that section 2 shall take effect only after the commissioner has promulgated the regulations and created the notification forms necessary to effectuate the purposes of this act.
STATEMENT
This bill requires the Commissioner of Labor and Workforce Development to establish, maintain, and prominently display on the Department of Labor and Workforce Department's website, toll-free telephone hotline and electronic mail services for reporting of violations by employers and employment services of laws, including, but not limited to, the State wage and hour laws, the "New Jersey Prevailing Wage Act," and the "Law Against Discrimination."
The reporting services are to assist in the reporting of criminal or other violations, and may refer matters to other State agencies when necessary. The services will also assist in connecting workers to appropriate agencies within the Department of Labor and Workforce Development, the United States Department of Labor, or any other government agency that may assist any worker to claim a benefit.
The bill directs the commissioner to include among the staff persons for the services persons who speak English and Spanish, as well as persons fluent in any other language that the commissioner determines is the first language of a significant number of workers in the State.
The commissioner is also directed to establish procedures for anonymous reporting to the reporting services of violations by employers and employment services.
The bill requires every employer and employment service in this State to conspicuously post notification, in a place or places accessible to all workers in each of the employer's or employment service's workplaces, in a form issued by regulation of the commissioner, giving a brief summary of workers' rights in the State, and notifying the workers of the reporting services established by the bill. In the case of a temporary help service firm providing workers with transportation services to get to or return from the site of work, the notification must be conspicuously posted in the transportation, as well as at the physical location of the firm.
The employer or employment service is required to provide each worker of the employer with a written copy of the notification:
1. not later than 30 days after the form of the notification is issued by the commissioner;
2. at the time of the worker's first hiring or placement, if that is after the issuance;
3. annually, on or before December 31 of each year, if the worker is an ongoing employee or placement; and
4. at any time upon the first request of the worker.
The employer or employment service must make the written copy of the notification available to each worker via printed material, including, but not limited to, a pay check insert, brochure, or similar informational packet provided to new hires or placements.
It requires that employers post and provide the notification in English, Spanish, and any other language for which the commissioner has made the notification available and which an employer or employment service reasonably believes is the first language of a significant number of workers in the employer's workforce.
The bill permits the commissioner to consolidate, to the extent practicable, notices required by the bill and other laws or regulations, but not reduce the responsibility of any employer or employment service to comply with the bill's requirements.
