To ensure all New Jersey employees are fairly and timely compensated for their work, Acting New Jersey Governor Sheila Oliver signed S1790 into law this week which amends the existing New Jersey Wage Payment Law (NJWPL) to provide significantly more protections for employees who have been victims of wage theft. The new law makes it a disorderly persons offense for employers to fail to pay wages when due as required by law, or fail to pay compensation or benefits within 30 days when due.
An employer found to have violated the NJWPL as amended will now be required to pay the victimized employee his or her wages owed in addition to liquidated damages equal to 200% of the wages owed as well as reasonable costs of the action to the employee. The employer will also be fined $500 plus a penalty equal to 20% of any wages owed for the first offense, followed by $1,000 plus a penalty equal to 20% of any wages owed for each subsequent offense. Supporters of the new legislation hope that its stricter penalties for violations will hold employers accountable for unpaid wages more than the existing wage and hour legislation does. “Above all else, this law is about workers’ rights. Employers in New Jersey should be held to a high standard to treat their employees with the decency and legality they deserve. No one should be withheld one penny of the wages they are legally entitled to,” said Assemblyman Wayne DeAngelo, who sponsored the bill before it was signed into effect.
S1790 also prohibits employers’ retaliatory conduct by increasing the penalties against employers who retaliate against employees for filing wage complaints. Any such employer who does so commits a disorderly persons offense and upon conviction, is required to pay a fine between $100 to $1000. The employer is also liable to the employee for all wages lost as a result of the retaliation as well as damages equal to 200% of the wages lost as a result of the retaliation, and reasonable costs of the action to the employee. If the employee was retaliatorily discharged, the employer is required to offer reinstatement, unless the reinstatement is prohibited by law.