New law in NJ protects unauthorized immigrants on the job

⚫ A new law targets employers who are trying to cheat workers or the state

⚫ The law further protects one's immigration status in New Jersey

⚫ Penalties can reach as high as $10,000

A new law in the Garden State says one's immigration status can't be used as a reason for punishment on the job.

Acting Gov. Tahesha Way signed a measure into law on Thursday that opens the door for penalties against unsavory employers who may threaten to disclose an employee's immigration status in order to continue operating illegally.

New Jersey already provides protections for employees regarding their immigration status. But officials fear that unauthorized immigrants working in New Jersey may be reluctant to rat out employer violations in fear of the employer revealing their illegal status as retaliation.

What does the new law do?

Under the new rule, civil penalties are on the table for any employer who threatens an employee with exposing their immigration status, or actual does so, in order to conceal wage, benefit, or tax laws.

"New Jersey’s greatest strength lies in its diverse and dedicated workforce,” Way said. “No worker should face harassment or intimidation from their employers."

The Democrat-sponsored measure was approved by the New Jersey Senate unanimously. It cleared the Assembly through a 70-4-3 vote.

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“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 Sen. Teresa Ruiz, D-Essex. “By establishing a penalty for employers who weaponized an employee’s immigration status against them to violate the law, we will protect worker’s rights and hold businesses accountable for exploitative behavior.”

Penalties for violations

For an initial violation, an administrative penalty can be as high as $1,000. The maximum penalty amount increases to $5,000 for a second violation, and increases to $10,000 for subsequent violations.

When determining the size of the penalty, the law says, the New Jersey Department of Labor and Workforce Development can consider factors such as the seriousness of the violation, the size of the employer, and any history of previous violations.

The law takes effect immediately.

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