Legislation Broadens Protections for Immigrant Workers

On Aug 8, 2024

Acting Governor Tahesha Way today signed legislation that imposes civil penalties on any employers who disclose or threaten to disclose an employee’s immigration status in order to cover up their own labor violations.   

State employment laws provide broad protections for employees regardless of their immigration status. However, an employee may be reluctant to report employer violations due to fear of the employer revealing their immigration status. This bill mandates that any employer who threatens an employee with exposing their immigration status or discloses their immigration status to authorities in order to conceal wage violations or other violations will face civil penalties, in addition to any 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 worker’s rights and hold businesses accountable for exploitative behavior.”

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