NJ Businesses That ‘Threaten’ Immigrant Workers Will Face Penalties

NEW JERSEY — A new state law will hit employers who threaten immigrant workers in order to cover up labor violations where it hurts, supporters say: their wallets.

On Thursday, New Jersey Lt. Gov. Tahesha Way – serving as acting governor – signed A-4081/S-2869 into law. The legislation creates penalties for employers who disclose or threaten to disclose an employee's immigration status in an attempt to conceal a violation of state wage, benefit or tax laws.

Supporters say the law will have two big impacts: deterring “exploitation” of workers, and encouraging more employees to report workplace violations.

According to a statement from the governor’s office, other state laws provide broad protections for employees – regardless of their immigration status. However, workers may be reluctant to report employer violations due to fear of their bosses revealing their immigration status.

The new law mandates that any employer who threatens an employee with exposing 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.

Penalties can range up to $1,000 for the first violation, $5,000 for a second violation and $10,000 for any further violations.

The new law takes effect immediately.

“New Jersey’s greatest strength lies in its diverse and dedicated workforce,” Way said.

“No worker should face harassment or intimidation from their employers,” she added. “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.”

A recent study found that undocumented immigrants in New Jersey paid more than $1.32 billion in state and local taxes in 2022. See Related: NJ Undocumented Immigrants Pay $1B In Taxes, Study Says (Here’s How)

Meanwhile, every 1,000 documented immigrants can be expected to earn a combined $21 million in annual wages during their first year in New Jersey – paying a combined $1.8 million in state and local taxes along the way, another study says. See Related: Immigrants Pay Millions In Taxes To New Jersey, Local Towns (Report)

Other support for Thursday’s bill signing came from:

Senate Majority Leader M. Teresa Ruiz – “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. 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.”

Senator Angela McKnight – “All employees, regardless of immigration status, deserve the right to a safe and fair work environment. This measure will discourage businesses from behaving unethically and will impose penalties for those found to have violated the law.”

Assemblywoman Alixon Collazos-Gill – “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. 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.”

Assemblywoman Shanique Speight – “Workers should feel safe to report violations of this nature without the fear of retaliation based on their immigration status. New Jersey will not tolerate exploitation in the work place, 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.”

Assemblywoman Annette Quijano – “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. By enacting these penalties, we are holding employers accountable for their actions.”

Robert Asaro-Angelo, Commissioner of the New Jersey Department of Labor and Workforce Development – “The Labor Department is committed to safeguarding the rights of all workers, regardless of immigration status. 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.”

Sarah Fajardo, ACLU-NJ Policy Director – “All New Jerseyans deserve the ability to earn a living and provide for their families without having their employer disclose or threaten to disclose their immigration status. The ACLU-NJ applauds the Legislature, Governor Murphy, and Acting Governor Way for passing and signing this bill into law and looks forward to collaborating on further beneficial policy initiatives.”

Jesselly De La Cruz, Executive Director at Latino Action Network Foundation – “The Latino Action Network Foundation commends Governor Murphy and our State Legislature for centering New Jersey’s commitment to working-class Latino immigrant families. Immigrants make significant economic contributions in NJ. And this legislation demonstrates how New Jersey can lead the way to ensure that a fair wage is a human right and create policies that protects workers regardless of immigration status.”

Michael Hellstrom Vice President and Eastern Regional Manager of Laborers' International Union of North America (LIUNA) – “This important piece of legislation addresses a deeply disconcerning practice in the construction industry – crooked contractors exploiting the immigration status of workers to gain a competitive advantage over honest contractors, cheat taxpayers, harm workers, and lower industry standards. Giving state officials the tools to effectively conduct investigations and crack down on law-breakers is a very good thing for New Jersey. I applaud Governor Murphy and the bill sponsors for passage of this pro-worker, industry-supporting legislation.”

Erik Cruz Morales, Policy and Advocacy Manager with New Jersey Alliance for Immigrant Justice – “Immigrant workers participate in New Jersey's labor force at a rate 5.2% higher than native-born workers. They deserve equal protections. This new law will establish safeguards against coercion and intimidation based on immigration status. Something that occurs often in the workplace among immigrant workers. We look forward to collaborating with Department of Labor and other stakeholders to ensure effective implementation, so that immigrant workers across New Jersey are fully aware of their rights.”

Garrett O'Connor, director of worker organizing, Make the Road NJ – “Immigrant workers are the backbone of our state - New Jersey is a state of immigrants, and no one should fear retaliation or deportation based on their status. On behalf of the members of Make the Road New Jersey, we commend sponsors Senator Ruiz and Assemblywoman Collazos, and thank Governor Murphy and Lt. Governor Way for their support of this vital legislation.”

Marleina Ubel, Senior Policy Analyst at New Jersey Policy Perspective – “This is a significant step forward in New Jersey’s efforts to embody its values of inclusivity and fairness. Despite federal protections, undocumented workers are more likely to face discrimination and exploitation in the workplace. Supporting all workers means ensuring immigrants are protected from retaliation and feel empowered to speak out about unlawful behavior from their employers without fear of deportation.”

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