New Jersey Passes Law Penalizing Employers for Threatening to Report or Reporting Workers’ Immigration Status

On August 8, 2024, acting Governor of New Jersey, Tahesha Way, signed a bill into law which goes into effect immediately, providing additional protections to New Jersey’s immigrant workers who expose or threaten to expose violations in the workplace.  

Specifically, employers who threaten to report or report a worker’s immigration status to a public body to conceal their own violations of New Jersey’s employment and tax laws, will be fined up to $1,000 for their first violation, up to $5,000 for their second violation, and up to $10,000 for any subsequent violation.  Any fines collected will be put towards New Jersey’s Department of Labor and Workforce Development’s budget for administration and enforcement of labor laws. 

These fines are separate from any additional penalties or monies employers may have to pay in connection with the underlying offense, such as part of a settlement or court proceeding. For example, if a worker files a complaint in court alleging an employer failed to pay them minimum wage and the employer discloses the worker’s immigration status to a public body in retaliation, the employer may have to pay additional penalties and monies in connection with the lawsuit, in addition to the fines under the new law.

The new law protects all workers regardless of immigration status, including individuals with work visas and work authorizations. Notably, New Jersey has been at the forefront of States that have recently passed legislation affording workers and immigrants additional protections, including new laws that bolster workplace protections and wages for domestic workers. 

Workers who believe their employer has retaliated against them based on their immigration status or has subjected them to other workplace violations, should seek legal counsel to analyze their potential claims.