Sponsored by:
Assemblyman JULIO MARENCO
District 33 (Hudson)
SYNOPSIS
Strengthens enforcement of child labor law.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning violations of the child labor law and amending and supplementing P.L.1940, c.153.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 19 of P.L.1940, c.153 (C.34:2-21.19) is amended to read as follows:
19. a. Whoever employs or permits or suffers any minor to be employed or to work in violation of [this act] the child labor law, P.L.1940, c.153 (C.34:2-21.1 et seq.), or of any regulation adopted, or order or ruling issued, under the provisions of [this act] that law, or obstructs the Department of Labor and Workforce Development, its officers or agents, or any other person authorized to inspect places of employment under [this act] that law, and whoever, having under his control or custody any minor, permits or suffers him to be employed or to work in violation of [this act] that law, shall be guilty of an offense[. If] and subject to the following penalties:
(1) except as provided in paragraphs (2) and (3) of this subsection a., and except as provided by section 2 of P.L. , c. (C. )(pending before the Legislature as this bill), if a defendant acts knowingly, an offense under this section shall be a crime of the fourth degree subject to the penalties for a crime of the fourth degree provided by N.J.S. 2C:43-3, N.J.S.2C:43-6 and N.J.S.2C:44-1, except that the minimum fine shall be $500 for an initial violation and $1,000 for each subsequent violation. Otherwise it shall be a disorderly persons offense and the defendant shall, upon conviction for a violation, be punished by a fine of not less than $100 nor more than $2,000 for an initial violation and not less than $200 nor more than $4,000 for each subsequent violation. Each day during which any violation of [this act] that law continues shall constitute a separate and distinct offense, and the employment of any minor in violation of [the act] that law shall with respect to each minor so employed, constitute a separate and distinct offense;
(2) the offense shall be a crime of the third degree and subject to the penalties for a crime of the third degree provided by N.J.S. 2C:43-3, N.J.S.2C:43-6 and N.J.S.2C:44-1 (except that the minimum fine shall be $1,000 for an initial violation and $2,000 for each subsequent violation), if the defendant:
(a) employs a minor who is not registered and authorized to work as required by section 6 of P.L.2022, c.63 (C.34:2-21.1a);
(b) employs a minor during days or weeks in which school is in session at times or for an amount of time which is in violation of the provisions of the child labor law, P.L.1940, c.153 (C.34:2-21.1 et seq.), or any regulation adopted, or order or ruling issued, pursuant to that law: or
(c) employs the minor to work with equipment, or in occupations or workplaces, which are prohibited by the child labor law, P.L.1940, c.153 (C.34:2-21.1 et seq.), or any regulation adopted, or order or ruling issued, pursuant to that law; and
(3) the offense shall be a crime of the second degree and employer shall be subject to the penalties for a crime of the second degree provided by N.J.S.2C:43-3, N.J.S.2C:43-6 and N.J.S.2C:44-1 (except that the minimum fine shall be $4,000), if, in the course of any employment which is in violation of the provisions of the child labor law, P.L.1940, c.153 (C.34:2-21.1 et seq.), or any regulation adopted, or order or ruling issued, pursuant to that law, a minor suffers an accident, occupational disease, or death compensable under the workers compensation law, R.S.34:15-1 et seq., in an amount which, pursuant to R.S.34:15-10, is double the amount payable under the schedules provided in R.S.34:15-12 and R.S.34:15-13.
An employer who is convicted of a crime of the third or second degree pursuant to this subsection a. shall have the registration made pursuant to section 6 of P.L.2022, c.63 (C.34:2-21.1a) suspended for not less than one year if the employer is convicted of a crime of the third degree, and not less than two years if the employer is convicted of a crime of the second degree, and the employer shall be barred from employing minors during the time of the suspension.
The department shall prepare a written statement of the requirements of the child labor law, P.L.1940, c.153 (C.34:2-21.1 et seq.), which includes a comprehensive description of all penalties and sanctions for violations of that law as provided by this section and section 2 of P.L. , c. (C. )(pending before the Legislature as this bill) indicating which violations are subject to which penalties and sanctions. The statement shall be provided to an employer who applies to register and be authorized to employ minors pursuant to section 6 of P.L.2022, c.63 (C.34:2-21.1a) when the application is made if it is made after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). If an application is made after the effective date, the department shall not provide the registration and authorization until the employer provides a written acknowledgement of receiving the statement and a written affirmation that the employer understands and agrees to comply with those requirements. If an employer is already registered as of the effective date, the department shall revoke the registration and authorization unless the employer provides to the department the acknowledgment and affirmation not more than 20 business days after receiving the statement from the department, and the revocation shall remain in effect until the employer provides the required acknowledgment and affirmation. The department shall, not later than 90 days after the effective date, provide the statement to all employers who were already registered as of the effective date. The department shall, for each employer, keep on file with the registration a copy of the acknowledgement and affirmation. If the employer violates a provision of the child labor law described in the statement, the violation shall be regarded, for the purposes of this section, as a violation made knowingly.
Any employer who employs one or more minors without obtaining the registration required by section 6 of P.L.2022, c.63 (C.34:2-21.1a), or who employs one or more minors during the period that the employers registration is suspended or revoked pursuant to this subsection a., shall be barred from employing minors for a period of three years in addition to any other period of debarment.
b. As an alternative to or in addition to any other sanctions provided by law for violations of the child labor law, P.L.1940, c.153 (C.34:2-21.1 et seq.) or of any regulation adopted, or order or ruling issued, pursuant to that law, or for any retaliatory action taken against an employee in violation of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), when the Commissioner of Labor and Workforce Development finds that an individual has [violated that act] committed the violation, the commissioner is authorized to assess and collect administrative penalties of not more than $500 for a first violation, not more than $1,000 for a second violation, and not more than $2,500 for each subsequent violation, specified in a schedule of penalties to be promulgated as a rule or regulation by the commissioner in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). When determining the amount of the penalty imposed because