34:11-79 Overlapping employment relationship, domestic worker, subject to joint, several liability, concurrent fines, penalties.

565 words·~3 min read·/nj/title-34/chapter-11/34-11-79

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

21. a. Individuals and employers with an overlapping employment relationship with a domestic worker are subject to joint and several liability, and concurrent fines and penalties, in connection with P.L.2023, c.262 (C.34:11-69 et al.).

b. A domestic worker or other person representing a domestic worker may report to the department any suspected violation of P.L.2023, c.262 (C.34:11-69 et al.).

c. The department shall take any steps as it deems appropriate to resolve complaints and enforce P.L.2023, c.262 (C.34:11-69 et al.), including, but not limited to, establishing a system to receive complaints regarding noncompliance with P.L.2023, c.262 (C.34:11-69 et al.), investigating alleged violations in a timely manner and resolving complaints through a separate "referral" process for claims of domestic workers.

d. The department shall have the power to subpoena records and testimony from any party to a complaint. The records shall be provided to the department within 30 days after receipt of the subpoena.

e. Any person alleging a violation of P.L.2023, c.262 (C.34:11-69 et al.) shall file a complaint with the department within two years of the date that the person knew or should have known of the alleged violation.

f. Upon establishment of a system of administrative adjudication, the department shall have the power to impose the penalties and fines for a violation of P.L.2023, c.262 (C.34:11-69 et al.), and to provide or obtain appropriate relief. Remedies may include reinstatement and full restitution to the domestic worker for lost wages and benefits, including presumed damages to be awarded to a domestic worker for the hiring entity's or employer's violation of P.L.2023, c.262 (C.34:11-69 et al.). The department shall determine by regulation an amount of presumed damages.

g. A hiring entity or an employer who knowingly retaliates against an employee for any activity protected under P.L.2023, c.262 (C.34:11-69 et al.), or any other knowing violation of P.L.2023, c.262 (C.34:11-69 et al.), shall be a crime of the fourth degree. Otherwise, it shall be a disorderly persons offense and the hiring entity or employer shall, upon conviction for a violation, be punished by a fine of not less than $100 not 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 P.L.2023, c.262 (C.34:11-69 et al.) continues shall constitute a separate and distinct offense, and the employment of any domestic worker in violation of P.L.2023, c.262 (C.34:11-69 et al.), shall, with respect to each domestic worker employed, constitute a separate and violation.

h. Any domestic worker or person who is aggrieved by a violation of P.L.2023, c.262 (C.34:11-69 et al.), or the department may bring civil action in a court of competent jurisdiction against a hiring entity or an employer violating P.L.2023, c.262 (C.34:11-69 et al.). Nothing in P.L.2023, c.262 (C.34:11-69 et al.) or its implementing regulations shall be construed to require a complaint to be filed with the department before bringing an action in court. Upon prevailing in an action brought pursuant to this section, an aggrieved person shall be entitled to any legal or equitable relief as may be appropriate to remedy the violation, that is not duplicative of any relief provided to the person in administrative proceedings, including, without limitation, reinstatement in employment, back pay, and injunctive relief.

The aggrieved person shall be entitled to an award of reasonable attorney's fees and costs.

L.2023, c.262, s.21.