34:11C-5 Violations; penalties.

227 words·~1 min read·/nj/title-34/chapter-11c/34-11c-5

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

5. a. Upon a violation of any of the provisions of section 3 or section 4 of this act, an employee or former employee may institute a civil action in the Superior Court for relief. All remedies available in common law tort actions shall be available to a prevailing plaintiff. The court may also order any or all of the following relief:

(1)an assessment of a civil fine of not less than $1,000 and not more than $2,000 for the first violation of any of the provisions of section 3 or section 4 of this act and not more than $5,000 for each subsequent violation;

(2)an injunction to restrain the continued violation of any of the provisions of section 3 or section 4 of this act;

(3)reinstatement of the employee to the same position or to a position equivalent to that which the employee held prior to unlawful discharge or retaliatory action;

(4)reinstatement of full fringe benefits and seniority rights;

(5)Compensation for any lost wages, benefits and other remuneration;

(6)payment of reasonable costs and attorney's fees.

b. An action brought under this section shall be commenced within one year of the date of the alleged violation.

c. A private cause of action provided for in this section shall be the sole remedy for a violation of this act.

L.2013, c.82, s.5.