34:21-18 Discharged service employee, bring action in court, successor employer, awarding authority, violations,

214 words·~1 min read·/nj/title-34/chapter-21/34-21-18

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

3. a. A service employee who has been discharged or otherwise not retained in violation of P.L.2023, c.128 (C.34:21-16 et seq.) may bring an action in a court of competent jurisdiction against a successor employer for any violation of section 2 of P.L.2023, c.128 (C.34:21-17), and against an awarding authority for any violation of subsection a. of section 2 of P.L.2023, c.128 (C.34:21-17).

b. The court may impose, for a first violation of P.L.2023, c.128 (C.34:21-16 et seq.), a fine not exceeding $2,500, and, for a second and each subsequent violation, a fine not exceeding $5,000. Each week, in any day of which a violation occurs, shall constitute a separate offense.

(1)The court may award the employee reasonable attorney's fees and costs.

(2)The court may require the violator to pay restitution to an employee deprived of wages or benefits due to the violation of P.L.2023, c.128 (C.34:21-16 et seq.).

(3)The court may require the violator to pay consequential damages arising due to the violation of P.L.2023, c.128 (C.34:21-16 et seq.).

(4)The court may issue injunctive relief requiring a successor employer to employ employees in compliance with P.L.2023, c.128 (C.34:21-16 et seq.) and for the provision of any information required pursuant to section 2 of P.L.2023, c.128 (C.34:21-17).

L.2023, c.128, s.3.