N.J. Admin. Code § 12:69-1.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 12:69-1.2 - Violations

(a) A violation of the Act and this chapter shall occur when an employer:

1. Willfully hinders or delays the Commissioner in the performance of the duties of the Commissioner in the enforcement of this chapter;

2. Fails to make, keep, and preserve any record required to be so made, kept, and preserved under the provisions of this chapter;

3. Falsifies any such record;

4. Refuses to make any such record accessible to the Commissioner upon demand;

5. Refuses to furnish to the Commissioner, on demand, a sworn statement of such record or any other information required for the proper enforcement of this chapter;

6. Fails to provide earned sick leave to each employee in the amount and in the manner prescribed in the Act or this chapter;

7. Takes a retaliatory personnel action or discriminates against an employee in violation of the Act or this chapter; or

8. Otherwise violates any provision of the Act or this chapter or of any order issued under the Act or this chapter.

(b) Any employer who knowingly and willfully violates any provision of the Act or this chapter shall be guilty of a disorderly person offense and shall, upon conviction for a first violation, be punished by a fine of not less than $ 100.00, nor more than $ 1,000, or by imprisonment for not less than 10, nor more than 90, days or by both the fine and imprisonment.

(c) The employer shall, upon conviction for a second or subsequent violation, be punished by a fine of not less than $ 500.00, nor more than $ 1,000, or by imprisonment for not less than 10, nor more than 100, days or by both the fine and imprisonment.

(d) Each week, in any day of which an employee is not provided earned sick leave in the amount and in the manner prescribed in the Act or this chapter and each employee so affected, shall constitute a separate offense.

N.J. Admin. Code § 12:69-1.2

Adopted by 52 N.J.R. 20(a), effective 1/6/2020