N.J. Admin. Code § 12:69-1.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 12:69-1.3 - Administrative penalties

(a) As an alternative to, or in addition to, any other sanctions provided for in N.J.A.C. 12:69-1.2, when the Commissioner finds that an employer has violated the Act or this chapter, the Commissioner is authorized to assess and collect an administrative penalty in the amounts that follow:

1. First violation-not more than $ 250.00; and

2. Second and subsequent violation-not less than $ 250.00, nor more than $ 500.00.

(b) No administrative penalty shall be levied pursuant to this section, unless the Commissioner provides the alleged violator with notification by certified mail of the violation and the amount of the penalty and an opportunity to request a formal hearing. A request for a formal hearing must be received within 15 business days following the receipt of the notice.

1. If a hearing is not requested, the notice shall become the final order upon the expiration of the 15-business-day period following receipt of the notice.

2. If a hearing is requested, the Commissioner shall issue a final order upon such hearing and a finding that a violation has occurred.

3. All wages due, fees, and penalties shall be paid within 30 days of the date of the final order. Failure to pay such wages due, fees, and/or penalties shall result in a judgment being obtained in a court of competent jurisdiction.

4. All payments shall be made payable to the Commissioner of Labor and Workforce Development, Wage and Hour Trust Fund, in the form of a certified check or money order, or such other form that is suitable to the Commissioner.

(c) In assessing an administrative penalty pursuant to this chapter, the Commissioner shall consider the following factors, where applicable, in determining what constitutes an appropriate penalty for the particular violation(s):

1. The seriousness of the violation;

2. The past history of previous violations by the employer;

3. The good faith of the employer;

4. The size of the employer's business; and

5. Any other factors that the Commissioner deems to be appropriate in determining the penalty assessed.

N.J. Admin. Code § 12:69-1.3

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