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Assemblywoman Quijano (D-Union) sponsoring proposal

Assemblywoman Annette Quijano (D-Union) has introduced the legislation entitled the Wage Protection Act in what she describes as an effort to protect workers from unscrupulous employers and ensure that employees are compensated for all wages owed.

The legislation would provide recourse for employees who are owed wages or any other type of compensation by an employer and establishes penalties for violating laws regarding the disbursement of wages, compensations or benefits.

Quijano said Friday that the legislation would not only ensure that an employee is compensated for all wages owed but will also impose fines for first time and additional offenses. Convicted employers may also face annulment of any licenses provided by the state Department of Labor.

Several significant provisions of the act include:

Employers would have to pay 100 percent of wages owed;

Employers would face a fine of $1,000 plus 10 percent of wages owed for a first offense;

Employers would face pay a fine of $2,000 plus 20 percent of wages owed for each additional offense;

An employer would be charged with a disorderly offense for attempting retaliation against an employee filing a claim;

An employee could use a pseudonym/address of an attorney if in fear of retaliation;

The Department of Labor would have to be notified of an employer who has been convicted and may choose to indefinitely revoke any licenses from the department of held by a convicted employer; and

A bi-annual report on the effectiveness of this act would have to be filed by the labor commissioner, along with recommendations for increasing efficacy.

The legislation would revise current provisions of existing laws regarding criminal code in order to strengthen enforcement procedures and criminal sanctions against employers who fail to pay wages, compensation or benefits to their employees.

“Wage theft is an insidious problem that affects all professions and communities,” Quijano said. “The Wage Protection Act will provide the appropriate channels for employees to seek earned but unpaid wages from their employers. It also imposes strict penalties for employers convicted of wage theft, which is intended to serve more as a deterrent than a punishment. Bottom line, individuals must be paid properly for their labor.”

-TOM HESTER SR., NEWJERSEYNEWSROOM.COM