New Jersey § 34:11-56

§ 34:11-56.

Any employer who discharges or in any other manner discriminates against any worker because the worker has made any complaint to his employer, to the public body or to the commissioner

that he has not been paid wages in accordance with the provisions of this act, or

because the worker has caused to be instituted or is about to cause to be instituted any proceeding

under or related to this act, or because the worker has testified or is about to testify in any such proceeding shall be guilty of a disorderly persons offense and shall, upon conviction therefor, be fined not less than $100 nor more than $1,000 . As an alternative to or in addition to any other sanctions provided by law for violations

of any provision of P.L.1963, c. 150 ( C.34:11-56.25 et seq. ), when the Commissioner of Labor finds that an employer has violated that act, the

commissioner is authorized to assess and collect administrative penalties, up to a

maximum of $250 for a first violation and up to a maximum of $500 for each subsequent

violation, specified in a schedule of penalties to be promulgated as a rule or regulation

by the commissioner in accordance with the “Administrative Procedure Act,” P.L.1968,

c. 410 ( C.52:14B-1 et seq. ). When determining the amount of the penalty imposed because of a violation, the commissioner

shall consider factors which include the history of previous violations by the employer,

the seriousness of the violation, the good faith of the employer and the size of the

employer's business. No administrative penalty shall be levied pursuant to this section unless the Commissioner

of Labor provides the alleged violator with notification of the violation and of the

amount of the penalty by certified mail and an opportunity to request a hearing before

the commissioner or his designee within 15 days following the receipt of the notice. If a hearing is requested, the commissioner shall issue a final order upon such

hearing and a finding that a violation has occurred. If no hearing is requested, the notice shall become a final order upon expiration

of the 15-day period. Payment of the penalty is due when a final order is issued or when the notice becomes

a final order. Any penalty imposed pursuant to this section may be recovered with costs in a summary

proceeding commenced by the commissioner pursuant to “the penalty enforcement law”

( N.J.S.2A:58-1 et seq. ). Any sum collected as a fine or penalty pursuant to this section shall be applied

toward enforcement and administration costs of the Division of Workplace Standards

in the Department of Labor.