New Jersey § 34:11-56

§ 34:11-56.

Any contractor or subcontractor , or covered airport or related location employer, who discharges or in any other manner discriminates against any worker because the

worker has made any complaint to the worker's employer, to the State Treasurer or

to the commissioner that the worker 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 this act, if the commissioner finds that a contractor or subcontractor , or a covered airport or related location employer, has violated the 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 contractor

or subcontractor, or covered airport or related location employer, the seriousness of the violation, the good faith of the contractor or subcontractor , or covered airport or related location employer, and the size of the contractor's or subcontractor's , or covered airport or related location employer's, business. No administrative penalty shall be levied pursuant to this section unless the commissioner

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 the commissioner's 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 shall be 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

of 1999,” P.L.1999, c. 274 ( C.2A:58-10 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 and Workforce Development.