New Jersey § 34:11-56a22

§ 34:11-56a22.

Any employer who willfully hinders or delays the commissioner, the director or their

authorized representatives in the performance of his duties in the enforcement of

this act, or fails to make, keep, and preserve any records as required under the provisions

of this act, or falsifies any such record, or refuses to make any such record accessible

to the commissioner, the director or their authorized representatives upon demand,

or refuses to furnish a sworn statement of such record or any other information required

for the proper enforcement of this act to the commissioner, the director or their

authorized representatives upon demand, or pays or agrees to pay wages at a rate less

than the rate applicable under this act or any wage order issued pursuant thereto,

or otherwise violates any provision of this act or of any regulation or order issued

under this act shall be guilty of a disorderly persons offense and shall, upon conviction for a first violation, be punished

by a fine of not less than $100 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 and, upon conviction

for a second or subsequent violation, be punished by a fine of not less than $500

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. Each week, in any day of which an employee is paid less than the rate applicable

to him under this act or under a minimum fair wage order, and each employee so paid,

shall constitute a separate offense. As an alternative to or in addition to any other sanctions provided by law for violations

of the “New Jersey State Wage and Hour Law,” P.L.1966, c. 113 ( C.34:11-56a et seq. ), when the Commissioner of Labor finds that an individual 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.