New Jersey § 34:11-58

§ 34:11-58.

a. A person commits the crime of pattern of wage nonpayment if the person knowingly

commits an act that violates the provisions of N.J.S.2C:40A-2 , N.J.S.2C:20-2 if the property stolen consists of compensation the employer failed to provide to

an employee as required under the provisions of any State wage and hour law as defined

in R.S.34:11-57 , subsection a. of section 10 of P.L.1965, c. 173 ( C.34:11-4.10 ), or subsection a. of section 25 of P.L.1966, c. 113 ( C.34:11-56a24 ), if the person has, on two or more prior occasions, been convicted of a violation

of the provisions of any of those laws. It shall not be a defense that the violations were not part of a common plan or

scheme, or did not have similar methods of commission. b. Pattern of wage non-payment is a crime of the third degree, except that the presumption

of nonimprisonment set forth in subsection e. of N.J.S.2C:44-1 for persons who have not previously been convicted of an offense shall not apply. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction of pattern of wage non-payment shall not merge with

a conviction of violation of N.J.S.2C:40A-2 , N.J.S.2C:20-2 , subsection a. of section 10 of P.L.1965, c. 173 ( C.34:11-4.10 ), subsection a. of section 25 of P.L.1966, c. 113 ( C.34:11-56a24 ), or any other criminal offense, nor shall such other conviction merge with a conviction

under this section. c. An employer found to be in violation of this section shall be deemed to have caused

loss to the employees in the amount by which the employees were paid less than the

full wages agreed upon or required by law and shall be subject to the provisions of N.J.S.2C:43-3 regarding fines and restitution to victims and be subject to other pertinent provisions

of Title 2C of the New Jersey Statutes, including, but not limited to, N.J.S.2C:43-4 , 2C:43-6 and 2C:44-1 .