New Jersey § 34:11-77

§ 34:11-77.

a. It shall be unlawful for a hiring entity or any other person to interfere with,

restrain, or deny the exercise of, or the attempt to exercise, any right set forth

in P.L.2023, c. 262 ( C.34:11-69 et al.). b. The minimum requirements of sections 13 through 18 of P.L.2023, c. 262 ( C.34:11-71 through C.34:11-76 ) shall be deemed incorporated into any contract, whether actual or implied, between

the employer and the domestic worker. c. A material breach by a hiring entity of a contract with a domestic worker shall

constitute a violation of P.L.2023, c. 262 ( C.34:11-69 et al.), without regard to whether the breach is of a provision required by this

act. d. No hiring entity or any other person shall take or threaten retaliatory action

against any person because a domestic worker has exercised rights or pursued a claim

of violation under P.L.2023, c. 262 ( C.34:11-69 et al.). These rights include the right to demand compliance with protections established

by written agreement; the right to file a complaint or inform any person about an

employer's alleged violation of this act; the right to cooperate with the department

in any investigation pursuant to this act; and the right to inform any person of the

rights established under this act. e. No hiring entity or any other person shall communicate to a person exercising rights

protected under P.L.2023, c. 262 ( C.34:11-69 et al.) the willingness or intent to contact, report to, or to make an implied or

express assertion to report to a government agency regarding the suspected citizenship

or immigration status of a domestic worker or family member of a domestic worker because

the worker has or has expressed an intent to exercise rights protected under this

act or because of a belief the worker may do so. f. The protections of this section shall apply to any person who mistakenly but in

good faith alleges a violation of P.L.2023, c. 262 ( C.34:11-69 et al.). g. It shall be considered a rebuttable presumption of retaliation if the hiring entity

or any other person takes an adverse action against a domestic worker within 90 calendar

days of the worker's exercise of rights protected in P.L.2023, c. 262 ( C.34:11-69 et al.). However, in the case of temporary or seasonal employment that ended before the close

of the 90-calendar-day period, the presumption also applies if the hiring entity fails

to rehire a former domestic worker at the next opportunity for work in the same position.

The hiring entity may rebut the presumption with clear and convincing evidence that

the adverse action would have been taken in the absence of such protected activity. If a domestic worker declines to be rehired for the same position or resigns from

the position, the presumption in this subsection g. shall not apply. h. Proof of retaliation under P.L.2023, c. 262 ( C.34:11-69 et al.) shall be sufficient upon a showing that the hiring entity or any other person

has taken an adverse action against a person and the persons exercise or rights protected

in P.L.2023, c. 262 ( C.34:11-69 et al.) was a motivating factor in the absence of that protected activity. i. A complaint or other communication by any person triggers the protection of P.L.2023, c. 262 ( C.34:11-69 et al.) regardless of whether the complaint or communication is in writing or makes

explicit reference to P.L.2023, c. 262 ( C.34:11-69 et al.).