New Jersey § 34:1a-1

§ 34:1a-1.

Post notices about misclassification. a. Each employer required to maintain and report records regarding wages, benefits,

taxes and other contributions and assessments pursuant to State wage, benefit and

tax laws, as defined in section 1 of P.L.2009, c. 194 ( C.34:1A-1.11 ), shall conspicuously post notification, in a place or places accessible to all employees

in each of the employer's workplaces, in a form issued by the commissioner, explaining: (1) The prohibition against employers misclassifying employees; (2) The standard delineated in paragraph (6) of subsection (i) of R.S.43:21-19 that is applied by the department to determine whether an individual is an employee

or an independent contractor; (3) The benefits and protections to which an employee is entitled under State wage,

benefit and tax laws; (4) The remedies under New Jersey law to which workers affected by misclassification

may be entitled; and (5) Information on how a worker or a worker's authorized representative may contact,

by telephone, mail and e-mail, a representative of the commissioner to provide information

to, or file a complaint with, the representative regarding possible worker misclassification. b. No employer shall discharge or in any other manner discriminate against an employee

because the employee has made an inquiry or complaint to his employer, to the commissioner

or to his authorized representative regarding possible worker misclassification, or

because the employee has caused to be instituted or is about to cause to be instituted

any proceeding regarding worker misclassification under State wage, benefit and tax

laws, or because the employee has testified in the proceeding. c. An employer who violates any provision of this section shall be guilty of a disorderly

persons offense and shall, upon conviction, be fined not less than $100 nor more than

$1,000. In the case of a discharge or other discriminatory action in violation of this section,

the employer shall also be required to offer reinstatement in employment to the discharged

employee and to correct any discriminatory action, and to pay the employee all reasonable

legal costs of the action, all wages and benefits lost as a result of the discharge

or discriminatory action, plus punitive damages equal to two times the lost wages

and benefits, under penalty of contempt proceedings for failure to comply with the

requirement.