Ruiz Bill Penalizing Employers For Coercing Workers Based On Immigration Status Advances

TRENTON-The State Senate Labor Committee advanced legislation sponsored by State Senate Majority Leader M. Teresa Ruiz that protects immigrant workers from abusive behavior by penalizing employers that coerce these workers based on their immigration status in furtherance of violating the state's labor laws.

"No worker should be forced to turn a blind eye to their employer's unlawful behavior out of fear of being prosecuted for their immigration status," said Senator Ruiz (D-Essex/Hudson). "By establishing a penalty for employers who have coerced an employee based on immigration status to violate labor laws further, we can protect worker's rights and hold businesses accountable for exploitative behavior."

The bill imposes a civil penalty on any employer that coerces an employee based on their immigration status in furtherance of violating labor laws. Under current law, a person is guilty of coercion if they intend to restrict another individual's freedom of action to engage or refrain from engaging in conduct for an unlawful purpose.

For example, an employer who does not pay appropriate wages would be subject to penalties under the wage payment law. If the employer who fails to pay appropriate wages also threatens an employee based on the employee's immigration status to pressure the employee from reporting the violation, the employer would be subject to additional penalties under the bill.

The bill could apply to employees who are undocumented, are "green card" holders, or have temporary status such as an H-1B visa.

Immigrant workers are more reluctant to speak out about injustice in the workplace, report injuries, or cooperate in investigations out of fear of revealing their immigration status to authorities.

State Senator Ruiz’ bill would allow the state to levy hefty fines against employers threatening to use their workers’ immigration status against them during labor disputes. An example would be if a boss threatens to tell authorities that a worker came to the country illegally to pressure that worker into not reporting the employer for paying less than minimum wage.

Businesses found to have exploited their workers based on their immigration status would face fines of up to $1,000 for the first violation, up to $5,000 for the second, and up to $10,000 for any subsequent violations.

The fines would be in addition to any fines related to violations of state labor laws.

NJ is home to more than 2 million residents born out of the country and an estimated 440,000 undocumented immigrants, according to the Migration Policy Institute.

While undocumented workers are protected by federal labor laws to prevent discrimination and are entitled to worker rights like breaks, minimum wage, and overtime, their immigration status often discourages them from fighting unfair work treatment, according to researchers at the University of Chicago. They found that undocumented workers are more likely to face discrimination and exploitation in the workplace.

State Senator Ruiz said the bill would protect workers’ rights and “hold businesses accountable for exploitative behavior.”

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