Requires certain contractors to verify work authorization of newly hired employees.

A191

ASSEMBLY, No. 191

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

Co-Sponsored by:

Assemblyman Inganamort

SYNOPSIS

���� Requires certain contractors to verify work
authorization of newly hired employees.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning employment eligibility verification and
supplementing Title 34 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� As used in this act:

���� �Commissioner� means the
Commissioner of the Department of Labor and Workforce Development.

���� "Contractor" means a
person, partnership, association, joint stock company, trust, corporation, or
other legal business entity or successor thereof who is required to pay the
prevailing wage rate as determined by the "New Jersey Prevailing Wage
Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), including any subcontractor
or lower tier subcontractor of a contractor.

���� "E-Verify program"
means the electronic verification of work authorization program of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996,
Pub.L. 104-208 (8 U.S.C. s.1324a), jointly operated by the
United States Department of Homeland Security and the Social Security
Administration or its successor program.

���� "Employee" means an
individual who is employed by a contractor.

���� 2.��� After June 30, 2025,
upon hiring an employee a contractor shall verify the employment eligibility of
the employee through the E-Verify program.

���� 3.��� a.� The commissioner
shall develop a Statewide random auditing program to inspect contractors for
compliance with section 2 of this act.

���� b.��� If the commissioner,
upon receipt of a written and signed complaint against a contractor, or upon an
investigation initiated by the commissioner for good cause, finds reasonable
grounds exist that a contractor failed to verify the employment eligibility of
an employee in violation of section 2 of this act, the commissioner shall
institute an investigation of the violation.

���� c.���� Upon finding a
violation of section 2 of this act after a random audit pursuant to subsection
a. of this section, or after an investigation pursuant to subsection b. of this
section, the commissioner shall, after affording the contractor notice and an
opportunity for a hearing in accordance with the provisions of the
�Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.), assess a civil
penalty upon the contractor of not less than $500 and not more than $1,000 for each
violation.� For a first occurrence involving a violation of section 2 of this
act, if, upon notification by the commissioner of a violation, the contractor
verifies the employment eligibility of all employees in question within 72
hours, the contractor shall not be assessed a penalty.� Any subsequent
occurrence involving a violation of section 2 of this act by the contractor
shall result in the assessment of a civil penalty by the commissioner, and the
commissioner may deny renewal, revoke, or suspend, for a period of not more than
one year, the contractor�s registration under �The Public Works Contractor
Registration Act,� P.L.1999, c.238 (C.34:11-56.48 et seq.).� However, if the
contractor has not committed a violation of section 2 of this act within the
previous five years, a subsequent occurrence shall be treated as a first
occurrence.

���� 4.��� The Department of Labor
and Workforce Development shall provide information regarding the requirements
of this act and the requirements of federal law governing the use of the
E-Verify program for contractors and the public through a link prominently displayed
on the department�s Internet website.

���� 5.��� This act shall take
effect immediately.

STATEMENT

���� This bill requires every
contractor who is required to pay its employees the prevailing wage rate as
determined by the �New Jersey Prevailing Wage Act,� P.L.1963, c.150
(C.34:11-56.25 et seq.), to verify the employment eligibility of its employees
through the E-Verify program.� E-Verify is an electronic verification of work
authorization program jointly operated by the United States Department of
Homeland Security and the Social Security Administration.� The bill requires
these contractors to use the E-Verify program to verify the employment
eligibility of all employees hired after June 30, 2025.

���� The bill directs the
Commissioner of the Department of Labor and Workforce Development to develop a
Statewide random auditing program to inspect contractors for compliance with
the E-Verify requirement.� The commissioner is also directed, upon receipt of a
written and signed complaint against a contractor, or upon an investigation
initiated by the commissioner for good cause, to institute an investigation if
the commissioner finds reasonable grounds exist that a contractor violated the
E-Verify requirement.

���� The bill provides for the
assessment of a civil penalty of not less than $500 and not more than $1,000 on
contractors found to be in violation of the E-Verify requirement.� For a first
occurrence involving a violation, if the contractor complies within 72 hours of
notification by the commissioner, the contractor shall not be assessed a
penalty. Any subsequent occurrence involving a violation by the contractor will
result in the assessment of a civil penalty by the commissioner, and the
commissioner may deny renewal, revoke, or suspend, for a period of not more
than one year, the contractor�s registration under �The Public Works Contractor
Registration Act,� P.L.1999, c.238 (C.34:11-56.48 et seq.).� A subsequent
occurrence shall be treated as a first occurrence if the contractor has not
committed a violation of the E-Verify requirement within the previous five
years.