Establishes criminal penalties for certain violations of the "New Jersey Prevailing Wage Act."

A2102

ASSEMBLY, No. 2102

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman LINDA S. CARTER

District 22 (Somerset and Union)

Assemblywoman YVONNE LOPEZ

District 19 (Middlesex)

Assemblywoman VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Co-Sponsored by:

Assemblymen Miller, Hutchison, Sampson, Assemblywoman
Simmons, Assemblymen Abdelaziz, Danielsen, Assemblywomen Katz, Morales,
Assemblyman Singh, Assemblywomen Speight, Collazos-Gill, Park, Assemblyman
Bailey and Assemblywoman Murphy

SYNOPSIS

���� Establishes criminal penalties for certain violations
of the "New Jersey Prevailing Wage Act."

CURRENT VERSION OF TEXT

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

��

An Act
establishing criminal penalties for certain violations
of the �New Jersey Prevailing Wage Act� and supplementing Title 2C of the New
Jersey Statutes.

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

���� 1.��� a. It shall be a crime
of the fourth degree for an employer to:

���� (1)�� knowingly falsify a
certified payroll record or other record required pursuant to the provisions of
the �New Jersey Prevailing Wage Act,� P.L.1963, c.150 (C.34:11-56.25 et seq.);
or

���� (2)�� knowingly make, or cause
to be made, a false, deceptive, or fraudulent statement on a public works
contractor registration form in connection with the requirements pursuant to
section 5 of P.L.1999, c.238 (C.34:11-56.52).

���� b.��� A county prosecutor or
the Commissioner of Labor and Workforce Development, as appropriate, shall
notify the Attorney General that a violation of this section has occurred so
that the Attorney General may make a determination regarding whether to exercise
the authority granted to the Attorney General pursuant to section 10 of
P.L.1970, c.74 (C.52:17B-106) to supersede a county prosecutor for the purpose
of prosecuting or investigating the violation or, if appropriate, to refer the
case to the county prosecutor for investigation and prosecution or other
appropriate legal action.

���� c.���� A penalty imposed
pursuant to this section shall be in addition to any other penalty that may be
imposed in connection with the offense.

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

STATEMENT

���� This bill establishes criminal
penalties for certain violations of the �New Jersey Prevailing Wage Act,"
(prevailing wage law), P.L.1963, c.150 (C.34:11-56.25 et seq.).�

���� The bill establishes penalties
for fraudulent acts of an employer who is subject to the provisions of the
prevailing wage law, including: knowingly falsifying a record required under
the provisions of the prevailing wage law; or knowingly making, or causing to
be made, a false, deceptive or fraudulent statement on the public works
contractor registration form required under the �Public Works Contractor
Registration Act,� P.L.1999, c.238 (C.34:11-56.48 et seq.).� The bill further
provides that a person who commits a violation indicated in the bill is guilty
of a crime of the fourth degree.� A crime of the fourth degree is ordinarily
punishable by a term of imprisonment of up to 18 months, a fine of up to
$10,000, or both.

���� Under current law, a violator
of the prevailing wage law would be guilty of a disorderly person offense,
however, the term of imprisonment is limited to 90 days.� A disorderly persons
offense is ordinarily punishable by terms of up six months in jail, a fine of
up to of $1,000, or both.� A violator of the Public Works Contractor
Registration Act provides that a violator of that law is also guilty of a
disorderly persons offense, in addition to fines up to $25,000, and is
disqualification from bidding on or engaging in public work for a period of up
to three years.�

���� The bill further provides that
a county prosecutor or the Commissioner of Labor and Workforce Development, as
appropriate, is required to notify the Attorney General that a violation under
the bill has occurred so that the Attorney General may make a determination
regarding whether to exercise the authority granted to the Attorney General to
supersede a county prosecutor for the purpose of prosecuting or investigating
the violation or, if appropriate, to refer the case to the county prosecutor
for investigation and prosecution or other appropriate legal action.