New Jersey Workers, Advocates Celebrate Senate Passage of Landmark Anti-Wage Theft Legislation, Call on Assembly for Swift Passage

(Trenton, NJ)  March 25, 2019: Today, the New Jersey State Senate approved legislation that would enhance protections for New Jersey workers against employers’ violations of the state’s wage and hour laws, commonly known as  wage theft. The bill awaits a vote in the Assembly. Wage theft causes New Jersey’s workers to lose millions in earned income each year when low road employers skirt wage & hours laws – including failing to pay the minimum wage or overtime pay, or making illegal pay deductions.

S1790, sponsored by Senator Loretta Weinberg, strengthens enforcement procedures and criminal sanctions against employers who fail to pay wages, compensation or benefits required by law or retaliate against employees for making a complaint. Following best practices from around the country, the bill would allow workers to recover back wages plus liquidated damages. The bill also extends the statute of limitations on filing wage complaints from 2 years to 6 years to match existing record keeping requirement. Assemblywoman Annette Quijano is the sponsor of the Assembly companion bill, A 2903.

“Wage theft of any kind is unacceptable,” said Senator Loretta Weinberg, sponsor of the bill. “We can raise the minimum wage, but if we don’t double our efforts and ensure New Jersey employees receive their rightful wage, we will fail those we are trying to help. As usual, it will be those with the least and therefore those set to benefit the most by a wage increase who will be victimized by dubious employers. We should do everything we can to make sure everyone is rightfully paid for the work they have done.”

“For low wage workers like myself, passing the anti-wage theft is just as important as the increase to the minimum wage, because means workers will actually receive the pay we have rightfully earned. The reality is that wage theft is all to common in our state and this bill will make employers pay for stealing wages. I want to express my gratitude to Senator Weinberg for her continued leadership in standing up for low wage workers and we thank Senate President Sweeney for his leadership in bringing the bill to a vote. Now we call on the Assembly to follow the Senate and send this bill to the Governor’s desk. Workers can’t wait,” said Roberto Sanchez, a member of Make the Road New Jersey, a community-based immigrant and workers rights based in Elizabeth and Passaic.

“Wage theft is an epidemic crime. Almost every day, a worker comes to New Labor’s center because he or she wasn’t paid in full for the work they did.  Each year, New Jersey workers are owed millions in unpaid wages for the work they did. This bill will take a bite out of that epidemic crime by creating stronger penalties against employers who don’t pay their workers wages. We are proud that New Jersey will have one of the strongest anti-wage theft law in the nation to protect workers against wage theft while creating a level playing field for employers that do right by their workers,”  said Lou Kimmel, Director of New Labor, a workers’ center in based in Newark, New Brunswick, and Lakewood.

“The New Jersey Senate just took a stand for the tens of thousands of workers who have had their wages stolen by their own employers,” said Rob Duffey, interim director of New Jersey Working Families. “Legislators in the Assembly now must get us over the finish line by passing this groundbreaking bill in their own chamber without delay.”

Kevin Brown, 32BJ SEIU Vice President and New Jersey State Director: “The New Jersey Senate, including Senators Sweeney and Weinberg, should be commended for passing the Wage Theft Bill and stand up and winning for the most vulnerable workers among us.” Now it’s time for the Assembly to swiftly act in the interest of the state’s working families by passing this bill.

“Wage theft is an illegal and unacceptable practice that allows unscrupulous employers to  steal from hardworking New Jerseyans with very little repercussion. For the sake of working people in our state, regulation is needed now. By holding businesses accountable with sensible, tighter regulations, we will see a stronger economy and justice for the working people who are robbed of their paychecks despite working hard to support their families and local communities.

“Lost wages keeps people in poverty or forces them to use public assistance that costs NJ’s taxpayers money. Wage theft hurts working people and their families, and keeps hard-earned money out of our communities. This bill will help change all of that, and the Assembly needs to act now.”

Make the Road New Jersey builds the power of immigrant and working class communities in New Jersey to achieve dignity and justice through community organizing, legal and support services, transformative education and policy innovation.

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