New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A4237

Introduced
5/2/24  

Caption

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

Impact

The bill stipulates that the Commissioner of the Department of Labor and Workforce Development is responsible for overseeing compliance through the development of a random auditing program. It will also investigate complaints against contractors regarding violations of the E-Verify usage. Significant civil penalties ranging from $500 to $1,000 can be imposed on contractors found in violation of this law. For a first offense, if a contractor acts quickly (verifying eligibility within 72 hours of notification), they may avoid penalties. However, subsequent violations lead to stricter repercussions, potentially affecting a contractor's registration to operate.

Summary

Assembly Bill A4237 mandates that contractors in New Jersey, who are subject to the prevailing wage laws, must verify the work authorization of newly hired employees using the E-Verify program. This requirement is set to come into effect for employees hired after June 30, 2025. The aim of the bill is to ensure that contractors do not employ individuals who are not legally authorized to work in the United States, thereby enhancing compliance with federal immigration laws. The definition of 'contractor' is broad, encompassing various legal business entities and their subcontractors involved in public works projects.

Contention

The imposition of mandatory E-Verify checks has raised discussions about the effectiveness and enforcement of such measures. Supporters argue this will streamline the hiring process for contractors by providing a universal standard, while critics may point out the increased administrative burdens placed on small contractors. Additionally, the repercussions for non-compliance could impact contractors significantly, raising concerns about fairness for businesses, particularly those with limited resources or those overwhelmed by compliance demands. Overall, A4237 contributes to ongoing conversations about immigration enforcement and labor rights in the state.

Companion Bills

NJ A142

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

Previously Filed As

NJ A191

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

NJ A156

"New Jersey Jobs Protection Act"; requires verification of employment.

TX SB324

Relating to requiring state contractors, political subdivisions of this state, and private employers to participate in the federal electronic verification of employment authorization program, or E-verify.

TX HB3210

Relating to requiring state contractors, political subdivisions of this state, and private employers to participate in the federal electronic verification of employment authorization program, or E-verify.

TX HB2744

Relating to requiring state contractors, political subdivisions of this state, and private employers to participate in the federal electronic verification of employment authorization program, or E-verify; creating civil penalties.

TX HB3681

Relating to requiring certain public and private employers in this state to participate in the federal electronic verification of employment authorization program, or E-verify, and notice regarding certain persons whose eligibility to work in the United States cannot be verified; creating a criminal offense.

NJ A584

Requires employers within construction industry to notify employees of certain rights.

WV HB5424

Verifying legal employment status of workers.

NJ A1849

Requires governing board of public school to verify employment eligibility of teaching staff members and school employees.

TX HB1308

Relating to employment practices of governmental entities, state contractors, and private employers in this state regarding the legal status of employees, including requiring participation in the federal electronic verification of employment authorization program, or E-verify program, and authorizing the suspension of certain licenses held by private employers for certain conduct in relation to the employment of persons not lawfully present.

Similar Bills

NJ A191

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

CA AB1362

Foreign labor contractor registration: agricultural workers.

CA SB809

Employees and independent contractors: construction trucking.

NJ S1795

Provides that only registered design professionals or employees with certified fire escape contractors are authorized to install, service, repair, inspect, and maintain fire escapes.

NJ A3762

Establishes "New Jersey Private Contractor Registration Act."

NJ S3564

Establishes "New Jersey Private Contractor Registration Act."

CA AB2227

Farm labor contractors.

NJ A430

Provides that only registered design professionals or employees with certified fire escape contractors are authorized to install, service, repair, inspect, and maintain fire escapes.