New Jersey Assembly Bill 4374 enhances enforcement under the state’s Prevailing Wage Act by establishing criminal penalties for specific employer violations. The legislation supplements Title 2C of the New Jersey Statutes and is intended to strengthen oversight on public works projects by targeting misconduct related to required payroll documentation and contractor registration submissions. The act takes effect immediately.
Under the bill, employers covered by the Prevailing Wage Act may be charged with a fourth degree crime if they knowingly falsify certified payroll records or other required records. Criminal liability also applies when an employer knowingly makes, or causes to be made, false, deceptive, or fraudulent statements on public works contractor registration forms. The bill expands prosecutorial reach by lowering the mental state standard from “willfully” to “knowingly,” increasing potential exposure for noncompliance.
The law also outlines enforcement coordination among prosecuting authorities. When a qualifying violation is identified, the county prosecutor or the Commissioner of Labor and Workforce Development must notify the Attorney General, who may assume responsibility for investigation or prosecution or refer the matter back to the county level. Any criminal penalties imposed under this bill apply in addition to other penalties available under law, allowing for multiple enforcement actions arising from the same conduct.