Lawmakers eye fines for businesses that coerce workers over immigration status

Immigrant workers are more reluctant to speak out about injustice in the workplace, report injuries, or cooperate in investigations out of fear of revealing their immigration status to authorities.

Now, a new bill would allow the state to levy hefty fines against employers threatening to use their workers’ immigration status against them during labor disputes. An example would be if a boss threatens to tell authorities that a worker came to the country illegally to pressure that worker into not reporting the employer for paying less than minimum wage.

“No worker should be forced to turn a blind eye to their employer’s unlawful behavior out of fear of being prosecuted for their immigration status,” bill sponsor Sen. Teresa Ruiz (D-Essex) said in a statement.

Businesses found to have exploited their workers based on their immigration status would face fines of up to $1,000 for the first violation, up to $5,000 for the second, and up to $10,000 for any subsequent violations.

The fines would be in addition to any fines related to violations of state labor laws.

But the bill is not enough for immigrant advocates who want to see more enforcement of existing laws and more serious consequences. Erik Cruz Morales of the New Jersey Alliance for Immigrant Justice said the bill is only a small first step toward tackling a bigger issue.

Morales said New Jersey should consider revoking business licenses from companies with multiple labor law violations. Even a $10,000 fine could be a slap on the wrist for companies bringing in millions of dollars, he noted.

Lawmakers should also look into beefing up the Law Against Discrimination to cover discrimination against immigration status, Morales said.

Morales said many immigrant workers fear filing complaints against their employers for breaking existing law — say, paying less than the state’s $15.13 minimum wage — let alone reporting them for violating a new law related to their immigration status.

“People are avoiding interacting with public government or filing a case, from what we’ve heard from people. They’re like, ‘I’m undocumented, what rights do I have in this country? I’m just going to stay quiet and get my $12 an hour, even though it’s $15,’” he said.

New Jersey is home to more than 2 million residents born out of the country and an estimated 440,000 undocumented immigrants, according to the Migration Policy Institute. 

While undocumented workers are protected by federal labor laws to prevent discrimination and are entitled to worker rights like breaks, minimum wage, and overtime, their immigration status often discourages them from fighting unfair work treatment, according to researchers at the University of Chicago. They found that undocumented workers are more likely to face discrimination and exploitation in the workplace.

Ruiz said the bill would protect workers’ rights and “hold businesses accountable for exploitative behavior.” The bill would help employees no matter what their immigration status is, she said.

It unanimously advanced out of the Senate Labor Committee Monday with no discussion. The companion bill still faces a vote in the Assembly Labor Committee.