Recent Changes to New Jersey’s Workers’ Compensation Laws


On July 10, 2009, new amendments to the New Jersey Workers’ Compensation Law went into effect. The law imposes severe monetary and injunctive penalties if a covered employer misrepresents any employee as an independent contractor or provides false, incomplete or misleading information concerning its total number of employees.
 
Under these changes, the employer:  a) will be deemed guilty of a fourth degree crime; b) will be subject to the Law’s existing monetary penalties which impose a penalty of up to $5,000.00 both for an initial violation exceeding 10 days and for each subsequent 10 day violation; and (c) will be subject to a stop-work order issued by the New Jersey Department of Labor and Workforce Development (NJDOL) Workers’ Compensation Division within 72 hours after determining that any such violation has occurred. 

 
The stop-work order will require the employer to immediately cease all business operations at every worksite where the violation occurred, and will remain in effect until after a further determination is made that the employer is in full compliance with these requirements and has paid all such penalties.  However, an employer has the right to seek a hearing to contest a stop-work order within 10 days of being issued, and after which a decision will be rendered within 48 hours.


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