Summary: Assembly Bill A 4028
Overview
A 4028 is an introduced New Jersey bill that seeks to strengthen enforcement of wage and hour laws by dedicating resources at the county level. The bill would require the Department of Labor and Workforce Development (DOLWD) to fund and train county prosecutors to investigate and prosecute wage-and-hour violations, and it would require each county prosecutor to appoint an assistant prosecutor for this work. An appropriation of up to $2 million from the General Fund is authorized to implement these provisions, and the act would take effect immediately.
- Bill Number: A 4028
- Title: Provides certain resources to county prosecutors for enforcement of law regarding failure to pay wages; makes appropriation
- Purpose: Bolster enforcement of state wage and hour laws by increasing county-level prosecutorial capacity
- Status: Introduced in the Assembly; referred to Assembly Labor Committee (as of January 30, 2025)
- Introduced: January 30, 2025
- Primary Sponsor: Catalina Cruz
- Cosponsors: Kwani O'Pharrow, Emerita Torres, Phara Souffrant Forrest
- Related companion bills: S 3653 (and S 2826)
Key Provisions
1) Funding and training for county prosecutors
- The DOLWD must provide funds and training to the county prosecutor in each New Jersey county.
- Purpose: to support the investigation and prosecution of violations of the State wage and hour laws, and the provisions of section 10 of P.L.1999, c.90 (C.2C:40A-2), which relates to certain worker exploitation and wage-related offenses.
2) Appointment of assistant prosecutors
- Each county prosecutor's office must establish and assign an assistant prosecutor dedicated to the investigation and prosecution of wage and hour law violations (and related provisions).
3) Appropriation and funding cap
- An appropriation from the General Fund to the DOLWD is authorized to fund these activities.
- The amount is not to exceed $2,000,000, with the exact allocation determined by the Director of the Division of Budget and Accounting in the Treasury Department.
4) Effective date
- The act would take effect immediately upon enactment.
Impact and Beneficiaries
Affected entities:
- County prosecutor offices across New Jersey (will gain dedicated funding and an assistant prosecutor for wage-hour enforcement)
- Department of Labor and Workforce Development (administrative and oversight responsibilities for funding and training)
- Workers in New Jersey seeking enforcement of wage and hour protections (potentially stronger enforcement and remedies)
- Employers subject to wage and hour laws (new enforcement presence and procurement of compliance)
Potential effects:
- Increased capacity to investigate and prosecute wage-and-hour violations
- More prompt and consistent enforcement at the county level
- Clearer accountability for employers who fail to pay wages or otherwise violate wage laws
Procedural and Timeline Notes
- Legislative history:
- Introduced in the Assembly on March 7, 2024, and referred to the Assembly Labor Committee
- As of January 30, 2025, status shows “REFERRED TO CORRECTION” (listed twice on that date)
- Related legislation:
- Companion bills in the Senate: S 3653 and S 2826 (indicating parallel or similar proposals in the Senate)
Summary
A 4028 aims to bolster wage-and-hour enforcement by funding and training county prosecutors, requiring each county to appoint an assistant prosecutor for wage-hour cases, and providing up to $2 million in General Fund support to the DOLWD to implement these changes. The measure is designed to strengthen enforcement against wage violations and worker exploitation by increasing county-level prosecutorial capacity, with immediate effect upon enactment.