On November 29, 2022, the New Jersey Department of Labor and Workforce Development (the “NJDOLWD” or the “Department”) announced what it calls a “comprehensive enforcement strategy” to target employers in specific industries—namely, commercial laundromats and multi-unit residential construction. The purpose of this initiative is straightforward: New Jersey is cracking down on employers in these two industries to ensure they properly pay their workers and provide all benefits afforded to them under the state’s wage and hour laws. According to the NJDOLWD, it chose these two industries specifically because it believes such employers have a history of non-compliance with existing laws, and their employees are often hesitant to seek relief from the Department.

Some of the laws the Department is focusing on ensure that workers are:

• paid on the books;
• declared employees, making them eligible for unemployment, workers’ compensation, and temporary disability and family leave insurance, unless their employer can prove the worker meets the requirements for independent contractor status;
• compensated at the state minimum wage rate or more;
• paid for overtime after 40 hours of work; and
• provided paid sick and family leave time.

The new NJDOLWD initiative is another example of New Jersey’s commitment to seek out and punish employers it considers “wage thieves.” In 2019, New Jersey passed a strict Wage Theft Law that substantially expanded the civil and criminal penalties available for...

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