§ 34:6A-19 — Penalties; compromise of claims.

19. Any person violating any of the provisions of this act shall be liable to a penalty of not less than $975 nor more than $13,653 to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Notwithstanding the penalties prescribed in this section, the penalty amounts shall be subject to adjustment by the commissioner to remain consistent with the "Occupational Safety and Health Act of 1970," (29 U.S.C. s.651 et seq.). Fifty percent of the sum collected as a penalty pursuant to this subsection shall be provided to the employee harmed by violation. Any violation of the act by an officer, agent or employee shall also be a violation of the act by his employer if such employer had knowledge of and actual control over the cause of such violation. Where the violation is of a continuing nature each day during which it continues, after the date given by which the violation must be eliminated in the order by the commissioner, shall constitute an additional, separate and distinct offense, except during the time an appeal from said order may be taken or is pending. The commissioner is hereby authorized and empowered to compromise and settle any claim for a penalty under this section in such amount in the discretion of the commissioner as may appear appropriate and equitable under all of the circumstances. Nothing in this section shall affect the rights of employees or any remedies available to employees provided by section 5 of P.L.1986, c.105 (C.34:19-5) or any other provision of law. L.1965, c. 154, s. 19; amended 2023, c.262, s.6.