N.J. Stat. tit. 2C, ch. 40A

in effect

N.J. Stat. § 2C:40A-1 Employer requiring lie detector test

Any person who as an employer shall influence, request or require an employee or prospective employee to take or submit to a lie detector test as a condition of employment or continued employment, commits a disorderly persons offense. The provisions of this section shall not apply if: (1) the employer is authorized to manufacture, distribute or dispense controlled dangerous substances pursuant to the provisions of the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c. 226 (C. 24:21-1 et seq.); (2) the employee or prospective employee is or will be directly involved in the manufacture, distribution, or dispensing of, or has or will have access to, legally distributed controlled dangerous substances; and (3) the test, which shall cover a period of time no greater than 5 years preceding the test, and except as provided in this section, shall be limited to the work of the employee or prospective employee and the individual's improper handling, use or illegal sale of legally distributed controlled dangerous substances. The test may include standard baseline questions necessary and for the sole purpose of establishing a normal test pattern. Any employee or prospective employee who is required to take a lie detector test as a precondition of employment or continued employment shall have the right to be represented by legal counsel. A copy of the report containing the results of a lie detector test shall be in writing and be provided, upon request, to the individual who has taken the test. Information obtained from the test shall not be released to any other employer or person. The employee or prospective employee shall be informed of his right to present to the employer the results of an independently administered second lie detector examination prior to any personnel decision being made in his behalf by the employer. L.1981, c. 290, s. 36, eff. Sept. 24, 1981. Amended by L.1983, c. 463, s. 1, eff. Jan. 12, 1984.

N.J. Stat. § 2C:40A-2 Violation of contract to pay employees

10. Violation of contract to pay employees. a. An employer who has agreed with an employee or with a bargaining agent for employees to pay wages, compensation or benefits to or for the benefit of employees commits a disorderly persons offense if the employer: (1) fails to pay wages when due; or (2) fails to pay compensation or benefits within 30 days after due. b. If a corporate employer violates subsection a., any officer or employee of the corporation who is responsible for the violation commits a disorderly persons offense. L.1999,c.90, s.10.

N.J. Stat. § 2C:40A-3 Wrongful discharge of employee

11. Wrongful discharge of employee. a. An employer who discharges an employee or takes any other disciplinary action against the employee because the employee's earnings have been subjected to garnishment commits a disorderly persons offense. b. An employer who discharges an employee or takes any other disciplinary action in violation of this section shall re-employ any employee discharged, and shall compensate any employee for any damages resulting from the discharge or disciplinary action. c. The term "earnings" means any form of compensation payable for personal services, regardless of whether the payment is denominated as wages, salary, commission, bonus, income from trust funds, profits, or otherwise, and includes periodic payments pursuant to a pension or retirement program. L.1999,c.90, s.11.

N.J. Stat. § 2C:40A-4 Solicitation of professional employment, certain; regulated; terms defined; grade of offense.

1. a. No person shall solicit professional employment from an accident or disaster victim or an accident or disaster victim's relative concerning an action for personal injury or wrongful death involving that accident or disaster victim for a period of 30 days after the date on which the accident or disaster occurred. b. Subsection a. of this section shall not apply if the accident or disaster victim, or his relative, as the case may be, had a previous professional business relationship with the professional. c. Subsection a. of this section shall not apply to recommendations or referrals by past or present clients or patients, friends, relatives or other individuals relying on the reputation of the professional, provided the recommendation or referral is not made for value. d. Subsection a. of this section shall not apply to any solicitation through advertising which is not directed to the victim or victims of a specific accident or disaster. e. Subsection a. of this section shall not apply to emergency medical care. f. For the purposes of this section: "Professional employment" means services rendered by a physician, chiropractor or other health care professional. "Solicit" means to contact a person with a request or plea, which is made in person, by telephone or other electronic medium. g. A person who violates the provisions of this section, and who acts with intent to accept money or something of value for his services, shall be guilty of a crime of the third degree. L.1999,c.325,s.1.

N.J. Stat. § 2C:40A-5 Additional penalty for attorneys; grade of offense.

2. In addition to any other sanction that may be imposed by the Supreme Court, an attorney who violates the Rules of Professional Conduct promulgated by the Supreme Court of New Jersey by contacting an accident or disaster victim or an accident or disaster victim's relative, using means other than written communication, to solicit professional employment on the attorney's own behalf, and who acts with intent to accept money or something of value for his services, shall be guilty of a crime of the third degree. L.1999,c.325,s.2.

N.J. Stat. § 2C:40A-6 Certain payments for referral to certain facilities, fourth degree crime.

1. a. A person, including, but not limited to, a health care provider, health care facility, non-profit organization, clinical laboratory, and recovery residence, is guilty of a crime of the third degree if the person, either directly or indirectly, overtly or covertly, in cash or in kind, makes, solicits, offers, or receives a payment or otherwise furnishes, solicits, offers, or receives any fee, commission, kickback, bribe, or rebate to any person in connection with the referral of patients to, or in exchange for a patient using the services of, a facility licensed in accordance with section 8 of P.L.1975, c.305 (C.26:2B-14) for substance use disorder treatment or services, substance use disorder treatment facility issued a certificate of approval pursuant to P.L.1970, c.334 (C.26:2G-21 et seq.), recovery residence, or clinical laboratory. Notwithstanding the provisions of N.J.S.2C:43-3, a person convicted of an offense under this subsection shall be sentenced to make restitution and to pay a fine of $50,000. b. A person, including, but not limited to, a health care provider, health care facility, non-profit organization, clinical laboratory, and recovery residence, is guilty of a crime of the third degree if the person knowingly assists, conspires with, or urges any person to make, furnish, solicit, offer, or receive a payment, fee, commission, kickback, bribe, or rebate in violation of subsection a. of this section. Notwithstanding the provisions of N.J.S.2C:43-3, a person convicted of an offense under this subsection shall be sentenced to make restitution and to pay a fine of $50,000. c. It shall not be a violation of subsection a. of this section to make or receive a payment or otherwise furnish or receive any fee, commission, or rebate that does not vary based on: (1) the number of patients referred to a substance use disorder treatment facility, recovery residence, or clinical laboratory; (2) the duration, level, volume, or nature of the substance use disorder treatment services provided to a patient; or (3) the amount of benefits provided by a carrier to a substance use disorder treatment facility, recovery residence, or clinical laboratory for treatment or services provided to a patient. d. (1) The Office of Licensing in the Department of Health may investigate a health care facility or clinical laboratory licensed or certified by the Department of Health for an alleged violation of this act. Upon finding a violation, the Department of Health may suspend or revoke the health care facility or clinical laboratory’s license or certification, if applicable, or may impose a civil penalty against the health care facility or clinical laboratory. If the Department of Health imposes a civil penalty, the civil penalty shall be not more than $20,000 for each violation. (2) The Department of Community Affairs may investigate a recovery residence for an alleged violation of this act. Upon finding a violation, the Department of Community Affairs may suspend or revoke the recovery residence owner’s license or certification, if applicable, or may impose a civil penalty against the recovery residence owner. If the Department of Community Affairs imposes a civil penalty, the civil penalty shall be not more than $20,000 for each violation. e. As used in this section: “Clinical laboratory” means the same as that term is defined in section 2 of P.L.1975, c.166 (C. 45:9-42.27). “Health care facility” means a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.). “Health care provider” means an individual who provides a health care service to a patient, and includes, but is not limited to, a licensed physician, registered professional nurse, advanced practice nurse, psychologist, psychiatrist, psychoanalyst, clinical social worker, physician assistant, professional counselor, respiratory therapist, speech pathologist, audiologist, optometrist, or any other health care professional acting within the scope of a valid license or certification issued pursuant to Title 45 of the Revised Statutes. “Recovery residence” means a boarding house licensed by the Department of Community Affairs, which provides a sober living environment and alcohol- and drug-free living accommodations to individuals with substance use disorders, or to individuals with co-occurring mental health and substance use disorders, but which does not provide clinical treatment services for mental health or substance use disorders. L.2021, c.31; amended 2025, c.121.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026