reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:16-51 - Findings, declarations

34:16-51. Findings, declarations
The Legislature finds and declares that many handicapped citizens enrolled in sheltered (extended) employment programs at sheltered workshops earn subminimum wages in a noncompetitive working environment and therefore require financial assistance so that they may meet their transportation costs.
The Legislature further finds and declares that the Department of Labor through its Division of Vocational Rehabilitation Services, in conjunction with the Division of Developmental Disabilities in the Department of Human Services and the sheltered workshops of this State, should play a major role in defraying the costs of public transportation and paratransit expenses of handicapped citizens enrolled in sheltered (extended) employment programs at sheltered workshops.
L. 1987, c. 455, s. 1.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:16-52 - Definitions.

34:16-52 Definitions.
2. As used in this act:
a. "Division" means the Division of Vocational Rehabilitation Services in the Department of Labor and Workforce Development.
b. "Citizen with a disability" means any individual who, by reason of illness, injury, age, congenital condition, or other permanent or temporary incapacity or disability, is unable without special facilities or special planning or design to utilize mass transportation facilities and services as effectively as persons who are not so affected.
c. "Paratransit" means and includes any service, other than motorbus regular route service and charter services, including, but not limited to, dial-a-ride, nonregular route, jitney or community minibus, and shared-ride services such as vanpools, limousines, or taxicabs which are regularly available to the public. Paratransit shall not include limousine or taxicab service reserved for the private and exclusive use of individual passengers.
d. "Public transportation" means all rail passenger service operated by the New Jersey Transit Corporation, and all motorbus regular route service operated pursuant to P.L.1979, c.150 (C.27:25-1 et seq.) or operated pursuant to R.S.48:4-3.
e. "Sheltered (extended) employment programs" means those programs established pursuant to regulations adopted pursuant to section 8 of P.L.1955, c.64 (C.34:16-27).
f. "Sheltered workshop" means a facility possessing a valid certificate to vend services to the division issued by the director thereof, in compliance with the rules and regulations governing vocational rehabilitation facilities.
L.1987, c.455, s.2; amended 2017, c.131, s.144.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:16-53 - Transportation expense program.

34:16-53 Transportation expense program.
3. The Commissioner of Labor and Workforce Development is directed to establish and implement within 120 days of the effective date of this act a program to be administered by the division to defray the public transportation or paratransit expenses of citizens with disabilities enrolled in sheltered (extended) employment programs at sheltered workshops. The program may provide for the defraying of these expenses by the purchase of bus cards or other appropriate methods as prescribed by the commissioner.
L.1987, c.455, s.3; amended 2017, c.131, s.145.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:16-55 - Rules, regulations

34:16-55. Rules, regulations
The Commissioner of Labor shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) to effectuate the purposes of this act.
L. 1987, c. 455, s. 5.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:17-1 - Purposes

34:17-1. Purposes
Any seven or more persons, residents in this state, may associate themselves into a society for the purpose of carrying on any lawful mechanical, mining, manufacturing or trading business, or of trading and dealing in goods, wares and merchandise or chattels, or of buying, selling, mortgaging, settling, owning, leasing and improving real estate and erecting buildings thereon, within this state, upon making and filing a certificate of association in writing, in the manner hereinafter provided.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:17-2 - Certificate of association; contents

34:17-2. Certificate of association; contents
The certificate of association shall set forth:
a. The name assumed to designate such society and to be used in its business and dealings, which name shall have the word "co-operative" as a distinguishing part thereof, but shall in no respect be similar to that of any other society organized under this chapter;
b. The place or places in this state where the business of the society is to be conducted; and the location of its principal office;
c. The objects for which the society is formed;
d. The total amount of capital stock of the society, the number of shares into which the same is divided, the par value of each share, the manner in which the installments on the shares shall be paid, the number of shares subscribed, and the amount actually paid in cash on account of the same;
e. The terms of admission of members;
f. The mode of application of profits; and
g. The mode of altering and amending the certificate of association and the by-laws of the society.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:17-3 - Certificate; signing; acknowledging; recording and filing

34:17-3. Certificate; signing; acknowledging; recording and filing
Such certificate shall be signed by the persons originally associating themselves together, shall be proved or acknowledged by at least seven of them before an officer qualified to take acknowledgments of deeds of real estate, and after being approved by the commissioner of labor, shall be recorded in the office of the clerk of the county where the principal office or place of business of the society shall be located and a copy thereof shall be filed in the office of the commissioner of labor. Thereupon the persons so associating shall be deemed to be a body corporate with all the powers incident thereto.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:17-4 - First meeting

34:17-4. First meeting
The first meeting of such society shall be called by a notice signed by a majority of the persons named in the certificate of association, designating the time, place and purpose of the meeting, and shall be personally served on all persons signing the certificate, or by advertisement in a newspaper published in the county where the society shall have been incorporated, if such personal service cannot be made.
At such meeting or at any adjourned meeting thereof, a majority of the persons so signing shall constitute a quorum for the transaction of business and may elect the directors and other officers as hereafter provided, and may adopt by-laws, rules and regulations for the government of the society.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:17-5 - Board of directors; officers and agents

34:17-5. Board of directors; officers and agents
The business of every such society shall be managed and conducted by a board of not less than five directors, who shall be members in the society, and shall be annually elected at such time and place as shall be provided in the by-laws thereof. One of the directors shall be chosen president and one treasurer, and such directors and officers shall hold their respective offices until their successors are duly qualified. The society shall also have a secretary and such other officers, agents and factors as may be necessary to carry on its business, and shall choose them in the manner prescribed in the by-laws thereof.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:17-6 - By-laws

34:17-6. By-laws
The by-laws of such society shall provide:
a. For an annual meeting of the members thereof and such other regular and special meetings as may be deemed desirable, the number of members necessary to constitute a quorum for the transaction of business and the right of voting thereat;
b. For the election of directors and other officers, agents and factors, and their respective powers and duties;
c. For the limitation of the amount of such real and personal estate as the purposes of the society shall require;
d. Whether the shares, or any number of them, shall be transferable, and if it is determined that they shall be transferable, provision for their transfer and registration, and the consent of the board of directors to the same, and if it is determined that the shares shall not be transferable, provision for paying to members the balance due to them on withdrawal, or of paying nominees in cases hereinafter mentioned;
e. How members may withdraw from the society;
f. Whether and by what authority any part of the capital may be invested in or on security of another society through which its products are disposed of or its supplies secured;
g. Whether and to what extent credit in its business transactions may be given or taken;
h. In what sum and with what sureties the treasurer and other fiduciary officers and agents shall give bonds for the faithful performance of their respective duties;
i. For the audit of accounts;
j. For the distribution of the net profits; and
k. For the custody, use and device of the seal, which shall bear the corporate name of the society.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:17-7 - Name affixed on outside of place of business

34:17-7. Name affixed on outside of place of business
Every such society shall paint or affix, and shall keep painted or affixed, its name on the outside of every office or place in which the business of the association is carried on, in a conspicuous position in letters easily legible.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:17-8 - Registered office; change

34:17-8. Registered office; change
Every such society shall have a registered office to which all communications and notices may be addressed. Notices in writing of the location of such office, and of any change therein, shall be filed with the commissioner of labor, and in the office of the clerk of the county where the office of the society is located.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:17-9 - Capital stock

34:17-9. Capital stock
The capital stock of such society shall be divided into shares the par value of which shall not be more than fifty dollars, and no share shall be issued for less than its par value. No certificate of shares shall be issued to any member until his shares are fully paid up.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:17-10 - Member entitled to one vote

34:17-10. Member entitled to one vote
No member of such society shall be entitled to more than one vote upon any subject, which vote must be cast in person. The board of directors may, unless otherwise provided in the by-laws, fix and regulate the number of shares to be held by any one member.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:17-11 - Holding interest in other society

34:17-11. Holding interest in other society
Any society incorporated under this chapter may hold in its corporate name any amount of interest in any other society through which its products are disposed of or its supplies secured, but not in excess of one-third in value of the paid-up capital of the society holding such interest.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:17-12 - Annual report

34:17-12. Annual report
The board of directors of every society incorporated under this chapter shall annually make a statement in writing of the condition of such society, setting forth:
a. The amount of capital stock and the number and par value of shares issued;
b. The number of stockholders and the number of shares held by each; and
c. The amount and character of the property of the society and of its debts and liabilities.
Such statement shall be signed and sworn to by a majority of directors, including the treasurer, and filed in the office of the clerk of the county where the principal office of the society is located, and immediately thereafter a copy of such statement shall be forwarded to the commissioner of labor. If the commissioner of labor shall have reason to doubt the correctness of the statement, or upon the written request of five members of the society, he shall cause an examination of the books and affairs of the society to be made and shall render a correct statement to the members thereof. Every member or creditor thereof shall be entitled to receive from the secretary of the society a copy of the annual statement, and every director or other officer refusing to comply with the requirements of this section, or making and signing a false annual statement of the condition of the society, shall forfeit for each offense the sum of one hundred dollars, to be recovered in an action at law in any court of competent jurisdiction in this state by any member or creditor of the society who shall sue for the same.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:17-14 - Distribution of profits; sinking fund

34:17-14. Distribution of profits; sinking fund
There shall be such distribution of the profits of such society among the workmen, purchasers and members as shall be prescribed in the certificate of association, at such times as therein prescribed, as often at least as once in twelve months, but no such distribution shall be made until a sum equal to five per cent of the net profits shall have been appropriated for a contingent or sinking fund and such appropriation shall continue to be made until there shall be accumulated a sum equal to thirty per cent of the capital stock of such society.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:17-15 - Transfer of shares

34:17-15. Transfer of shares
Any member of such society, by a writing under his hand, delivered at the office of the society, may nominate any person, being the husband, wife, father, mother, child, brother, sister, nephew or niece or other relative of such member, to whom his shares of the capital stock of the society shall be transferred at his decease, and from time to time may revoke or vary such nomination by a writing similarly delivered.
The society shall keep a book, wherein the names of all persons so nominated, and the number of shares to be transferred shall be recorded, but in lieu of making such transfer, the society may provide for the payment to all such nominees of the full value of shares intended to be transferred.
If by the by-laws of the society the shares are transferable, this section shall not be construed to forbid the transfer of such shares by sale or will or otherwise, subject to the consent of the board of directors.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:17-16 - Contribution by stockholder

34:17-16. Contribution by stockholder
When the whole capital of such society has not been paid in, and its assets are insufficient for the payment of its debts, liabilities and obligations, each stockholder shall be bound to pay on each share held by him the sum necessary to complete the amount of such share, as fixed in the certificate of association, or such proportion as shall be required to satisfy such debts, liabilities and obligations.
No such contribution shall be required from any person after the expiration of one year from the time he has ceased to be a member, or for any debt, liability or obligation contracted after he has ceased to be a member of such society.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:17-17 - Reincorporation under chapter

34:17-17. Reincorporation under chapter
Any association incorporated under an act entitled "An act to encourage the organization and regulate co-operative associations of workmen," approved March twenty-second, one thousand eight hundred and eighty-one (L.1881, c. 139, p. 163), may come under and be subject to the provisions and liabilities of this chapter, in the same manner as if formed under the same, if such association makes and files the certificate required by section 34:17-2 of this title.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:18-1 - Fidelity deposits by employees as trust funds

34:18-1. Fidelity deposits by employees as trust funds
Any and all sums of money taken or received by any employer from any employee as deposit or security for the faithful performance by such employee of his duties shall be deemed to be trust funds held in trust by such employer for and on behalf of such employee, to be repaid upon the termination of employment or the balance thereof in accordance with the provisions of any contract of employment. Such employer shall not be required to segregate such moneys nor deposit such moneys in separate accounts; provided, however, that such employer shall at all times have available in cash, on deposit or in readily negotiable securities a sum not less than the aggregate amount of such trust funds.
L.1939, c. 117, p. 424, s. 1.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:18-2 - Failure to segregate security moneys; bankruptcy; insolvency

34:18-2. Failure to segregate security moneys; bankruptcy; insolvency
The failure of any employer to segregate such moneys or to deposit such moneys in separate accounts shall not be deemed or taken to constitute a discontinuance of such relationship of trust, and the inability to trace any such trust funds shall not be deemed or taken as a discontinuance of such relationship of trust. Upon the bankruptcy or insolvency of any such employer who shall not have segregated such moneys or deposited such moneys in separate accounts, the first moneys realized from the assets of any such employer shall be taken and set aside in an amount equal to the sums of money taken or received by said employer as deposit or security aforesaid, and dealt with as if such moneys had been segregated by said employer or deposited in separate accounts and the trust aforesaid shall be impressed thereon.
L.1939, c. 117, p. 425, s. 2.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:18-3 - Failure to repay security moneys; punishment

34:18-3. Failure to repay security moneys; punishment
Any employer who shall fail to pay back to an employee such deposit or security moneys or so much thereof as may be due upon the termination of employment, or in accordance with the provisions of the contract of employment shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a period not exceeding one year, or both.
L.1939, c. 117, p. 425, s. 3.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:18-4 - Contracts waiving statutory provisions void

34:18-4. Contracts waiving statutory provisions void
Any contract or agreement between any employer and employee whereby the provisions of section one (1) and two (2) hereof are waived or whereby said employee may agree that any or all sums of money paid by him to his employer as deposit or security for the faithful performance of his duties shall not constitute a trust fund in accordance with the provisions of section one (1) and two (2) shall be void.
L.1939, c. 117, p. 425, s. 4.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:18-5 - "Employer" defined

34:18-5. "Employer" defined
The term employer shall include any individual, or members of firms or partnerships, and all officers of corporations having to do with the management of such corporations or the financial affairs thereof.
L.1939, c. 117, p. 426, s. 5.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:19-2 - Definitions

34:19-2. Definitions
2. As used in this act:
a. "Employer" means any individual, partnership, association, corporation or any person or group of persons acting directly or indirectly on behalf of or in the interest of an employer with the employer's consent and shall include all branches of State Government, or the several counties and municipalities thereof, or any other political subdivision of the State, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.
b. "Employee" means any individual who performs services for and under the control and direction of an employer for wages or other remuneration.
c. "Public body" means:
(1) the United States Congress, and State legislature, or any popularly-elected local governmental body, or any member or employee thereof;
(2) any federal, State, or local judiciary, or any member or employee thereof, or any grand or petit jury;
(3) any federal, State, or local regulatory, administrative, or public agency or authority, or instrumentality thereof;
(4) any federal, State, or local law enforcement agency, prosecutorial office, or police or peace officer;
(5) any federal, State or local department of an executive branch of government; or
(6) any division, board, bureau, office, committee or commission of any of the public bodies described in the above paragraphs of this subsection.
d. "Supervisor" means any individual with an employer's organization who has the authority to direct and control the work performance of the affected employee, who has authority to take corrective action regarding the violation of the law, rule or regulation of which the employee complains, or who has been designated by the employer on the notice required under section 7 of this act.
e. "Retaliatory action" means the discharge, suspension or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of employment.
f. "Improper quality of patient care" means, with respect to patient care, any practice, procedure, action or failure to act of an employer that is a health care provider which violates any law or any rule, regulation or declaratory ruling adopted pursuant to law, or any professional code of ethics.
L.1986,c.105,s.2; amended 1997, c.98, s.1.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:19-3 - Retaliatory action prohibited.

34:19-3 Retaliatory action prohibited.
3. An employer shall not take any retaliatory action against an employee because the employee does any of the following:
a. Discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer, or another employer, with whom there is a business relationship, that the employee reasonably believes:
(1) is in violation of a law, or a rule or regulation promulgated pursuant to law, including any violation involving deception of, or misrepresentation to, any shareholder, investor, client, patient, customer, employee, former employee, retiree or pensioner of the employer or any governmental entity, or, in the case of an employee who is a licensed or certified health care professional, reasonably believes constitutes improper quality of patient care; or
(2) is fraudulent or criminal, including any activity, policy or practice of deception or misrepresentation which the employee reasonably believes may defraud any shareholder, investor, client, patient, customer, employee, former employee, retiree or pensioner of the employer or any governmental entity;
b. Provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation promulgated pursuant to law by the employer, or another employer, with whom there is a business relationship, including any violation involving deception of, or misrepresentation to, any shareholder, investor, client, patient, customer, employee, former employee, retiree or pensioner of the employer or any governmental entity, or, in the case of an employee who is a licensed or certified health care professional, provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into the quality of patient care; or
c. Objects to, or refuses to participate in any activity, policy or practice which the employee reasonably believes:
(1) is in violation of a law, or a rule or regulation promulgated pursuant to law, including any violation involving deception of, or misrepresentation to, any shareholder, investor, client, patient, customer, employee, former employee, retiree or pensioner of the employer or any governmental entity, or, if the employee is a licensed or certified health care professional, constitutes improper quality of patient care;
(2) is fraudulent or criminal, including any activity, policy or practice of deception or misrepresentation which the employee reasonably believes may defraud any shareholder, investor, client, patient, customer, employee, former employee, retiree or pensioner of the employer or any governmental entity; or
(3) is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment.
L.1986,c.105,s.3; amended 1989, c.220; 1997, c.98, s.2; 2005, c.329, s.1.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:19-4 - Written notice required

34:19-4. Written notice required
The protection against retaliatory action provided by this act pertaining to disclosure to a public body shall not apply to an employee who makes a disclosure to a public body unless the employee has brought the activity, policy or practice in violation of a law, or a rule or regulation promulgated pursuant to law to the attention of a supervisor of the employee by written notice and has afforded the employer a reasonable opportunity to correct the activity, policy or practice. Disclosure shall not be required where the employee is reasonably certain that the activity, policy or practice is known to one or more supervisors of the employer or where the employee reasonably fears physical harm as a result of the disclosure provided, however, that the situation is emergency in nature.
L. 1986, c. 105, s. 4, eff. Sept. 5, 1986.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:19-5 - Civil action, jury trial; remedies.

34:19-5 Civil action, jury trial; remedies.
5. Upon a violation of any of the provisions of this act, an aggrieved employee or former employee may, within one year, institute a civil action in a court of competent jurisdiction. Upon the application of any party, a jury trial shall be directed to try the validity of any claim under this act specified in the suit. All remedies available in common law tort actions shall be available to prevailing plaintiffs. These remedies are in addition to any legal or equitable relief provided by this act or any other statute. The court shall also order, where appropriate and to the fullest extent possible:
a. An injunction to restrain any violation of this act which is continuing at the time that the court issues its order;
b. The reinstatement of the employee to the same position held before the retaliatory action, or to an equivalent position;
c. The reinstatement of full fringe benefits and seniority rights;
d. The compensation for all lost wages, benefits and other remuneration; and
e. The payment by the employer of reasonable costs, and attorney's fees.
In addition, the court or jury may order: the assessment of a civil fine of not more than $10,000 for the first violation of the act and not more than $20,000 for each subsequent violation, which shall be paid to the State Treasurer for deposit in the General Fund; punitive damages; or both a civil fine and punitive damages. In determining the amount of punitive damages, the court or jury shall consider not only the amount of compensatory damages awarded to the employee, but also the amount of all damages caused to shareholders, investors, clients, patients, customers, employees, former employees, retirees or pensioners of the employer, or to the public or any governmental entity, by the activities, policies or practices of the employer which the employee disclosed, threatened to disclose, provided testimony regarding, objected to, or refused to participate in.
L.1986,c.105,s.5; amended 1990, c.12, s.4; 2005, c.329, s.2.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:19-6 - Fees, costs to employer

34:19-6. Fees, costs to employer
A court, upon notice of motion in accordance with the Rules Governing the Courts of the State of New Jersey, may also order that reasonable attorneys' fees and court costs be awarded to an employer if the court determines that an action brought by an employee under this act was without basis in law or in fact. However, an employee shall not be assessed attorneys' fees under this section if, after exercising reasonable and diligent efforts after filing a suit, the employee files a voluntary dismissal concerning the employer, within a reasonable time after determining that the employer would not be found to be liable for damages.
L. 1986, c. 105, s. 6, eff. Sept. 5, 1986.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:19-7 - Posting of notices.

34:19-7 Posting of notices.
7. An employer shall conspicuously display, and annually distribute to all employees, written or electronic notices of its employees' protections, obligations, rights and procedures under this act, and use other appropriate means to keep its employees so informed. Each notice posted or distributed pursuant to this section shall be in English, Spanish and at the employer's discretion, any other language spoken by the majority of the employer's employees. The notice shall include the name of the person or persons the employer has designated to receive written notifications pursuant to section 4 of this act. The Commissioner of Labor and Workforce Development shall make available to employers a text of a notice fulfilling the requirements of this section and provide copies of the notice suitable for display and distribution to any employers who request the copies, charging them as much as is needed to pay the costs of the department. The commissioner shall also provide notices printed in a language other than English and Spanish, at the request of the employer.
The requirement that an employer annually distribute to all employees written notices of the protections, obligations, rights and procedures provided to the employees by the provisions of P.L.1986, c.105 (C.34:19-1 et seq.) shall not apply to any employer who has less than 10 employees.
L.1986,c.105,s.7; amended 2004, c.148.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:19-8 - Other rights, remedies unaffected

34:19-8. Other rights, remedies unaffected
Nothing in this act shall be deemed to diminish the rights, privileges, or remedies of any employee under any other federal or State law or regulation or under any collective bargaining agreement or employment contract; except that the institution of an action in accordance with this act shall be deemed a waiver of the rights and remedies available under any other contract, collective bargaining agreement, State law, rule or regulation or under the common law.
L. 1986, c. 105, s. 8, eff. Sept. 5, 1986.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:19-9 - Definitions relative to employer communications on religious, political matters to employees.

34:19-9 Definitions relative to employer communications on religious, political matters to employees.
1. For the purposes of this act:
"Employer" means a person engaged in business who has employees, including the State and any political subdivision or other instrumentality of the State.
"Employee" means any person engaged in service to an employer for wages, salary or other compensation.
"Political matters" include political party affiliation and decisions to join or not join or participate in any lawful political, social, or community organization or activity.
L.2006, c.53, s.1.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:19-10 - Required participation by employee in meetings, communications prohibited; exception.

34:19-10 Required participation by employee in meetings, communications prohibited; exception.
2. No employer or employer's agent, representative or designee may, except as provided in section 3 of this act, require its employees to attend an employer-sponsored meeting or participate in any communications with the employer or its agents or representatives, the purpose of which is to communicate the employer's opinion about religious or political matters.
This act shall not be construed as prohibiting an employer from permitting its employees to voluntarily attend employer-sponsored meetings or providing other communications to the employees, if the employer notifies the employees that they may refuse to attend the meetings or accept the communications without penalty.
L.2006, c.53, s.2.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:19-11 - Permitted communication about religious, political matters.

34:19-11 Permitted communication about religious, political matters.
3. a. An employer or its agent, representative or designee may communicate to employees information about religious or political matters that the employer is required by law to communicate, but only to the extent required by law.
b. Nothing in this act shall prohibit:
(1) A religious organization from requiring its employees to attend an employer-sponsored meeting or to participate in any communications with the employer or its agents or representatives, the purpose of which is to communicate the employer's religious beliefs, practices or tenets;
(2) A political organization or party from requiring its employees to attend an employer-sponsored meeting or to participate in any communications with the employer or its agents or representatives, the purpose of which is to communicate the employer's political tenets or purposes; or
(3) An educational institution from requiring a student or instructor to attend lectures on political or religious matters that are part of the regular course work at the institution.
L.2006, c.53, s.3.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:19-12 - Retaliation against complaining employee prohibited.

34:19-12 Retaliation against complaining employee prohibited.
4. No employer or employer's agent, representative or designee shall discharge, discipline or otherwise penalize or threaten to discharge, discipline or otherwise penalize any employee because the employee, or a person acting on behalf of the employee, makes a good faith report, verbally or in writing, of a violation or suspected violation of this act.
L.2006, c.53, s.4.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:19-13 - Civil action by aggrieved employee.

34:19-13 Civil action by aggrieved employee.
5. Any aggrieved employee may enforce the provisions of this act by means of a civil action brought no later than ninety days after the date of the alleged violation in a court of competent jurisdiction. The court shall award a prevailing employee all appropriate relief, including any of the following which are applicable to the violation:
a. A restraining order against any continuing violation;
b. The reinstatement of the employee to the employee's former position or an equivalent position and the reestablishment of any employee benefits and seniority rights;
c. The payment of any lost wages, benefits or other remuneration; and
d. The payment of reasonable attorneys' fees and costs of the action.
In addition, the court may award the prevailing employee punitive damages not greater than treble damages, or an assessment of a civil fine of not more than $1,000 for a first violation of the act and not more than $5,000 for each subsequent violation, which shall be paid to the State Treasurer for deposit in the General Fund.
L.2006, c.53, s.5.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:19-14 - Construction of act.

34:19-14 Construction of act.
6. Nothing in this act shall be construed to limit an employee's right to bring a common law cause of action against an employer for wrongful termination or to diminish or impair the rights of a person under any collective bargaining agreement.
L.2006, c.53, s.6.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:20-2 - Findings, declarations relative to classification of construction employees.

34:20-2 Findings, declarations relative to classification of construction employees.
2. The Legislature finds that employers in the construction industry who improperly classify employees as independent contractors deprive these workers of proper Social Security benefits and other benefits, while reducing the employers' State and federal tax withholdings and related obligations. Moreover, this practice puts businesses that bear higher costs for complying with the law at a competitive disadvantage.
L.2007, c.114, s.2.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:20-3 - Definitions relative to classification of construction employees.

34:20-3 Definitions relative to classification of construction employees.
3. For purposes of this act:
"Employer" means a partnership, association, joint stock company, trust, corporation, or other legal business entity or successor thereof who is primarily engaged in the business of, or enters into a contract for, making improvements to real property and includes any subcontractor or lower tier contractor.
"Public body" means the State of New Jersey, any of its political subdivisions, any authority created by the Legislature of the State of New Jersey and any instrumentality or agency of the State of New Jersey or of any of its political subdivisions.
"Public work" means construction, reconstruction, demolition, alteration, custom fabrication, or repair work, or maintenance work, including painting and decorating, done under contract and paid for in whole or in part out of the funds of a public body, except work performed under a rehabilitation program. "Public work" shall also mean construction, reconstruction, demolition, alteration, custom fabrication, or repair work, done on any property or premises, whether or not the work is paid for from public funds, if, at the time of the entering into of the contract:
(a) Not less than 55% of the property or premises is leased by a public body, or is subject to an agreement to be subsequently leased by the public body; and
(b) The portion of the property or premises that is leased or subject to an agreement to be subsequently leased by the public body measures more than 20,000 square feet.
L.2007, c.114, s.3.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:20-4 - Certain services deemed employment; exceptions.

34:20-4 Certain services deemed employment; exceptions.
4. For purposes of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), the "unemployment compensation law," R.S.43:21-1 et seq., the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et seq.), the "New Jersey Gross Income Tax Act," N.J.S.54A:1-1 et seq., or other applicable State tax laws, P.L.1965, c.173 (C.34:11-4.1 et seq.) and the "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.), services performed in the making of improvements to real property by an individual for remuneration paid by an employer shall be deemed to be employment unless and until it is shown to the satisfaction of the Department of Labor and Workforce Development that:
a. the individual has been and will continue to be free from control or direction over the performance of that service, both under his contract of service and in fact; and
b. the service is either outside the usual course of the business for which the service is performed, or the service is performed outside of all the places of business of the employer for which the service is performed; and
c. the individual is customarily engaged in an independently established trade, occupation, profession or business.
The failure to withhold federal or State income taxes or to pay unemployment compensation contributions or workers' compensation premiums with respect to an individual's wages shall not be considered in making a determination under this section.
L.2007, c.114, s.4.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:20-6 - Penalty for knowingly improperly classifying construction employee; debarment.

34:20-6 Penalty for knowingly improperly classifying construction employee; debarment.
6. If the Commissioner of Labor and Workforce Development determines, after investigation, that an employer or any officer, agent, superintendent, foreman, or employee of the employer has knowingly failed to properly classify an individual as an employee in accordance with section 4 of this act and failed to pay required wages, benefits, taxes or other contributions, or if a final conviction and disposition of a violation of this act is made pursuant to section 5 of this act in which the violator is found to be guilty of a crime of the second, third or fourth degree, then the commissioner shall place the employer on a list of employers who are prohibited from contracting, directly or indirectly, with any public body for the construction of any public building or other public work projects, or from performing any work on the same, for a period of three years. The commissioner shall give notice by mail of that list to any public body who shall request the commissioner so to do.
In the case of a determination by the commissioner, if the person responsible denies that a failure to properly classify an employee has occurred, he shall have the right to apply to the commissioner for a hearing in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), which shall be afforded and a decision shall be rendered within 48 hours of the request for a hearing. The commissioner may bring an action in Superior Court to enjoin or invalidate any contract award made in violation of this section.
L.2007, c.114, s.6.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:20-8 - Improper classification of construction worker, civil action by employee.

34:20-8 Improper classification of construction worker, civil action by employee.
8. a. No employer shall require or request that any individual enter into an agreement or sign a document which results in the misclassification of the individual as an independent contractor or otherwise does not accurately reflect the employment relationship with the employer.
b. An individual employed as a construction worker who has not been properly classified as an employee may bring a civil action for damages against the employer or any other employer who was in contract with the employee, for failing to properly classify the employee if the employer had knowledge of the misclassification. An individual representative, including a labor organization, may bring the action on behalf of the individual or as a class action. The court may award attorneys fees and other costs of the action in addition to damages to an individual or class of individuals who have not been properly classified as employees in accordance with section 4 of this act.
L.2007, c.114, s.8.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:20-9 - Discrimination, retaliation prohibited.

34:20-9 Discrimination, retaliation prohibited.
9. It shall be unlawful for an employer or any other party to discriminate in any manner or take adverse action against any person in retaliation for exercising rights protected under this act. Rights protected under this act include, but are not limited to: the right to file a complaint or inform any person about an employer's noncompliance with this act; the right to inform any person of his potential rights and to assist him in asserting those rights. Any person who in good faith alleges noncompliance with this act shall be afforded the rights provided by this act, notwithstanding his failure on the merits. Taking adverse action against a person within 90 days of the person's exercise of rights protected under this act shall raise a rebuttable presumption of having done so in retaliation for the exercise of those rights.
L.2007, c.114, s.9.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:20-10 - Severability.

34:20-10 Severability.
10. The provisions of this act shall be deemed to be severable and if any section, subsection, paragraph, sentence or other part of this act is declared to be unconstitutional, or the applicability thereof to any person is held invalid, the remainder of this act shall not thereby be deemed to be unconstitutional or invalid.
L.2007, c.114, s.10.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:20-11 - Rules, regulations.

34:20-11 Rules, regulations.
11. The commissioner shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), make and promulgate rules and regulations necessary to implement the purposes of this act.
L.2007, c.114, s.11.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:21-3 - Contents of required notification.

34:21-3 Contents of required notification.
3. The notification provided pursuant to subsection a. of section 2 of this act shall include:
a. A statement of the number of employees whose employment will be terminated in connection with the mass layoff or transfer or termination of operations of the establishment, the date or dates on which the mass layoff or transfer or termination of operations and each termination of employment will occur;
b. A statement of the reasons for the mass layoff or transfer or termination of operations;
c. A statement of any employment available to employees at any other establishment operated by the employer, and information regarding the benefits, pay and other terms and conditions of that employment and the location of the other establishment;
d. A statement of any employee rights with respect to wages, severance pay, benefits, pension or other terms of employment as they relate to the termination, including, but not limited to, any rights based on a collective bargaining agreement or other existing employer policy;
e. A disclosure of the amount of the severance pay which is payable pursuant to the provisions of subsection b. of section 2 of this act; and
f. A statement of the employees' right to receive from the response team, pursuant to subsection c. of section 2 and subsection a. of section 5 of this act, information, referral and counseling regarding: public programs which may make it possible to delay or prevent the transfer or termination of operations or mass layoff; public programs and benefits to assist the employees; and employee rights based on law.
The notification shall be in writing and, after the commissioner has made a form for the notification available to employers, provided on that form. The commissioner shall make the form available to employers not more than 90 days following the effective date of this act.
L.2007, c.212, s.3.