reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8-72 - Co-employment of covered employees.

34:8-72 Co-employment of covered employees.
6. a. An employee leasing company registered under this act and the respective client companies with which it has entered into employee leasing agreements shall be the co-employers of their covered employees for the payment of wages and other employment benefits due, including the obligation under the workers' compensation law, R.S.34:15-1 et seq., to maintain insurance coverage for covered employees for personal injuries to, or for the death of, those employees by accident arising out of and in the course of employment through policies issued by an insurance carrier licensed in the State of New Jersey. Such policies shall state the name of the employee leasing company as the labor contractor for each client company, by name.
b. For purposes of P.L.2001, c.260 (C.34:8-67 et seq.), the agreement between the employee leasing company and the client company shall be one of co-employment, whereby the employee leasing company, having accepted the responsibilities set forth in section 2 of P.L.2001, c.260 (C.34:8-68), may submit reports to the department and make contributions to the Unemployment Compensation and State Disability Benefits Funds in the manner prescribed in section 7 of P.L.2001, c.260 (C.34:8-73), on behalf of those covered employees covered by the employee leasing agreement. In addition, the provisions of R.S.34:15-8, regarding the exclusivity of the remedy under the workers' compensation law for personal injuries to, or for the death of, employees by accident arising out of and in the course of their employment, shall apply to the employee leasing company and the client company, and their employees.
c. The employee leasing company shall file reports prescribed under the "unemployment compensation law," R.S.43:21-1 et seq. on behalf of its covered employees as set forth in section 3 of P.L.2013, c.225 (C.43:21-7.8).
L.2001, c.260, s.6; amended 2011, c.118, s.5; 2013, c.225, s.1.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8-73 - Actions upon entry, dissolution of leasing agreement.

34:8-73 Actions upon entry, dissolution of leasing agreement.
7. a. Upon entering into the employee leasing agreement:
(1) If the employee leasing company acquires the client company's total workforce, the employee leasing company shall report wages and pay contributions pursuant to section 3 of P.L.2013, c.225 (C.43:21-7.8). (2) If the employee leasing company acquires less than all of the client company's total workforce, the employee leasing company shall report wages and pay contributions pursuant to section 3 of P.L.2013, c.225 (C.43:21-7.8) with respect to that portion of the workforce so acquired.
b. Upon dissolution of the employee leasing agreement:
(1) If, under the dissolved employee leasing agreement, the employee leasing company used the Entity Level Reporting Method under subsection b. of section 3 of P.L.2013, c.225 (C.43:21-7.8) to report and pay all required contributions to the unemployment compensation fund as required under R.S.43:21-7, and the client company had leased all or a portion of its total workforce, the employee leasing company shall, at the time of dissolution, provide the department with the data necessary to calculate the benefit experience of the client company for purposes of determining the client company's separate benefit experience.
(2) If, under the dissolved employee leasing agreement, the employee leasing company elected to use the Client Level Reporting Method under subsection c. of section 3 of P.L.2013, c.225 (C.43:21-7.8), to report and pay all required contributions to the unemployment compensation fund as required under R.S. 43:21-7, and the client company had leased all or a portion of its total workforce, the department shall compute its benefit experience in accordance with subparagraph (f) of paragraph (4) of subsection c. of section 3 of P.L.2013, c.225 (C.43:21-7.8).
(3) (Deleted by amendment, P.L.2013, c.225)
(4) (Deleted by amendment, P.L.2013, c.225)
(5) (Deleted by amendment, P.L.2013, c.225).
L.2001, c.260, s.7; amended 2013, c.225, s.2.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8-74 - Calculation of unemployment benefit experience.

34:8-74 Calculation of unemployment benefit experience.
8. The employee leasing company shall provide to each client company, upon signing of an employee leasing agreement, written disclosure as to the method to be utilized for calculation of unemployment benefit experience contribution rates and temporary disability contribution rates upon both the inception and dissolution of the employee leasing relationship.
L.2001,c.260,s.8.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8-75 - Inapplicability to temporary help service firms, unit operating as cooperative.

34:8-75 Inapplicability to temporary help service firms, unit operating as cooperative.
9. a. The provisions of this act shall not apply to temporary help service firms, as defined in section 1 of P.L.1989, c.331 (C.34:8-43), or farm labor crew leaders who are subject to P.L.1971, c.192 (C.34:8A-7 et seq.).
b. The provisions of this act shall not apply to an employing unit operating as a cooperative subject to the provisions of Subchapter T of the federal Internal Revenue Code of 1986, 26 U.S.C.s.1381 et seq.
c. Nothing in this act shall exempt either a client company or the covered employees leased to a client company from any applicable State, local, or federal licensing, registration or certification statutes and regulations.
d. Any covered employee who must be licensed, registered or certified, according to law, shall be treated as a covered employee of the client company for the purposes of the license, registration or certification.
e. The provisions of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.) shall remain applicable in all respects to those client companies of the employee leasing company who participate in public construction contracts as set forth in that act.
L.2001,c.260,s.9; amended 2001,c.282,s.1.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8-77 - Compliance with C.17:22A-1 et seq.

34:8-77 Compliance with C.17:22A-1 et seq.
11. Nothing in this act shall exempt an employee leasing company or any employee thereof from compliance with the provisions of P.L.1987, c.293 (C.17:22A-1 et seq.) if its activities fall within the scope of that act or any regulation promulgated pursuant to that act.
L.2001,c.260,s.11.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8-78 - Rules, regulations.

34:8-78 Rules, regulations.
12. The commissioner shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate those rules and regulations necessary to effectuate the purposes of this act.
L.2001,c.260,s.12.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8A-7 - Definitions

34:8A-7. Definitions
As used in this act:
a. "Crew leader" means any person who transports, recruits, supplies or hires farm or food processing laborers and who, for any money or other valuable consideration paid, anticipated or promised to be paid, directly or indirectly by any farm operator or laborer, directs all or any part of the work of such workers, or any person who recruits, supplies, or hires farm or food processing laborers for any money or other valuable consideration paid, anticipated or promised to be paid, directly or indirectly by any farm operator or laborer, but shall not include any owner or lessee of a farm or food processing plant who recruits or hires laborers for work on his farm or in his plant.
b. "Commissioner" means the Commissioner of the Department of Labor and Industry or his authorized representative.
c. "Seasonal farm worker" means any person who is engaged in seasonal or temporary farm work and is a term that may be used interchangeably with the terms "migrant laborer" and "temporary farm worker."
L.1971, c. 192, s. 1, eff. June 7, 1971. Amended by L.1975, c. 49, s. 2, eff. April 7, 1975.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8A-8 - Crew leader; certificate of registration; necessity; duration; nontransferability; display; agents; responsibility of registrant

34:8A-8. Crew leader; certificate of registration; necessity; duration; nontransferability; display; agents; responsibility of registrant
No person shall act as a crew leader, nor shall any person employ a crew leader unless he possesses a current and valid certificate of registration issued by the Department of Labor and Industry. The application and certificate of registration forms shall be prescribed by the commissioner.
A certificate of registration shall expire at midnight on December 31 of the year for which it is granted unless sooner revoked or suspended by the commissioner. A certificate of registration may be renewed each year upon the filing of an application of renewal on a form prescribed by the commissioner. The certificate of registration, once issued, shall not be transferable, shall be kept by the registrant in his immediate personal possession and shall be displayed by the registrant upon request of the commissioner or any properly designated representatives of the commissioner or upon the request of the person by whom the crew leader is employed or upon the request of any seasonal farm worker or prospective seasonal farm worker.
Any person holding a valid certificate of registration pursuant to this act, or any regular employee of such a person, shall wear and display when engaging in activities as a crew leader such identification as the commissioner may require, showing such registration to be duly certified by the State and such regular employee to be the agent of such registrant.
Every such regular employee shall be subject to the provisions of this act and of any rules and regulations promulgated pursuant to this act to the same extent as if he were required to obtain a certificate of registration in his own name. For the purpose of this act, every registrant shall be responsible for the activities of every agent designated by him, and shall be subject to any penalties under this act, including the refusal, suspension or revocation of a certificate of registration, proceeding from any act of any agent designated by him, while such agent is engaged in activities as crew leader.
L.1971, c. 192, s. 2, eff. June 7, 1971. Amended by L.1975, c. 49, s. 3, eff. April 7, 1975.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8A-9 - Requirements of applicants for certificate; rules and regulations; grounds for refusal to issue

34:8A-9. Requirements of applicants for certificate; rules and regulations; grounds for refusal to issue
All applicants for a crew leader certificate of registration shall furnish evidence satisfactory to the commissioner of his good character, knowledge of and experience with the labor laws applicable to crew leaders and farmers and food processing laborers and any other evidence which the commissioner may establish by rule and regulation. In addition, any applicant transporting seasonal farm workers shall furnish proof satisfactory to the commissioner of compliance with the statutory and regulatory requirements of the New Jersey Division of Motor Vehicles. The commissioner may refuse to issue a certificate of registration to any applicant who does not meet the requirements of this section or any applicable rules or regulations issued hereunder.
The commissioner may, however, at his discretion and upon receipt of a signed application from a crew leader stating seasonal farm workers will not be transported by him issue a registration certificate on which the words "not authorized to transport" are conspicuously placed.
L.1971, c. 192, s. 3, eff. July 7, 1971.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8A-10.1 - Retaliatory action against worker for exercise of legal right; prohibition; presumption; liability

34:8A-10.1. Retaliatory action against worker for exercise of legal right; prohibition; presumption; liability
It shall be unlawful for any crew leader to terminate, suspend, demote, transfer, or take adverse action against any past, present or prospective seasonal farm worker in retaliation for the exercise by such seasonal farm worker of any right secured under the laws and regulations of the State or Federal Government.
A rebuttable presumption that an action is retaliatory shall arise from any termination, suspension, demotion or taking of adverse action on the part of the crew leader which action occurs within a period of 60 days following any act by a seasonal farm worker to exercise any right secured under the provisions of this act or under the laws and regulations of the State or any agency or political subdivision thereof which establish the rights of persons engaged in farm labor or which establish duties of employers of persons engaged in farm labor.
Any person aggrieved hereunder may maintain a civil action against the crew leader. Any crew leader found to have violated this act shall be liable to such person aggrieved for full reinstatement and for back wages accumulated during the period of such unlawful retaliation and to exemplary damages in treble the amount of back wages found due, and for costs and attorney's fees.
L.1975, c. 49, s. 6, eff. April 7, 1975.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8A-11 - Refusal to renew, revocation or suspension of certificate; hearing; notice; grounds

34:8A-11. Refusal to renew, revocation or suspension of certificate; hearing; notice; grounds
The commissioner may refuse to renew and may revoke or suspend any certificate of registration after a hearing upon reasonable notice if the applicant:
a. Fails to comply with the provisions of this act or any rules and regulations promulgated hereunder;
b. Knowingly misrepresents to any seasonal farm worker facts relating to working conditions and hours or to the wages to be paid;
c. Knowingly misrepresents any material fact in his application for a crew leader certificate of registration;
d. Violates any State or Federal labor or criminal law; or
e. Is not in fact the real party in interest in holding such certificate of registration and that the real party in interest in any such application or certificate of registration is a person, firm, partnership, association, or corporation which previously has applied for such certification and has been denied such certification, or which previously has been issued a certificate of registration which was subsequently revoked, suspended, or not renewed in this or any other state requiring the registration of crew leaders.
Such action by the commissioner shall be in addition to any other penalties provided by law.
L.1971, c. 192, s. 5, eff. June 7, 1971. Amended by L.1975, c. 49, s. 5, eff. April 7, 1975.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8A-11.1 - Duties of commissioner

34:8A-11.1. Duties of commissioner
The commissioner or his designated representative shall investigate and gather data with respect to matters which may aid in carrying out the provisions of this act. In any case in which a complaint has been filed with the commissioner regarding a violation of this act or with respect to which the commissioner has reasonable grounds to believe that a crew leader has violated any provisions of this act, the commissioner or his designated representative shall investigate and gather data respecting such case, and may, in connection therewith, issue subpenas requiring the attendance and testimony of witnesses or the production of any evidence in connection with such investigation. The commissioner or any agent designated by him for such purposes may administer oaths and affirmations, examine witnesses, and receive evidence.
In addition, the commissioner shall affirmatively monitor and investigate the activities and operations of crew leaders as described in this act without respect to specific complaints, at such frequency and in such a manner as is reasonably necessary to assure the enforcement of the provisions of this act by adopting and implementing a plan to include, as a minimum, (1) the interviewing each month, April through November, of a representative cross section of seasonal farm workers employed by virtue of the services of crew leaders registered with the State, and (2) the making of periodic inspections of records such as those required by subsection a. of section 4 (C. 34:8A-10) of the act hereby supplemented.
L.1975, c. 49, s. 7, eff. April 7, 1975.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8A-12 - Penalties

34:8A-12. Penalties
6. Any person who violates any of the provisions of this act or of the rules and regulations promulgated hereunder shall be a disorderly person and upon conviction, for each violation, shall be punished by a fine of not less than $100 and not more than $1,000, or imprisonment for not more than 30 days, or both. Any sum collected as a fine pursuant to this section shall be applied toward enforcement and administration costs of the Division of Workplace Standards in the Department of Labor.
L.1971,c.192,s.6; amended 1991,c.205,s.24.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8A-13 - Violation of act; injunction; parties

34:8A-13. Violation of act; injunction; parties
Upon a violation of any of the provisions of this act, any aggrieved seasonal farm worker, the commissioner or the Attorney General are specifically authorized to institute a civil action in a court of competent jurisdiction for injunctive relief to restrain the violation and for such other further relief as the court shall deem proper. In such an action the court may proceed in a summary manner. Neither the institution of the action, nor any of the proceedings therein, shall relieve any party to such proceedings from the penalty prescribed for a violation of this act.
L.1971, c. 192, s. 7, eff. June 7, 1971.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8A-14 - Additional penalties

34:8A-14. Additional penalties
8. In addition to any other sanctions herein or otherwise provided by law, the commissioner, upon notice and hearing, may impose a penalty not exceeding $500.00 for any violation of this act or of any rule or regulation duly issued hereunder. Such penalty shall be used for, and recovered by and in the name of the commissioner in a civil action by a summary proceeding under "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). Where any violation of this act or of any rule or regulation duly issued hereunder is of a continuing nature, each day during which such violation continues after the date fixed by the commissioner in any order or notice for the correction or termination of such violation, shall constitute an additional separate and distinct offense, except during the time an appeal from said order or notice may be taken or is pending. It shall be a complete defense to any action for a penalty pursuant to this section for the defendant to prove that the violation complained of is solely the result of the willful destruction by the occupants of any camp; provided, that proof of such fact shall not alter any duty to correct or terminate said violation as ordered by the commissioner. Any sum collected as a penalty pursuant to this section shall be applied toward enforcement and administration costs of the Division of Workplace Standards in the Department of Labor.
L.1971,c.192,s.8; amended 1991,c.205,s.25.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8A-15 - Commissioner of department of labor and industry; enforcement of act; promulgation of rules and regulations

34:8A-15. Commissioner of department of labor and industry; enforcement of act; promulgation of rules and regulations
The Commissioner of the Department of Labor and Industry is specifically authorized to enforce the provisions of this act and to promulgate all rules and regulations which, in his discretion, are necessary to carry out the provisions of this act.
L.1971, c. 192, s. 9, eff. June 7, 1971.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8A-16 - Agreement by employee to waive or modify rights; invalidity

34:8A-16. Agreement by employee to waive or modify rights; invalidity
Any agreement by an employee purporting to waive or to modify his rights hereunder, shall be void as contrary to public policy.
L.1975, c. 49, s. 8, eff. April 7, 1975.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8A-17 - Severability

34:8A-17. Severability
If any provision of this act, or the application thereof to any person or circumstances, shall be held invalid, the remainder of the act and the application of such provision to other persons or circumstances shall not be affected thereby.
L.1975, c. 49, s. 9, eff. April 7, 1975.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8B-1 - Provisions prohibited in advertisements for job vacancies.

34:8B-1 Provisions prohibited in advertisements for job vacancies.
1. Unless otherwise permitted by the provisions of Title 11A of the New Jersey Statutes or any other law, rule or regulation, no employer or employer's agent, representative, or designee shall knowingly or purposefully publish, in print or on the Internet, an advertisement for any job vacancy in this State that contains one or more of the following:
a. Any provision stating that the qualifications for a job include current employment;
b. Any provision stating that the employer or employer's agent, representative, or designee will not consider or review an application for employment submitted by any job applicant currently unemployed; or
c. Any provision stating that the employer or employer's agent, representative, or designee will only consider or review applications for employment submitted by job applicants who are currently employed.
Nothing set forth in this section shall be construed as prohibiting an employer or employer's agent, representative, or designee from publishing, in print or on the Internet, an advertisement for any job vacancy in this State that contains any provision setting forth any other qualifications for a job, as permitted by law, including, but not limited to, the holding of a current and valid professional or occupational license, certificate, registration, permit or other credential, or a minimum level of education, training or professional, occupational or field experience.
In addition, nothing set forth in this section shall be construed as prohibiting an employer or employer's agent, representative, or designee from publishing, in print or on the Internet, an advertisement for any job vacancy that contains any provision stating that only applicants who are currently employed by such employer will be considered.
L.2011, c.40, s.1.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8B-2 - Violations, penalties.

34:8B-2 Violations, penalties.
2. a. Any employer who violates this act shall be subject to a civil penalty in an amount not to exceed $1,000 for the first violation, $5,000 for the second violation and $10,000 for each subsequent violation, collectible by the Commissioner of Labor and Workforce Development in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
b. Nothing set forth in this act shall be construed as creating, establishing or authorizing a private cause of action by an aggrieved person against an employer who has violated, or is alleged to have violated, the provisions of this act.
L.2011, c.40, s.2.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8C-1 - Definitions relative to labor contracts.

34:8C-1 Definitions relative to labor contracts.
1. As used in this act:
"Client employer" means a business entity in the construction industry, regardless of its form, that obtains or is provided workers, directly from a labor contractor or indirectly from a subcontractor, to perform labor or services in the construction industry and within its usual course of business, but does not include a client employer employing workers pursuant to a collective bargaining agreement.
"Commissioner" means the Commissioner of Labor and Workforce Development.
"Labor contractor" means any individual, consulting firm, or other entity that supplies, either directly or indirectly, a client employer with workers to perform labor or services in the construction industry and within the client employer's usual course of business, except that "labor contractor" does not include a contractor employing workers pursuant to a collective bargaining agreement, a bona fide labor organization or apprenticeship program, or a hiring hall operated pursuant to a collective bargaining agreement.
"Usual course of business" means the regular and customary work of a business, performed within or upon the premises or worksite of the client employer, or any other place of business of the client employer for which services or labor are performed.
L.2021, c.271, s.1.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8C-2 - Responsibilities of labor contractor; certifications.

34:8C-2 Responsibilities of labor contractor; certifications.
2. a. Any labor contractor that provides workers to a client employer in the construction industry shall:
(1) certify that the labor contractor has not charged recruitment fees to the workers;
(2) certify that the contractor is in compliance with all State and federal labor laws and regulations applicable to the contractor, including laws concerning wages, unemployment and temporary disability insurance, workers' compensation insurance, workplace safety and health, and the payment of payroll taxes; and
(3) certify that the owner or owners, and any employee of the labor contractor entity engaged in providing workers to client employers, have had criminal background checks in compliance with standards promulgated by the commissioner.
b. All certifications required by this act shall, in compliance with standards promulgated by the commissioner, be kept in written form on file by the contractor for not less than three years after the period of time to which they apply and be provided to the commissioner upon request, and provided to any client employer to whom the contractor provides workers at the time that the workers are provided. The client employer shall also keep the written certifications on file for a period of not less than three years after the period to which they apply and provide them to the commissioner upon request.
L.2021, c.271, s.2.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8C-3 - Violations, penalties.

34:8C-3 Violations, penalties.
3. Any labor contractor or client employer who violates this act shall be subject to a civil penalty in an amount not to exceed $1,000 per worker supplied to a client employer by the labor contractor for the first violation, $5,000 per worker supplied to a client employer by the labor contractor for the second violation and $10,000 per worker supplied to a client employer by the labor contractor for each subsequent violation, collectible by the commissioner in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Each worker that a labor contractor supplies to a client employer without complying with the certification requirements of this act shall constitute a separate violation. Each worker that a client employer obtains from a labor contractor without obtaining certification from the contractor as required by this act shall constitute a separate violation.
L.2021, c.271, s.3.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8D-1 - Findings, declarations.

34:8D-1 Findings, declarations.
1. The Legislature finds and declares:
a. At least 127,000 individuals work for temporary help service firms, sometimes referred to as temp agencies or staffing agencies, in New Jersey. Approximately 100 temporary help service firms with several branch offices are licensed throughout the State. Moreover, there are a large, though unknown, number of unlicensed temporary help service firms that operate outside the purview of law enforcement.
b. Recent national data indicate that the share of Black and Latino temporary and staffing workers far outstrips their proportion of the workforce in general. In addition to a heavy concentration in service occupations, temporary laborers are heavily concentrated in the production, transportation, and material moving occupations and manufacturing industries. Further, full-time temporary help service firm workers earn 41 percent less than workers in traditional work arrangements, and these workers are far less likely than other workers to receive employer-sponsored retirement and health benefits.
c. Recent studies and a survey of low-wage temporary laborers themselves find that, generally, these workers are particularly vulnerable to abuse of their labor rights, including unpaid wages, failure to pay for all hours worked, minimum wage and overtime violations, unsafe working conditions, unlawful deductions from pay for meals, transportation, equipment, and other items, as well as discriminatory practices.
d. This act is intended to further protect the labor and employment rights of these workers.
L.2023, c.10, s.1.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8D-9 - Violation, uncertified temporary help service firm, contract.

34:8D-9 Violation, uncertified temporary help service firm, contract.
9. It is a violation of P.L.2023, c.10 (C.34:8D-1 et al.) for a third party client to enter into a contract with a temporary help service firm not certified under section 8 of P.L.2023, c.10 (C.34:8D-8), for the assignment of a temporary laborer to a designated classification placement. A third party client shall verify a temporary help service firm's status with the director before entering into a contract with the temporary help service firm for the assignment of a temporary laborer to a designated classification placement, and on March 1 and September 1 of each year.
A temporary help service firm shall provide each of its third party clients with proof of valid certification issued by the director at the time of entering into a contract for the assignment of a temporary laborer to a designated classification placement. A temporary help service firm shall be required to notify, both by telephone and in writing, each temporary laborer it assigns to a designated classification placement and each third party client with whom it has a contract for the assignment of a temporary laborer to a designated classification placement within 24 hours of any denial, suspension, revocation, or non-renewal of its certification by the director. All contracts between any temporary help service firm and any third party client for the assignment of a temporary laborer to a designated classification placement shall be considered null and void from the date any denial, suspension, revocation, or non-renewal of certification becomes effective and until such time as the temporary help service firm becomes certified and considered in good standing by the director as provided in section 8 of P.L.2023, c.10 (C.34:8D-8).
Upon request, the director shall provide to a third party client a list of entities certified as temporary help service firms pursuant to section 8 of P.L.2023, c.10 (C.34:8D-8). A third party client may rely on information provided by the director or maintained on the Division of Consumer Affair's website pursuant to section 8 of P.L.2023, c.10 (C.34:8D-8), and shall be held harmless if such information maintained or provided by the director or the division was inaccurate. Any third party client that violates this section shall be subject to a civil penalty not to exceed $500. Each day during which a third party client contracts with a person operating as a temporary help service firm but not certified as a temporary help service firm under section 8 of P.L.2023, c.10 (C.34:8D-8), shall constitute a separate and distinct offense.
L.2023, c.10, s.9.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8D-11 - Aggrieved person, temporary help service firm, third party client violation, civil action, Superior Court.

34:8D-11 Aggrieved person, temporary help service firm, third party client violation, civil action, Superior Court.
11. a. A person aggrieved by a violation of P.L.2023, c.10 (C.34:8D-1 et al.) by a temporary help service firm or a third party client may institute a civil action in the Superior Court, in the county where the alleged offense occurred or where any temporary laborer who is party to the action resides, without regard to exhaustion of any alternative administrative remedies provided in P.L.2023, c.10 (C.34:8D-1 et al.).
A temporary help service firm aggrieved by a violation of P.L.2023, c.10 (C.34:8D-1 et al.) by a third party client may institute a civil action in the Superior Court, in the county where the alleged offense occurred or where the temporary help service firm which is party to the action is located.
An action may be brought by one or more temporary laborers employed by the temporary help service firm for and on behalf of themselves and other temporary laborers similarly situated against the temporary help service firm or a third party client.
Notwithstanding any other relief provided under any other provision of law, a temporary laborer whose rights have been violated under P.L.2023, c.10 (C.34:8D-1 et al.) by a temporary help service firm or a third party client or a temporary help service firm whose rights have been violated under P.L.2023, c.10 (C.34:8D-1 et al.) by a third party client is entitled to the following relief:
(1) in the case of any violation of subsection a. of section 7 of P.L.2023, c.10 (C.34:8D-7) relating to any unlawful restrictions by a temporary help service firm on the right of a temporary laborer to accept a permanent position for any other employment or the right of a third party client to offer such employment to a temporary laborer, $50 for each temporary laborer affected by the temporary help service firm 's policy, practice, or agreement and for each day that policy, practice, or agreement is in effect, plus actual damages;
(2) in the case of unlawful retaliation, the greater of all legal or equitable relief as may be appropriate or liquidated damages equal to $20,000 per incident of retaliation, at the selection of the aggrieved temporary laborer, and reinstatement, if appropriate; and
(3) attorney's fees and costs.
b. The right of an aggrieved person to bring an action under this section terminates upon the passing of six years from the final date of employment by the temporary help service firm or the third party client or upon the passing of six years from the date of termination of the contract between the temporary help service firm and the third party client.
L.2023, c.10, s.11.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:8D-13 - Rights, obligations.

34:8D-13 Rights, obligations.
14. The rights and obligations established by P.L.2023, c.10 (C.34:8D-1 et al.) shall be in addition to those set forth in P.L.1960, c.39 (C.56:8-1 et seq.) and any rules or regulations promulgated thereunder; P.L.1989, c.331 (C.34:8-43 et seq.) and any rules or regulations promulgated thereunder; and any other applicable law, rule, or regulation.
L.2023, c.10, s.14.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:9-1 - Employment of aliens on public works forbidden; penalty

34:9-1. Employment of aliens on public works forbidden; penalty
It shall be unlawful for the state or any county, municipality, board, committee, commission or officer thereof, officer, body or organization having charge of any public work or any construction, whether the same be a building, excavation, pipe-laying, bridge or dock-building, sewer or drainage construction, road building, paving, or any other form or kind of public work, which shall be undertaken and done at public expense or for any person or corporation, to employ as a mechanic or laborer upon such public work or construction, or any part thereof, any person who is not at the time of such employment a citizen of the United States. Any contractor or officer who shall violate the provisions of this section shall forfeit and pay the sum of one hundred dollars, with costs, to be recovered in an action at law in any court of competent jurisdiction, which penalty when recovered shall be paid into the treasury of the state, or county or municipality within which and under whose authority such officer or contractor claims to act.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:9-2 - Resident citizens to be preferred in employment on public works

34:9-2. Resident citizens to be preferred in employment on public works
In the construction of any public work for the state, or any county, city, town, township, or borough, or other municipal corporation or any board, committee, commission or officer thereof, whether the same be a building, excavation, sewer, or drainage construction, road building, paving, bridge, or any other form or kind of public work, preference in employment thereon shall be given to citizens of the state of New Jersey who have resided and maintained domiciles within the state for a period of not less than one year immediately prior to such employment. Persons other than citizens of the state may be employed when such citizens are not available.
Every contract for the construction of public works shall provide that if this section is not complied with the contract shall be voidable at the instance of the state, county or municipality.
All boards, officers, agents or employees having the power to enter into contracts which provide for the expenditure of public money on public works, shall file in the office of the commissioner of labor the names and addresses of all contractors holding contracts with the state, or any county, or municipal corporation, or with any board, committee, commission or officer thereof. Upon the demand of the commissioner a contractor shall furnish a list of the names and addresses of all his or its subcontractors.
Each contractor performing work for the state, or for any county, or municipal corporation, or for any board, committee, commission, or officer thereof shall keep a list of his or its employees, stating whether they are native born citizens or naturalized citizens, and in case of naturalization, the date thereof and the name of the court in which granted.
Any person, firm, or corporation violating the provisions of this section shall be deemed and adjudged a disorderly person, and upon conviction shall be punishable by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment of not less than thirty days nor more than ninety days, or by both such fine and imprisonment.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:9A-1 - Short title

34:9A-1. Short title
This act shall be known as the Seasonal Farm Labor Act.
L.1945, c. 71, p. 350, s. 1. Amended by L.1967, c. 91, s. 2, eff. June 7, 1967.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:9A-2 - Definitions

34:9A-2. Definitions
As used in this act, unless the context clearly requires a different meaning:
(a) " Farm labor camp," or "Migrant labor camp" shall mean one or more tents, vehicles, buildings or structures, together with the tract of land appertaining thereto, used as living quarters by seasonal, temporary or migrant workers directly or indirectly in connection with any work or place where work is being performed, whether or not rent is paid or reserved in connection with the use or occupancy of such premises.
(b) "Commissioner" shall mean the Commissioner of Labor and Industry or any of his authorized deputies, representatives, agents or employees.
(c) "Department" shall mean the Department of Labor and Industry.
(d) "Bureau" shall mean the bureau of migrant labor established by this act.
(e) The terms "seasonal worker," "temporary worker" and "migrant worker" may be used interchangeably and shall include any person who is engaged in any seasonal or temporary work.
(f) All other words and phrases shall be defined and construed as provided by chapter 1 of Title 1 of the Revised Statutes.
L.1945, c. 71, p. 350, s. 2. Amended by L.1967, c. 91, s. 3, eff. June 7, 1967.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:9A-3 - Bureau of migrant labor; establishment

34:9A-3. Bureau of migrant labor; establishment
There is hereby established in the Department of Labor and Industry a bureau of migrant labor.
L.1945, c. 71, p. 351, s. 3. Amended by L.1967, c. 91, s. 4, eff. June 7, 1967.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:9A-4.1 - Migrant labor board; abolition; transfer of functions, powers and duties

34:9A-4.1. Migrant labor board; abolition; transfer of functions, powers and duties
The migrant labor board is hereby abolished and all of its functions, powers and duties are vested in the Commissioner of Labor and Industry. Any rules or regulations previously approved by the migrant labor board shall remain in full force and effect unless or until modified by the commissioner.
L.1967, c. 91, s. 12, eff. June 7, 1967.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:9A-7 - Deputy commissioner of labor; appointment

34:9A-7. Deputy commissioner of labor; appointment
The Commissioner of Labor and Industry shall have the duties and exercise the powers of the bureau through such deputy commissioner of labor as he may designate.
L.1945, c. 71, p. 352, s. 7. Amended by L.1967, c. 91, s. 5, eff. June 7, 1967.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:9A-7.1 - Seasonal worker defined

34:9A-7.1. Seasonal worker defined
As used in this act "seasonal worker" shall mean any person who is engaged in any seasonal or temporary work.
L.1971, c. 194, s. 1, eff. June 7, 1971.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:9A-7.2 - Certified Spanish language interpreters; permanent and temporary staff

34:9A-7.2. Certified Spanish language interpreters; permanent and temporary staff
The Commissioner of the Department of Labor and Industry shall provide for and establish in the Bureau of Migrant Labor a permanent staff of certified Spanish language interpreters and other personnel as necessary to aid and assist seasonal workers in interpreting language in connection with matters involving any Federal, State, county or local governmental agency.
In addition to said permanent staff, the commissioner shall maintain a roster of certified Spanish language interpreters to be available at such times and places on a temporary basis as the commissioner determines.
L.1971, c. 194, s. 2, eff. June 7, 1971.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:9A-7.3 - Permanent staff employment under civil service; employment and compensation of temporary staff

34:9A-7.3. Permanent staff employment under civil service; employment and compensation of temporary staff
Interpreters and other employees for the permanent staff shall be appointed and employed by the commissioner subject to the provisions of Title 11 of the Revised Statutes. Temporary interpreters shall not be appointed pursuant to Title 11 of the Revised Statutes and they shall receive payment for their services on a per diem or such other basis as the commissioner determines to be appropriate.
L.1971, c. 194, s. 3, eff. June 7, 1971.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:9A-7.4 - Rules and regulations

34:9A-7.4. Rules and regulations
The commissioner is authorized to adopt, promulgate and enforce such rules and regulations pertaining to the qualification and certification of interpreters and their duties and such other matters as he determines necessary to implement this act.
L.1971, c. 194, s. 4, eff. June 7, 1971.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:9A-9 - Duties and powers of bureau

34:9A-9. Duties and powers of bureau
The bureau shall:
(a) Enforce the provisions of article 2 of this act either directly or through interdepartmental agreements;
(b) Enforce all other applicable labor laws, including, but not limited to, those relating to private employment agencies, child labor, wage payments and wage claims, with respect to migrant labor camps;
(c) Provide inspectional services to encourage minimum standards of housing and sanitation in migrant labor camps;
(d) Advise and consult with employers of migrant labor as to the ways and means of improving living conditions of migrant workers;
(e) In co-operation with the Department of Health, prescribe minimum standards of sanitation, and preventive and curative health services, not inconsistent with this act, for migrant workers;
(f) In co-operation with the Department of Education, provide, so far as possible, educational facilities for the children of migrant workers;
(g) In co-operation with the Department of State Police, provide for a minimum standard of protection for migrant workers;
(h) In co-operation with the Department of Community Affairs, plan, locate and construct (as soon as conditions permit) experimental State camps for migrant workers; provided, however, that no such camp shall be located or constructed in any municipality where there is not located an industry or farm employing migrant labor without the consent of the governing body of said municipality;
(i) In co-operation with the Department of Agriculture, conduct an educational program for employers of migrant labor pertaining to the standards, methods and objectives of the division of migrant labor;
(j) In co-operation with the Department of Institutions and Agencies, help devise ways and means for resolving the welfare problems that require attention.
L.1945, c. 71, p. 353, s. 9. Amended by L.1967, c. 91, s. 6, eff. June 7, 1967.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:9A-10 - Inspectional services

34:9A-10. Inspectional services
Each camp shall from time to time be inspected by the bureau. Inspectors shall be trained and authorized to consult with and assist camp owners and operators with respect to the requirements of this act. Inspectors shall also ascertain and report to the commissioner all violations of this act, and perform such other duties as the commissioner shall direct.
L.1945, c. 71, p. 354, s. 10. Amended by L.1967, c. 91, s. 7, eff. June 7, 1967.