reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-98.9 - Complaints; serious accidents.

34:6-98.9 Complaints; serious accidents.
9. a. Whenever the commissioner receives a complaint in writing signed by 2 or more persons employed in a mine, setting forth that the mine or part thereof in which he or they are working is being operated contrary to law, or is dangerous in any respect to the health or lives of those employed therein, he shall cause to be inspected such mine as soon as possible. The names of the persons making such complaint shall be kept secret, unless permission to disclose them be expressly granted by the persons making the complaint. Such complaint shall in all cases set forth the nature of the danger existing at the mine, and the time when such danger was first observed. If, after such inspection, it is found that the conditions are dangerous to the health or lives of those employed therein, the commissioner shall serve a notice, setting forth fully the facts, upon the operator or any person having charge of such mine, and shall order the operator of said mine or mines to remove such dangerous or harmful conditions, and the operator of said mine shall obey said order.
b. Whenever loss of life or serious accident shall occur in any mine, the operator thereof shall forthwith give notice immediately in the quickest possible manner, and, in addition, shall report the facts thereof in writing within 24 hours after such occurrence in a manner prescribed by the section.
The refusal or failure of said owner, agent, manager or operator to so report shall be a misdemeanor. The section, upon receipt of notice of such accident, shall investigate the same and make, or cause to be made, a report which shall be filed for future reference. In case of the loss of life, any inspector of the section may take testimony of witnesses relative to the same, for the purpose of ascertaining the cause of such accident, and for his information in filing a report concerning the same. If, after making such investigation, the section considers the facts warrant it, a copy of the report of such accident and all papers relating thereto shall be forwarded to the county prosecutor of the county in which the accident or loss of life occurred, together with an accompanying statement, showing in what particular or particulars it is believed the law to have been violated, and if upon the receipt thereof, the prosecuting officer of the said county deems the facts sufficient to make a prima facie case of criminal action against any person or persons, he shall present such evidence to the grand jury, or take such steps for the criminal prosecution of such operator, employees or persons as may seem advisable.
L.1954, c.197, s.9; amended 2007, c.155, s.8.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-98.10 - Limitation of municipal ordinances

34:6-98.10. Limitation of municipal ordinances
No municipality or other governmental subdivision shall have the power to make any ordinance, by-law or resolution providing for safety to workers in the mining industry or providing for protection of property that does not comply with the standards herein established by this act, and the rules and regulations promulgated by the commissioner hereunder. Nothing in this act shall, however, limit the right of any municipality or other governmental subdivision to make inspections of mining operations.
L.1954, c. 197, p. 743, s. 10.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-98.11 - Hearing of aggrieved persons

34:6-98.11. Hearing of aggrieved persons
a. Any person aggrieved by an act of the commissioner or the department under this act may, upon application made within 15 days after notice thereof, be entitled to a hearing before the commissioner who shall, within 30 days thereafter, hold a hearing of which at least 15 days' written notice shall be given to all interested parties. Within 30 days after such hearing, the commissioner shall issue an appropriate order modifying, approving or disapproving its prior order or act. A copy of such order shall be served upon all interested parties.
b. Pending the determination by the commissioner and upon application therefor, the commissioner may stay the operation of such order upon such terms and conditions as he may deem proper.
L.1954, c. 197, p. 744, s. 11.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-98.12 - Appropriation

34:6-98.12. Appropriation
There is hereby appropriated to the Department of Labor and Industry the sum of $70,000.00 for the use of the commissioner in administering and enforcing the provisions of this act.
L.1954, c. 197, p. 744, s. 12.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-98.13 - Enforcement of act

34:6-98.13. Enforcement of act
It shall be the duty of the commissioner to enforce the provisions of this act, to make complaints against persons or firms; companies or corporations, or agents thereof; and operators, violating any of its provisions and to prosecute violations of the same.
L.1954, c. 197, p. 744, s. 13.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-98.14 - Violations, penalties.

34:6-98.14 Violations, penalties.
14. Any person violating any of the provisions of this act shall be liable to a penalty of not more than $2,500 for the first offense, not more than $5,000 for the second offense and not more than $10,000 for the third and any subsequent offense, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Any person violating any provision of this act which results in serious bodily injury, shall be liable for a penalty of not less than $100 nor more than $25,000 to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Any violation of the act by an officer, agent or employee shall also be a violation of the act by his employer if such employer had knowledge of and actual control over the cause of such violation. Where the violation is of a continuing nature each day during which it continues, after the date given by which the violation must be eliminated in the order by the commissioner, shall constitute an additional separate and distinct offense, except during the time an appeal from said order may be taken or is pending.
The commissioner is hereby authorized and empowered to compromise and settle any claim for a penalty under this section in such amount in the discretion of the commissioner as may appear appropriate and equitable under all of the circumstances.
L.1954, c.197, s.14; amended 1973, c.257, s.5; 2007, c.155, s.9.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-98.15 - Provisions severable

34:6-98.15. Provisions severable
If any section, subsection, sentence, clause or phrase of this act is held to be unconstitutional or invalid, such decision shall not affect the remaining portion of this act.
L.1954, c. 197, p. 745, s. 15.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-98.17 - Repeals

34:6-98.17. Repeals
Article 9 of chapter 6 of Title 34 of the Revised Statutes (sections 34:6-68 to 34:6-98) and sections 34:1-34, 34:1-35, 34:1-36 of the Revised Statutes are hereby repealed.
L.1954, c. 197, p. 745, s. 17.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-98.18 - Effective date

34:6-98.18. Effective date
This act shall take effect October 1, 1954, providing however, that sections 3 and 12 of this act shall take effect immediately.
L.1954, c. 197, p. 745, s. 18.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-119.1 - Company defined

34:6-119.1. Company defined
As used in this act, "company" and "companies" include corporations, associations, and any and all other legal entities.
L.1966, c. 112, s. 1, eff. June 17, 1966.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-119.2 - Facilities for employees; rest rooms, lunch rooms, etc.

34:6-119.2. Facilities for employees; rest rooms, lunch rooms, etc.
Every railroad company, express company, car-loading and freight-forwarding company and airline company, which is a common carrier of passengers and freight, or either, or both, and which has or shall have in this State, a station, office, depot, shop, platform shelter houses, section headquarters, assembly points or other place incidental to the conduct of its business as a common carrier, where its employees are required to assemble or to be in attendance in the performance of their work as such employees, shall provide and maintain for its employees, in such cases as the Commissioner of Labor and Industry of New Jersey shall certify to be necessary, adequate facilities for the health and comfort of said employees, including rest rooms, rooms wherein lunches may be eaten, lockers, washrooms and toilets, with separate facilities for men and women where both men and women are employed. As used in this section, "stations" shall include stations for passengers and freight, "offices" shall include yard offices as well as other offices, "depots" shall include passenger and freight depots, "shops" shall include locomotive shops, diesel shops and other shops and "platforms" shall include platforms for loading or unloading of freight and express, or for either, or both. And "shelter houses, section headquarters, assembly points" shall include tool houses, car houses or any location used as an assembly point.
L.1966, c. 112, s. 2.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-119.3 - Determination of adequacy by commissioner; rules and regulations

34:6-119.3. Determination of adequacy by commissioner; rules and regulations
The Commissioner of Labor and Industry shall have the authority to determine the adequacy of the said facilities and may order the furnishing and maintaining of adequate facilities of the kind prescribed by this act and fix the time, which shall not exceed 6 months, within which such facilities shall be provided. The Commissioner of Labor and Industry may prescribe rules and regulations to administer and effectuate the purposes of this act. Such rules and regulations shall have the force and effect of law and shall be enforced in the same manner.
L.1966, c. 112, s. 3.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-119.4 - Compliance with act

34:6-119.4. Compliance with act
The said companies shall comply with the provisions of this act within 6 months from the effective date of this act, except that in the case of any new constructions and installations, compliance with this act shall coincide with the commencement of the use of such constructions and installations.
L.1966, c. 112, s. 4.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-119.5 - Investigations and inquiries by Department of Health

34:6-119.5. Investigations and inquiries by Department of Health
Nothing herein contained shall be deemed to preclude investigations and inquiries by the State Department of Health pursuant to section 26:2-34 of the Revised Statutes.
L.1966, c. 112, s. 5.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-119.6 - Violation of act; penalty

34:6-119.6. Violation of act; penalty
6. Any company, the officers and agents thereof, and any other person who shall violate any of the provisions of this act or of any order made by the Commissioner of Labor pursuant to this act, shall be liable to a penalty of $50.00 for the first violation and $100.00 for each subsequent violation. In the case of a continuing violation, the violation on each day shall be deemed to be a separate violation. Any such penalty shall be enforced and collected in accordance with "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.). Any such penalty may be collected or enforced by summary proceedings or in a summary manner. Any action to collect or enforce any such penalty shall be brought in the name of the Commissioner of Labor in the Superior Court. All penalties recovered under this act shall be paid into the treasury of this State.
L.1966,c.112,s.6; amended 1991,c.91,s.346.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-121 - Tenement defined

34:6-121. Tenement defined
Within the meaning of this article a tenement is any house or building or portion thereof which is rented, leased, let or hired out to be occupied or is occupied as the home or residence of three families or more, living independently of each other and doing their cooking upon the premises.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-122 - License required

34:6-122. License required
No dwelling, tenement, or room therein, or building situated immediately in the rear of a tenement or dwelling shall be used for the purpose of manufacturing, altering, repairing, finishing or distributing therein, for hire or reward, any goods whatsoever unless a license is secured therefor, as provided in this article.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-123 - Application for license

34:6-123. Application for license
Application for such a license shall be made to the commissioner by any family or member thereof, or any person desiring to manufacture, alter, repair, finish or distribute any goods in any dwelling, tenement, or room therein, or building situated immediately in the rear of a tenement or dwelling. Each license shall run continuously for a period of one year, whereupon a new or further license must be obtained. Each application for such a license shall describe the dwelling, tenement, room or building, shall specify the number of persons to be employed therein, and be in such form as the commissioner may determine. Blank applications shall be prepared and furnished by the commissioner.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-124 - Investigation before granting license

34:6-124. Investigation before granting license
Before any such license is granted, an inspection of the dwelling, tenement, room, or building sought to be licensed, shall be made by the commissioner, factory inspector or investigator. If the commissioner or such inspectors or investigators ascertain that such dwelling, tenement, room, or building is in a clean and proper sanitary condition, and that the goods specified in the application may be manufactured, altered, repaired, finished or distributed therein under clean and healthful conditions, the commissioner shall grant the license.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-125 - Number of employees

34:6-125. Number of employees
Each license shall state the maximum number of persons who may be employed in the dwelling, tenement, room, or building. The number shall be determined by the number of cubic feet of air space contained in each room mentioned in the license, allowing not less than two hundred and fifty cubic feet for each person employed between the hours of six o'clock in the morning and six o'clock in the evening, unless by special written permit of the commissioner and not less than four hundred cubic feet for each person employed therein between the hours of six in the evening and six in the morning, but no permit shall be issued unless the dwelling, tenement, room, or building has suitable light at all times during work hours.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-126 - License to be posted; revocation

34:6-126. License to be posted; revocation
The license must be posted in a conspicuous place in the room or rooms where the work is carried on. The license may be revoked by the commissioner if the health of the community or of the employees requires it, or if it appears that the place to which the license relates is not in a healthy and proper sanitary condition. Every room in which goods are manufactured, altered, repaired, finished or distributed shall be kept in a clean and sanitary condition, and shall be subject to examination and inspection by the commissioner, factory inspectors, investigators, local boards of health, or tenement house inspectors for the purpose of ascertaining whether the goods, or any part or parts thereof, are clean and free from vermin and every matter of infectious or contagious nature.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-127 - Diseases to be reported

34:6-127. Diseases to be reported
Any person holding such license shall immediately report to the department any case of infectious or contagious disease occurring in the place covered by the license. If the commissioner, factory inspector, investigator, local board of health, or tenement house inspector shall find evidence of infectious or contagious disease present in any place subject to the provisions of this article he or it shall issue such orders as the public health may require and shall condemn and destroy such infectious and contagious goods.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-128 - Contracts to manufacture in unlicensed place unlawful

34:6-128. Contracts to manufacture in unlicensed place unlawful
It shall be unlawful for any person to contract to manufacture, alter, repair, finish or distribute for such purposes any goods whatsoever in an unlicensed dwelling, tenement or room therein or building situated immediately in the rear of a tenement or dwelling, not licensed as provided in this article. It shall also be unlawful for any person to receive from, handle or convey to others or to sell, offer for sale, to expose for sale or hold in stock any goods that have been manufactured or altered or repaired or finished or distributed for such purposes in any such unlicensed dwelling, tenement, room, or building.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-129 - Separate living quarters; toilets

34:6-129. Separate living quarters; toilets
The commissioner may, when he deems it necessary, require that any and all rooms to which this article applies, shall be separate from and have no door, window or other opening into any living or sleeping room. He may further require or direct a separate outside entrance to the rooms where the work is carried on, and if such work is carried on above the first floor, he may direct that a separate and distinct stairway leading thereto be constructed and every such room shall be well and sufficiently heated and ventilated by ordinary, or, if necessary, by mechanical appliances. He may also require suitable closet arrangements and separate toilets when and as he deems it necessary.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-130 - Contract record

34:6-130. Contract record
Any person, by himself or by his agent, contracting for the manufacturing, altering, repairing, finishing or distributing in any place regulated by this article of any goods whatsoever, shall keep a register of the names and addresses plainly written in English of the persons to whom the article or goods are given, and the place where the articles are to be so manufactured, altered, repaired, finished or distributed. The register shall be subject to inspection on demand by the commissioner or factory inspectors or investigators, and a copy thereof shall be furnished at his or their request.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-130.1 - Records of and payment for homework in hand knitting industry

34:6-130.1. Records of and payment for homework in hand knitting industry
All homeworkers engaged or employed in the hand knitting industry shall keep a daily record of work done, and all employers in said industry shall likewise keep and maintain a record of the daily work done by any such homeworker or employee. All records shall be kept and maintained by all parties for a period of two years. All employers shall henceforth be required to pay each employee for work done immediately upon the completion and delivery of the same.
L.1940, c. 98, p. 232, s. 1.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-130.2 - Violations of section 34:6-130.1; penalties

34:6-130.2. Violations of section 34:6-130.1; penalties
Any violation of the provisions hereof shall subject the offender to a penalty of not less than fifty dollars ($50.00) for the first offense, and a penalty of not less than two hundred dollars ($200.00) for a second and each subsequent offense. All penalties sued for hereunder shall be in accordance with the practice and procedure contained in section 34:6-136 of the Revised Statutes.
L.1940, c. 98, p. 232, s. 2.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-131 - Manufacture of infants' clothing, dolls and dolls' clothing prohibited in tenement houses

34:6-131. Manufacture of infants' clothing, dolls and dolls' clothing prohibited in tenement houses
The manufacturing, altering, repairing or finishing in whole or in part, or distributing for the purposes thereof, of any dolls, dolls' clothing, articles of children's or infants' wearing apparel in any tenement house is hereby prohibited, notwithstanding anything to the contrary elsewhere in this article.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-132 - Infants' and dolls' clothing and dolls; manufacture in dwelling

34:6-132. Infants' and dolls' clothing and dolls; manufacture in dwelling
No license to manufacture, alter, repair or finish in whole or in part, or distribute for the purposes thereof, any dolls, dolls' clothing, or articles of children's or infants' wearing apparel, shall be granted for any dwelling unless the applicant shall also first secure the approval of the local board of health.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-133 - Tailors and seamstresses exempted

34:6-133. Tailors and seamstresses exempted
Nothing in this article shall be held to prevent the employment of a tailor or seamstress by any person for the purpose of making, altering, repairing or finishing any articles of wearing apparel for the personal use of such person or for the personal use of his family.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-134 - Penalty

34:6-134. Penalty
Any corporation, the officers and agents thereof, the members of any firm, the agents thereof, and any other person who shall violate any of the provisions of this article shall be liable to a penalty of twenty-five dollars for the first violation and fifty dollars for each subsequent violation.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-135 - Disorderly house

34:6-135. Disorderly house
Any place where manufacturing, altering, repairing, finishing or distributing for the purposes thereof, of any goods, for hire or reward, is habitually carried on in violation of this article shall be deemed a disorderly house, and the officers or agents of any corporation, the members of any firm, and any other person owning, operating or managing the business shall be deemed to be guilty of keeping a disorderly house, and upon conviction thereof, shall be fined a sum not to exceed five hundred dollars, or shall be imprisoned for a term not to exceed two years, or both.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-136 - Recovery of penalties; disposition

34:6-136. Recovery of penalties; disposition
34:6-136. Any penalty for a violation of this article shall be recovered in a civil action brought in the name of the commissioner in the Superior Court or municipal court of the municipality, where the offense is committed.
A penalty recovered shall be transmitted by the clerk of the court to the commissioner and by him paid into the treasury of this State.
Amended 1953,c.33, s.16; 1991,c.91,s.347.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-136.1 - Declaration of policy

34:6-136.1. Declaration of policy
(a) The Legislature has long recognized, through laws regulating the employment of men, women and children, that working conditions detrimental to health and welfare result in injury not only to the workers immediately affected but to the public interest as a whole. Now the Legislature finds that industrial home work runs counter to, and tends to defeat, the purpose of these laws because it is performed at excessively low wages for long and irregular hours, under insanitary and otherwise unhealthful working conditions, in constant competition with factory production and free from effective regulation; that these factors result in (1) serious danger to the health, efficiency and general well-being of home workers, (2) the breakdown of standards of employment for factory workers in this State, (3) rendering more difficult the enforcement of laws governing the standards of employment for such factory workers, (4) unfair competition between employers in factory production and employers utilizing industrial home work, and (5) detriment to the consumer and the public welfare.
(b) It is hereby declared to be the policy of this act, through the exercise by the Legislature of the police power, to control strictly the methods of production by industrial home work in this State.
L.1941, c. 308, p. 828, s. 1.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-136.3 - Prohibited homework

34:6-136.3. Prohibited homework
Prohibited homework. The manufacture of any of the following by industrial homework shall be unlawful, and no permit or certificate issued under this act shall be deemed to authorize such manufacture: (1) Articles of food or drink, (2) Articles for use in connection with the serving of food or drink, (3) Toys and dolls, (4) Tobacco, (5) Drugs and poisons, (6) Bandages and other sanitary goods, (7) Explosives, fireworks, and articles of like character, (8) Articles of infants' and children's wearing apparel, (9) Articles of women's or men's wearing apparel, (10) Articles, the processing of which requires exposure to substances determined by the commissioner to be hazardous to the health or safety of persons so exposed, (11) the manufacture or distribution of dolls' clothing in any tenement house is hereby prohibited, anything to the contrary herein notwithstanding.
L.1941,c.308,s.3; amended 1991,c.47,s.1.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-136.4 - Power to prohibit

34:6-136.4. Power to prohibit
(a) The commissioner shall have the power upon his own initiative, and it shall be his duty upon receipt of a petition of fifty or more residents of this State, to make an investigation of any industry which employs home workers, in order to determine: (1) Whether the wages and conditions of employment are injurious to the health and welfare of home workers in such industry; and (2) Whether the wages and conditions of employment of home workers prevailing in such industry have the effect of rendering unduly difficult the maintenance of existing labor standards in or the observance and enforcement of labor standards established by law or regulation for factory workers in such industry.
(b) If, on the basis of information in his possession, with or without an investigation, and after a public hearing as provided for by section five of this act, the commissioner shall find that industrial home work cannot be continued within any industry without: (1) injuring the health and welfare of the home workers within that industry, or (2) rendering unduly difficult the maintenance of existing labor standards of factory workers in that industry or the observance and enforcement of labor standards established by law or regulation for factory workers in that industry, the commissioner shall by order prohibit industrial home work in such industry, except as may be otherwise provided in such order pursuant to the provisions of section six of this act, and no permit issued under this act shall be deemed thereafter to authorize the furnishing of articles or materials for industrial home work prohibited by such order.
L.1941, c. 308, p. 830, s. 4.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-136.5 - Hearings

34:6-136.5. Hearings
Before making such order the commissioner shall hold a public hearing or hearings at which an opportunity to be heard shall be afforded to any employer, or representatives of employers, and any home worker, or representative of home workers, and any other person or persons having an interest in the subject matter of hearing. A public notice of such hearing shall be given in such manner as may be fixed by the commissioner. Such notice shall be given at least thirty days before the hearing is held. Such hearing or hearings shall be in such place or places as the commissioner deems most convenient to the employer and home workers to be affected by such order.
L.1941, c. 308, p. 831, s. 5.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-136.6 - Orders

34:6-136.6. Orders
(a) The commissioner shall determine the effective date of such order, which date shall be not less than ninety days after the date of its promulgation. The order shall set forth the type or types of manufacturing which are prohibited after its effective date, and shall contain such terms and conditions as the commissioner may deem necessary to carry out the purpose and policy of this act and to safeguard its provisions. The commissioner may in such order permit limited distribution of industrial home work under such terms or conditions as are hereinafter prescribed by subsection (b) of this section, to any person if he finds (1) That such person is unable to adjust to factory employment because of old age or physical or mental deficiency or disability, or is unable to leave the home because his services are essential to care for an invalid in the home; and (2) That such limited distribution is not inconsistent with the purpose and policy of this act.
(b) Industrial home work shall be performed under subsection (a) of this section only where (1) the employer maintains a factory or business in this State in which persons are employed on operations which are the same or similar to the home work operations permitted and, provided further, that the commissioner shall determine the ratio, which shall not exceed one-third, of the number of home workers engaged by an employer to the number of persons employed by said employer in his factory or business, said determination to be based on conditions of employment, maintenance of existing labor standards and other factors involving the preservation of the best interests of this State; (2) on any operation, a home worker is paid at least the same rate as that paid to workers on the same or similar operations in the factory or business; and (3) the employer and home worker comply with such other terms or conditions as the commissioner may by rule or regulation prescribe to safeguard the health and welfare of home workers and the wages and working conditions of factory workers, and to effectuate the purpose of this section.
L.1941, c. 308, p. 832, s. 6.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-136.8 - Fees

34:6-136.8. Fees
A fee of $150.00 shall be paid to the Department of Labor and Industry for the original issuance of an employer's permit. For each annual renewal of such permit, the employer shall pay to the department a fee of: (1) $150.00, where at no time during the preceding calendar year did the employer directly or indirectly have business relations with more than 25 home workers; (2) $300.00, where at any time during the preceding calendar year the employer directly or indirectly had business relations with more than 25 home workers.
L.1941, c. 308, p. 835, s. 8. Amended by L.1971, c. 154, s. 6, eff. May 20, 1971.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-136.9 - Revocation of permit

34:6-136.9. Revocation of permit
If the commissioner has reason to believe that a person having an employer's permit is not observing the provisions of this act or any rule, regulation or order issued thereunder, or the conditions of the employer's permit, the commissioner may, on ten days' notice, summon such person to appear before the commissioner to show cause why the commissioner should not find that he has failed to observe such provisions or conditions.
(b) If, after such notice and opportunity to be heard, the commissioner finds as a fact that such person has failed to observe or comply with a provision of this act, his permit, or a regulation or order issued by the commissioner under authority of this act, the commissioner may revoke the permit of such person.
(c) The commissioner may revoke a permit if the health of the community or of the employees require it, or if it appears that the place in which the industrial home work is distributed is not in a healthy or proper sanitary condition.
L.1941, c. 308, p. 835, s. 9.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-136.11 - Records to be kept

34:6-136.11. Records to be kept
Each employer shall keep within this State in such form and manner as the commissioner may by rule, regulation or order prescribe and shall forward to the commissioner at such intervals and upon such blanks as the commissioner may by rule, regulation or order prescribe and provide a complete and accurate record of: (1) All persons engaged in industrial home work directly or indirectly for or in behalf of such employer; (2) All places where such persons work; (3) All articles or materials directly or indirectly distributed to such persons; (4) All articles or materials manufactured by such persons; (5) The net cash wages received by each home worker and such piecework rates at which each home worker is compensated; (6) All independent contractors to whom he has furnished materials to be manufactured by industrial home work; and (7) Such other facts and information as may be pertinent to the proper enforcement and effectuation of the provisions of this act.
L.1941, c. 308, p. 838, s. 11.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-136.12 - Conditions of manufacture

34:6-136.12. Conditions of manufacture
Industrial home work shall be performed: (1) Only by a person possessing a valid home worker's certificate, and resident in the home in which the work is done; (2) Only by persons 16 years of age or over; (3) Only in accordance with the wages, hours or working conditions established for labor in factories or businesses by persons of the same age as the home workers by State law or regulation or any applicable Federal law or regulation; (4) Only in accordance with the provisions of any State law or regulation, including the provisions of this act, or of any applicable Federal law or regulation, relating to employment and applicable to home workers; and (5) Only in a home that is clean and sanitary and free from any infectious, contagious or communicable disease.
Every employer shall be deemed to have accepted responsibility for the observance of the conditions of manufacture specified by this section and of such terms and conditions as may be specified pursuant to section 6 of this act; and each of such conditions shall be deemed to be a condition of the employer's permit to the same extent as though it were expressly set forth therein.
L.1941, c. 308, p. 838, s. 12. Amended by L.1980, c. 90, s. 6.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-136.13 - Labels required

34:6-136.13. Labels required
No employer shall deliver or cause to be delivered any materials or articles to be manufactured by any home worker unless there has been conspicuously affixed to each article a label or other mark of identification bearing the employer's name and address, printed or written legibly in English. But if the goods are of such a nature that they cannot be individually so labeled or identified, then the employer shall conspicuously label in such manner as the commissioner may by rule or regulation prescribe.
L.1941, c. 308, p. 839, s. 13.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-136.14 - Unlawfully manufactured or distributed articles or materials

34:6-136.14. Unlawfully manufactured or distributed articles or materials
(a) Any article or material which is being manufactured in a home in violation of any provisions of this act may be removed by the commissioner and may be retained by him until claimed by the employer. The commissioner shall by registered mail give notice of such removal to the person whose name and address are affixed to the article or material as provided by section thirteen. Unless the article or material so removed is claimed within thirty days thereafter, it may be destroyed or otherwise disposed of. Where the owner or the article or material cannot be determined, unless such article or material removed by the commissioner is claimed within thirty days after such removal, it may be destroyed or otherwise disposed of.
(b) It shall be a violation of this act for any person to receive from, handle or convey to others, to sell, offer for sale, to expose for sale or hold in stock any articles or materials that have been manufactured by a home worker, who does not possess a valid home worker's certificate or distributed for manufacture by persons not in possession of a valid permit.
L.1941, c. 308, p. 839, s. 14.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-136.15 - Agreements to contributions by employees void

34:6-136.15. Agreements to contributions by employees void
Any agreement by a home worker to pay any portion of a payment required of any other person by any provision of this act shall be void and of no effect.
L.1941, c. 308, p. 840, s. 15.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-136.16 - Enforcement; administration, oaths, affidavits, subpoenas, witnesses

34:6-136.16. Enforcement; administration, oaths, affidavits, subpoenas, witnesses
16. Enforcement, administration, oaths, affidavits, subpoenas, witnesses.
(a) The commissioner shall enforce and administer the provisions of this act and the commissioner is directed to make all inspections and investigations necessary for proper enforcement and administration thereof.
(b) In the administration of this act the commissioner shall have the power to administer oaths, take affidavits and the depositions of witnesses and issue subpoenas for and compel the attendance of witnesses and the production of papers, books, accounts, payrolls, documents, records, testimony and other evidence of whatever description. In the case of failure of any person to comply with any order of the commissioner or subpoena, lawfully issued, or on the refusal of any witness to produce evidence or to testify as to any matter regarding which he may be lawfully interrogated, it shall be the duty of the Special Civil Part, Law Division, of the Superior Court or the Superior Court, or the judge thereof, upon application by the commissioner to compel obedience by proceedings for contempt, as in the case of disobedience of a subpoena issued for such court or a refusal to testify therein.
(c) Notwithstanding the provisions of any other general, local or special law, all fees and other moneys derived from the operation of this act shall be applied toward enforcement and administration costs of the Division of Workplace Standards in the Department of Labor.
L.1941,c.308,s.16; amended 1950,c.42; 1991,c.91,s.348; 1991,c.205,s.14.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-136.17 - Rules and regulations

34:6-136.17. Rules and regulations
The commissioner shall have the power to make, issue, amend and rescind such rules, regulations and orders as are necessary or appropriate to carry out the provisions of this act. Without limiting the generality of the foregoing, such rules, regulations or orders may define the terms used in this act.
L.1941, c. 308, p. 841, s. 17.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-136.18 - Injunctive relief against violations

34:6-136.18. Injunctive relief against violations
The commissioner shall have the power to institute a civil action in the Superior Court for injunctive relief, and such court shall have the power to restrain any employer from violating any of the provisions of this act. The court may proceed in the action in a summary manner or otherwise.
L.1941, c. 308, p. 841, s. 18. Amended by L.1953, c. 33, p. 586, s. 17.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-136.20 - Construction

34:6-136.20. Construction
If any provision of this act or the application thereof to any person or circumstances is held invalid, the remainder of the act and the application of such provision to other persons or circumstances shall not be affected thereby.
L.1941, c. 308, p. 842, s. 20.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-136.21 - Exemptions

34:6-136.21. Exemptions
Nothing in this act shall be held to prevent the employment of a tailor or seamstress by any person for the purpose of making, altering, repairing or finishing any articles of wearing apparel for the personal use of such person or members of his family.
L.1941, c. 308, p. 842, s. 21.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-136.22 - Disorderly house

34:6-136.22. Disorderly house
Any home or other place where industrial home work is habitually carried on or articles or materials are habitually being distributed for manufacture in violation of any of the provisions of this act shall be a disorderly house and any person owning, operating or managing a business involving such industrial home work or the distribution of such articles or materials for manufacture shall be deemed guilty of keeping a disorderly house, and, upon conviction thereof, shall be fined a sum of not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00), or shall be imprisoned for a term not to exceed two years or both.
L.1941, c. 308, p. 842, s. 22.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-136.23 - Time of taking effect

34:6-136.23. Time of taking effect
This act shall take effect ninety days after its adoption; except sections seven (a), (b) and (c), section eight, and section sixteen (c) which shall take effect immediately, and except that the commissioner shall have power immediately to promulgate rules and regulations, appoint such officers and employees, and fix their compensation, as may be necessary to carry out the provisions of this act, and do such other things as may be necessary to set up the machinery required to enforce the provisions of this act.
L.1941, c. 308, p. 843, s. 24.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-144 - Findings, declarations

34:6-144. Findings, declarations
1. The Legislature finds and declares that:
a. There is growing concern over the increasing number of people working for employers in certain segments of the apparel industry under conditions which may violate State laws and regulations concerning wages and hours, child labor, unemployment and temporary disability insurance, and workers' compensation and the payment of payroll taxes;
b. Persons working under these unlawful sweatshop conditions are being exploited daily;
c. It is the sense of this Legislature that this exploitation of garment workers must be eliminated; and
d. Therefore, it is necessary and proper for the Legislature to create a special task force to enforce the State's labor laws in the apparel industry and to establish a registration system for employers in that industry.
L.1987,c.458,s.1.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:6-145 - Definitions

34:6-145. Definitions
2. As used in this act:
a. "Apparel industry" means the making, cutting, sewing, finishing, assembling, pressing or otherwise producing of apparel, designed or intended to be worn by any individual and sold or offered for sale for that purpose, but does not include cleaning, pressing or tailoring services performed upon apparel sold or offered for sale at retail;
b. "Commissioner" means the Commissioner of Labor;
c. "Contractor" means any person who contracts to perform in this State the cutting, sewing, finishing, assembling, pressing or otherwise producing of any apparel, or a section or component of apparel, designed or intended to be worn by any individual and sold or offered for sale, except at retail, for that purpose. "Contractor" shall include, but not be limited to, a subcontractor, jobber or wholesaler, but shall not include a production employee employed for wages who does not employ others;
d. "Department" means the State Department of Labor;
e. "Manufacturer" means any person who contracts with a contractor to perform in this State the cutting, sewing, finishing, assembling, pressing or producing of any apparel, or a section or component of apparel, designed or intended to be worn by any individual and sold or offered for sale, except at retail, for that purpose, or who cuts, sews, finishes, assembles, presses or otherwise produces in this State any apparel, or a section or component of apparel, designed or intended to be worn by any individual and sold or offered for sale, except at retail, for that purpose. "Manufacturer" shall not include a production employee employed for wages who does not employ others;
f. "Production employee" means any person who is employed by a contractor or manufacturer directly to perform the cutting, sewing, finishing, assembling, pressing or otherwise producing of any apparel, or a section or component of apparel, designed or intended to be worn by any individual and sold or offered for sale, except at retail, for that purpose;
g. "Apparel industry unit" means the Special Task Force on the Apparel Industry created by section 4 of this act and reestablished as the apparel industry unit by this 1991 amendatory and supplementary act.
L.1987,c.458,s.2; amended 1991,c.189,s.4.