reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 28 - CAPTIVE INSURANCE › Subchapter 1 - CAPTIVE INSURANCE › Section 11:28-1.11 - Availability and maintenance of work papers of the independent certified public accountant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each captive shall require the independent certified public accountant to make available for review by the Commissioner or his or her appointed agent the work papers prepared in the conduct of the audit of the captive. The captive shall require that the accountant retain the audit work papers for a period of not less than seven years after the period reported upon.
(b) The reviews by the Commissioner referenced in (a) above shall be considered investigations and all work papers obtained during the course of such investigations shall be confidential. The captive shall require that the independent certified public accountant provide portable document format (PDF) files of any of the work papers which the Department considers relevant. Such work papers may be retained by the Department and shall be confidential in accordance with N.J.S.A. 17:47B-2c.(3).
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 28 - CAPTIVE INSURANCE › Subchapter 1 - CAPTIVE INSURANCE › Section 11:28-1.12 - Deposit requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the Commissioner deems that the financial condition of a captive warrants additional security, he or she may require the captive to deposit with the Treasurer of this State cash or securities approved by the Commissioner or, alternatively, to furnish the Commissioner an irrevocable letter of credit issued by a bank chartered by the State of New Jersey or a member bank of the Federal Reserve System and approved by the Commissioner.
(b) The captive may receive interest or dividends from said deposit or exchange the deposits for others of equal value with the approval of the Commissioner. If such captive discontinues business, the Commissioner shall return such deposit only after being satisfied that all obligations of the company have been discharged.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 28 - CAPTIVE INSURANCE › Subchapter 1 - CAPTIVE INSURANCE › Section 11:28-1.13 - Organizational examination

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to the application review, an organizational investigation or examination may be performed before or after an applicant is licensed as a captive. Such investigation or examination shall consist of a general survey of the captive's corporate records, including charter, bylaws and minute books; verification of capital and surplus; verification of principal place of business; determination of assets and liabilities; and a review of such other factors as the Commissioner deems necessary. The materials related to such an investigation or examination as set forth in N.J.S.A. 17:47B-2c.(3) shall be confidential as provided for therein.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 28 - CAPTIVE INSURANCE › Subchapter 1 - CAPTIVE INSURANCE › Section 11:28-1.14 - Reinsurance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any captive authorized to do business in this State may take credit for reserves on risks ceded to a reinsurer subject to the following limitations:
1. No credit shall be allowed for reinsurance where the reinsurance contract does not result in the complete transfer of the risk or liability to the reinsurer.
2. No credit shall be allowed, as an asset or a deduction from liability, to any ceding insurer for reinsurance unless the reinsurance is payable by the assuming insurer on the basis of the liability of the ceding insurer under the contract reinsured without diminution because of the insolvency of the ceding insurer.
3. Reinsurance under this section shall be effected through a written agreement of reinsurance setting forth the terms, provisions and conditions governing such reinsurance.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 28 - CAPTIVE INSURANCE › Subchapter 1 - CAPTIVE INSURANCE › Section 11:28-1.15 - Insurance producers and intermediaries

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall, in or from within this State, act as an insurance producer or broker for captive business without adhering to the requirements of N.J.A.C. 11:17-1 et seq. and the New Jersey Insurance Producer Licensing Act of 2001, 17:22A-26 et seq.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 28 - CAPTIVE INSURANCE › Subchapter 1 - CAPTIVE INSURANCE › Section 11:28-1.16 - Directors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each captive shall report to the Commissioner within 30 days after any change in its executive officers, directors, or in its other principals as referenced on 11:28-1.3(a)  and 1.4(a), including the submission of a biographical affidavit (forms available on the Department's website at the address indicated in 11:28-1.3(a)1  ) for any such new executive officer, director or principal.
(b) No director, officer, or employee of a captive shall, except on behalf of the captive, accept, or be the beneficiary of, any fee, brokerage, gift, or other emolument because of any investment, loan, deposit, purchase, sale, payment or exchange made by or for the captive, but such person may receive reasonable compensation for necessary services rendered to the captive in his or her usual private, professional or business capacity.
(c) Any profit or gain received by or on behalf of any person in violation of this section shall inure to and be recoverable by the captive.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 28 - CAPTIVE INSURANCE › Subchapter 1 - CAPTIVE INSURANCE › Section 11:28-1.17 - Conflict of interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each captive licensed in this State is required to adopt a conflict of interest statement to be completed and signed by all officers, directors, and principals as referenced in 11:28-1.3(a)  and 1.4(a) and key employees. The statement shall disclose whether the individual has any other commitments or involvements, personal or otherwise, that would divert him or her from his or her fiduciary duty to advance and further the interests of the captive he or she represents and, if so, the nature and extent of that commitment. This shall not necessarily preclude the individual, upon full disclosure, from being a director, officer or principal in more than one insurance company.
(b) Each officer, director, and key employee shall file such disclosure with the board of directors annually.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 28 - CAPTIVE INSURANCE › Subchapter 1 - CAPTIVE INSURANCE › Section 11:28-1.18 - Suspension or revocation of captive license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner may, subject to the provisions of this section, by order suspend or revoke the license of the captive:
1. If the captive has not commenced business according to its plan of operation within two years of being licensed;
2. If the captive ceases to carry on insurance business in or from within New Jersey;
3. At the request of the captive; or
4. For any reason provided in 17:47B-1 et seq.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 28 - CAPTIVE INSURANCE › Subchapter 1 - CAPTIVE INSURANCE › Section 11:28-1.19 - Merger, consolidation or mutualization with domestic company

Current through Register Vol. 56, No. 14, July 15, 2024
No person other than the issuer shall make a tender offer for or a request or invitation for tenders of, or enter into any agreement to exchange securities for, seek to acquire, or acquire in the open market or otherwise, any voting security of a domestic captive if, after the consummation thereof, such person would, directly or indirectly (or by conversion or by exercise of any right to acquire) be in control of such captive; and no person shall enter into an agreement to merge with or otherwise to acquire control of a domestic captive without the prior written approval of the Commissioner. In considering any application for merger, consolidation or mutualization with a domestic captive, the Commissioner shall consider all of the facts and circumstances surrounding the application as well as the criteria for the establishment of a captive set out in this chapter.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 28 - CAPTIVE INSURANCE › Subchapter 1 - CAPTIVE INSURANCE › Section 11:28-1.20 - Change of business

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any change in the nature of the captive business from that stated in the captive's plan of operation filed with the Commissioner upon application for licensure as a New Jersey captive shall require prior approval by the Commissioner.
(b) Any change in any other information filed with the application for licensure as a captive shall be filed with the Commissioner but shall not require prior approval.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 28 - CAPTIVE INSURANCE › Subchapter 1 - CAPTIVE INSURANCE › Section 11:28-1.21 - Reserves required by law for reinsuring life insurance policies or annuities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A captive insurance company shall maintain reserves that are actuarially sufficient to support the liabilities incurred by the captive insurance company reinsuring life insurance policies.
(b) A captive insurance company that issues annuity contracts shall maintain reserves that are actuarially sufficient to support the liabilities provided by the contracts.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 28 - CAPTIVE INSURANCE › Subchapter 1 - CAPTIVE INSURANCE › Section 11:28-1.23 - Investments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as may be otherwise authorized by the Commissioner, association captive insurance companies shall comply with the investment requirements set forth in 17:24-1 et seq., except to the extent that doing so is inconsistent with the approved accounting standards in use by the captive. Notwithstanding any other provision of this subchapter, the Commissioner may approve the use of alternative reliable methods of valuation and rating.
(b) No pure captive insurance company or industrial insured captive insurance company shall be subject to any restrictions on allowable investments whatever, including those limitations contained in 17:24-1 et seq. (for property casualty captives) or 17:20-1 et seq. (for life health captives), provided, however, that the Commissioner may prohibit or limit any investment that threatens the solvency or liquidity of any such captive.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 2 - NOTIFICATION › Subchapter 1 - NOTIFICATION POSTED BY EMPLOYER PURSUANT TO P.L. 2009, C. 194, RELATING TO EMPLOYER OBLIGATION TO MAINTAIN AND REPORT RECORDS REGARDING WAGES, BENEFITS, TAXES AND OTHER CONTRIBUTIONS AND ASSESSMENTS UNDER STATE WAGE, BENEFIT AND TAX LAWS › Section 12:2-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to issue by rule, as required by P.L. 2009, c. 194, the form of notification that shall be used by employers to comply with the requirement, set forth within P.L. 2009, c. 194, that each employer that is required to maintain and report records regarding wages, benefits, taxes and other contributions and assessments pursuant to the State wage, benefit and tax laws shall conspicuously post notification, in a place or places accessible to all employees in each of the employer's workplaces, of the obligation of the employer to maintain and report those records and the requirement, set forth within P.L. 2009, c. 194, that each employer shall provide each employee a written copy of the notification not later than 30 days after the form of the notification is issued by the Department, or, if the employee is hired after the issuance, at the time of the employee's hiring.
(b) The provisions of this subchapter shall be applicable to each employer that is required to maintain and report records regarding wages, benefits, taxes and other contributions and assessments pursuant to State wage, benefit and tax laws.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 2 - NOTIFICATION › Subchapter 1 - NOTIFICATION POSTED BY EMPLOYER PURSUANT TO P.L. 2009, C. 194, RELATING TO EMPLOYER OBLIGATION TO MAINTAIN AND REPORT RECORDS REGARDING WAGES, BENEFITS, TAXES AND OTHER CONTRIBUTIONS AND ASSESSMENTS UNDER STATE WAGE, BENEFIT AND TAX LAWS › Section 12:2-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise:
"Department" means the Department of Labor and Workforce Development.
"State wage, benefit and tax laws" means "State wage, benefit and tax laws" as that term is defined within section 1 of P.L. 2009, c. 194.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 2 - NOTIFICATION › Subchapter 1 - NOTIFICATION POSTED BY EMPLOYER PURSUANT TO P.L. 2009, C. 194, RELATING TO EMPLOYER OBLIGATION TO MAINTAIN AND REPORT RECORDS REGARDING WAGES, BENEFITS, TAXES AND OTHER CONTRIBUTIONS AND ASSESSMENTS UNDER STATE WAGE, BENEFIT AND TAX LAWS › Section 12:2-1.3 - Posting and distribution requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each employer that is required to maintain and report records regarding wages, benefits, taxes, and other contributions and assessments pursuant to the State wage, benefit, and tax laws shall conspicuously post in a place or places accessible to all employees in each of the employer's workplaces the notification found in N.J.A.C. 12:2 Appendix A.
(b) Each employer that is required to maintain and report records regarding wages, benefits, taxes, and other contributions and assessments pursuant to the State wage, benefit, and tax laws shall not later than December 7, 2011, or, if the employee is hired after November 7, 2011, at the time of the employee's hiring, provide each employee a written copy of the notification found in N.J.A.C. 12:2 Appendix A.
(c) In the event that an employer has an internet site or intranet site for exclusive use by its employees and to which all employees have access, posting of the notification found in N.J.A.C. 12:2 Appendix A on the employer's internet site or intranet site shall satisfy the conspicuous posting requirement set forth in (a) above.
(d) Providing to an employee via email the notification found in N.J.A.C. 12:2 Appendix A shall satisfy the requirement in (b) above, that the employer provide each employee a written copy of the notification.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 2 - NOTIFICATION › Subchapter 2 - NOTIFICATION POSTED BY EMPLOYER PURSUANT TO P.L. 2012, c. 57, RELATING TO THE RIGHT TO BE FREE OF GENDER INEQUITY OR BIAS IN PAY, COMPENSATION, BENEFITS, OR TERMS, CONDITIONS, OR PRIVILEGES OF EMPLOYMENT › Section 12:2-2.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to issue by rule, as required by P.L. 2012, c. 57, the form of notification, which shall be used by employers to comply with the requirement, set forth within P.L. 2012, c. 57, that every employer in New Jersey, with 50 or more employees, shall conspicuously post notification, in a place or places accessible to all employees in each of the employer's workplaces, detailing the right to be free of gender inequity or bias in pay, compensation, benefits, or other terms and conditions of employment under the "Law Against Discrimination," P.L. 1945, c. 169 (10:5-1 et seq.), P.L. 1952, c. 9 (34:11-56.1 et seq.), Title VII of the Civil Rights Act of 1964, Pub. L. 88-352 ( 42 U.S.C. §§
										2000e et seq.), and the Equal Pay Act of 1963, Pub. L. 88-38 ( 29 U.S.C. §
										206(d) ), which prohibit wage or compensation discrimination based on gender. In addition, the purpose of this subchapter is to require that every such employer shall provide each employee of the employer with a written copy of the notification: not later than February 5, 2014, or if the employee is hired after January 6, 2014, at the time of the employee's hiring; annually, on or before December 31 of each year; and at any time, upon the first request of the employee.
(b) The provisions of this subchapter shall be applicable to every covered employer.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 2 - NOTIFICATION › Subchapter 2 - NOTIFICATION POSTED BY EMPLOYER PURSUANT TO P.L. 2012, c. 57, RELATING TO THE RIGHT TO BE FREE OF GENDER INEQUITY OR BIAS IN PAY, COMPENSATION, BENEFITS, OR TERMS, CONDITIONS, OR PRIVILEGES OF EMPLOYMENT › Section 12:2-2.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise:
"Covered employer" means an employer in New Jersey, which has a total of 50 or more employees, whether those employees work inside or outside of New Jersey.
"Department" means the Department of Labor and Workforce Development.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 2 - NOTIFICATION › Subchapter 2 - NOTIFICATION POSTED BY EMPLOYER PURSUANT TO P.L. 2012, c. 57, RELATING TO THE RIGHT TO BE FREE OF GENDER INEQUITY OR BIAS IN PAY, COMPENSATION, BENEFITS, OR TERMS, CONDITIONS, OR PRIVILEGES OF EMPLOYMENT › Section 12:2-2.3 - Posting and distribution requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each covered employer shall conspicuously post in a place or places accessible to all employees in each of the employer's workplaces the notification found in N.J.A.C. 12:2 Appendix B.
(b) Each covered employer shall provide each employee a written copy of the notification found in N.J.A.C. 12:2 Appendix B:
1. Not later than February 5, 2014, or at the time of the employee's hiring, if the employee is hired after January 6, 2014;
2. Annually, on or before December 31 of each year; and
3. Upon the first request of an employee.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 2 - NOTIFICATION › Subchapter 2 - NOTIFICATION POSTED BY EMPLOYER PURSUANT TO P.L. 2012, c. 57, RELATING TO THE RIGHT TO BE FREE OF GENDER INEQUITY OR BIAS IN PAY, COMPENSATION, BENEFITS, OR TERMS, CONDITIONS, OR PRIVILEGES OF EMPLOYMENT › Section 12:2-2.4 - Acknowledgment of receipt

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The notification provided by the employer under 12:2-2.3(b)  shall be accompanied by an acknowledgement that the employee has received the notification and has read and understands its terms.
(b) The acknowledgment in (a) above shall be signed by the employee, in writing or by means of electronic verification, and returned to the employer within 30 days of its receipt.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 2 - NOTIFICATION › Appendix B

Current through Register Vol. 56, No. 14, July 15, 2024
Right to be Free of Gender Inequity or Bias in Pay, Compensation, Benefits, or Other Terms and Conditions of Employment
New Jersey and federal laws prohibit employers from discriminating against an individual with respect to his/her pay, compensation, benefits, or terms, conditions or privileges of employment because of the individual's sex.
FEDERAL LAW
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on, among other things, an individual's sex. Title VII claims must be filed with the United States Equal Employment Opportunity Commission (EEOC) before they can be brought in court. Remedies under Title VII may include an order restraining unlawful discrimination, back pay, and compensatory and punitive damages.
The Equal Pay Act of 1963 (EPA) prohibits discrimination in compensation based on sex. EPA claims can be filed either with the EEOC or directly with the court. Remedies under the EPA may include the amount of the salary or wages due from the employer, plus an additional equal amount as liquidated damages.
Please be mindful that in order for a disparity in compensation based on sex to be actionable under the EPA, it must be for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
There are strict time limits for filing charges of employment discrimination. For further information, contact the EEOC at 800-669-4000 or at
http://www.eeoc.gov
.
NEW JERSEY LAW
The New Jersey Law Against Discrimination (LAD) prohibits employment discrimination based on, among other things, an individual's sex. LAD claims can be filed with the New Jersey Division on Civil Rights (NJDCR) or directly in court. Remedies under the LAD may include an order restraining unlawful discrimination, back pay, and compensatory and punitive damages.
Another State law, 34:11-56.1 et seq., prohibits discrimination in the rate or method of payment of wages to an employee because of his or her sex. Claims under this wage discrimination law may be filed with the New Jersey Department of Labor and Workforce Development (NJDLWD) or directly in court. Remedies under this law may include the full amount of the salary or wages owed, plus an additional equal amount as liquidated damages.
Please be mindful that under the State wage discrimination law a differential in pay between employees based on a reasonable factor or factors other than sex shall not constitute discrimination.
There are strict time limits for filing charges of employment discrimination. For more information regarding LAD claims, contact the NJDCR at 609-292-4605 or at
http://www.njcivilrights.gov
. For information concerning 34:11-56.1 et seq., contact the Division of Wage and Hour Compliance (DWHC), within the NJDLWD at 609-292-2305 or at
http://lwd.state.nj.us
.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 3 - CONTRACTS › Subchapter 1 - DEBARMENT FROM CONTRACTING; CONFLICT OF INTEREST › Section 12:3-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to set forth the causes and conditions which constitute grounds for debarment and to notify individuals of the Departmental policies and procedures concerning debarment.
(b) The provisions of this subchapter shall be applicable to all persons supplying goods or services to the Department or performing contracts with the assistance of and subject to the approval of the Department.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 3 - CONTRACTS › Subchapter 1 - DEBARMENT FROM CONTRACTING; CONFLICT OF INTEREST › Section 12:3-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise:
"Commissioner" means the Commissioner of the Department of Labor and Workforce Development or his or her designee.
"Contracting" means any arrangement giving rise to an obligation to supply any thing or to perform any service for the Department, other than by virtue of State employment, or to supply any thing to or perform any service for a private person where the State provides substantial financial assistance and retains the right to approve or disapprove the nature or quality of the goods or services or the persons who may supply or perform the same.
"Contractor" means a person who undertakes to perform a job or piece of a contract retaining control of the means, method and manner of accomplishing the desired result. Contractor includes the officers and directors of a corporate contractor.
"Debarment" means the inclusion on a Statewide list of individuals who are prohibited from contracting within the State, on the basis of a lack of responsibility evidenced by an offense as set forth in this subchapter.
"Department" means the New Jersey Department of Labor and Workforce Development.
"Person" means any natural person, company corporate officer or principal, firm, association, corporation, contractor, subcontractor or other entity engaged in contracting.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 3 - CONTRACTS › Subchapter 1 - DEBARMENT FROM CONTRACTING; CONFLICT OF INTEREST › Section 12:3-1.3 - Cause and conditions for debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner may debar a person from contracting with the Department or any agency within the control or jurisdiction of the Department for a definitely stated period of time for the violation of any labor law including but not limited to wage and hour, minimum wage, discrimination in wages and child labor laws and the prohibition against conflict set forth at 12:3-1.6.
1. Debarment from contracting with the Department shall be made only by the Commissioner except as otherwise provided by law.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 3 - CONTRACTS › Subchapter 1 - DEBARMENT FROM CONTRACTING; CONFLICT OF INTEREST › Section 12:3-1.4 - Procedures and period of debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Department seeks to debar a person, the person or persons shall be furnished with a written notice stating:
1. That debarment is being considered;
2. The specific details concerning the violations; and
3. That the person shall have the right to a hearing upon written notification to the Commissioner requesting such a hearing within 20 days of receipt of the notice of intent to debar.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 3 - CONTRACTS › Subchapter 1 - DEBARMENT FROM CONTRACTING; CONFLICT OF INTEREST › Section 12:3-1.5 - Lists

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall provide the State Treasurer with the names of all persons debarred and the effective date and period of debarment, if any.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 4 - SUSPENSION AND REVOCATION OF EMPLOYER LICENSE FOR NON-COMPLIANCE WITH STATE WAGE, BENEFIT, AND TAX LAWS › Subchapter 1 - GENERAL PROVISIONS › Section 12:4-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to implement N.J.S.A. 34:1A-1.11et seq., which empowers the Commissioner under certain circumstances to issue a written determination directing any appropriate agency to suspend or revoke any one or more licenses that are held by an employer who has failed to maintain and report a record(s) regarding wages, benefits, and taxes that the employer is required to maintain or report under State wage, benefit, and tax laws, and who has in connection with the failure to maintain or report a required record(s), failed to pay wages, benefits, taxes, or other contributions or assessments as required by State wage, benefit, and tax laws.
(b) This chapter applies to each employer covered under any one or all of the State wage, benefit, and tax laws.
(c) For the purpose of this chapter, the officers of a corporation and any agents having the management of such corporation shall be deemed to be the employers of the employees of the corporation.
(d) For the purpose of this chapter, the individual(s) responsible for management of a Limited Liability Company (L.L.C.) or Limited Liability Partnership (L.L.P.) shall be deemed to be the employer(s) of the employees of the L.L.C. or L.L.P.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 4 - SUSPENSION AND REVOCATION OF EMPLOYER LICENSE FOR NON-COMPLIANCE WITH STATE WAGE, BENEFIT, AND TAX LAWS › Subchapter 2 - DEFINITIONS › Section 12:4-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
"Agency" means any agency, department, board, or commission of New Jersey, or of any political subdivision of New Jersey, that issues a license for purposes of operating a business in New Jersey.
"Commissioner" means the Commissioner of the Department of Labor and Workforce Development, or his or her designee.
"In connection with" means either related factually or causally, or discovered during the same investigation, a contemporaneous or a near contemporaneous investigation, regardless of whether related factually or causally.
"License" means any agency permit, certificate, approval, registration, charter, or similar form of authorization that is required by law and that is issued by any agency for the purposes of operating a business in New Jersey, and that includes, but is not limited to, the following:
1. A certificate of incorporation pursuant to the New Jersey Business Corporation Act, N.J.S.A. 14A:1-1et seq.;
2. A certificate of authority pursuant to N.J.S.A. 14A:13-1et seq.;
3. A statement of qualification or a statement of foreign qualification pursuant to the Uniform Partnership Act (1996), N.J.S.A. 43:1A-1et seq.;
4. A certificate of limited partnership or a certificate of authority pursuant to the Uniform Limited Partnership Law (1976), N.J.S.A. 42:2A-1et seq.;
5. A certificate of formation or certified registration pursuant to the New Jersey Limited Liability Company Act, N.J.S.A. 42:2B-1et seq.;
6. Any license, certificate, permit, or registration pursuant to N.J.S.A. 48:16-1et seq.; 48:16-13 et seq.; the New Jersey Alcohol Beverage Control Act, 33:1-1 et seq.; 34:8-70; 34:8A-7 et seq.; 52:27D-130; 56:8-1.1 et seq.; or the Public Works Contractor Registration Act, 34:11-56.48 et seq.; and
7. Any agency permit, certificate, approval, registration, charter, or similar form of permission to engage in a profession, trade, or occupation in New Jersey.
"State wage, benefit, and tax laws" means:
1. N.J.S.A. 34:11-4.1et seq.;
2. The New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25et seq.;
3. The New Jersey State Wage and Hour Law, N.J.S.A. 34:11-56aet seq.;
4. The Workers' Compensation Law, N.J.S.A. 34:15-1et seq.;
5. The Unemployment Compensation Law, N.J.S.A. 43:21-1et seq.; 6. The Temporary Disability Benefits Law, N.J.S.A. 43:21-25et seq.;
7. N.J.S.A. 43:21-39.1et seq.; and
8. The New Jersey Gross Income Tax Act, N.J.S.A. 54A:1-1et seq.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 4 - SUSPENSION AND REVOCATION OF EMPLOYER LICENSE FOR NON-COMPLIANCE WITH STATE WAGE, BENEFIT, AND TAX LAWS › Subchapter 3 - VIOLATIONS; COMMISSIONER ACTIONS › Section 12:4-3.1 - First offense-notification and follow-up audit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Commissioner finds that an employer has failed to comply with the reporting or recordkeeping requirements of any State wage, benefit, or tax law, and in connection with that failure to report or maintain records, has failed to pay wages, benefits, taxes, or other contributions or assessments as required by any State wage, benefit, or tax law, the Commissioner shall, as an alternate to, or in addition to, any other action taken in the enforcement of the State wage, benefit, or tax law, take the following two actions:
1. Notify the employer of the finding that he or she has failed to comply with a State wage, benefit, or tax law's reporting or recordkeeping requirement(s) and, in connection with that failure to report or maintain a record(s), has failed to pay wages, benefits, taxes, or other contributions or assessments as required by a State, benefit, or tax law; and
2. Ensure that an audit of the employer or any successor firm of the employer is conducted not more than 12 months after the employer has been placed on notice of the Commissioner's finding under (a)1 above.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 4 - SUSPENSION AND REVOCATION OF EMPLOYER LICENSE FOR NON-COMPLIANCE WITH STATE WAGE, BENEFIT, AND TAX LAWS › Subchapter 3 - VIOLATIONS; COMMISSIONER ACTIONS › Section 12:4-3.2 - Second offense-suspension of license(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where at the conclusion of an audit conducted under N.J.A.C. 12:4-3.1(a)2, the Commissioner finds that the employer or any successor firm to the employer has failed to comply with the reporting or recordkeeping requirements of any State wage, benefit, or tax law, and has failed to pay wages, benefits, taxes, or other contributions or assessments as required by any State wage, benefit, or tax law, the Commissioner:
1. May, after providing the employer or successor firm with a "Notice of Intent to Direct the Suspension of a License" under (c) below, and after affording the employer or successor firm with an opportunity for a hearing in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., and 52:14F-1 et seq., issue a written determination directing any appropriate agency to suspend any one or more licenses that are held by the employer or successor firm, for a period of time determined by the Commissioner; and
2. Shall ensure that an audit of the employer or any successor firm of the employer is conducted not more than 12 months after the date of the Commissioner's written determination under (a)1 above.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 4 - SUSPENSION AND REVOCATION OF EMPLOYER LICENSE FOR NON-COMPLIANCE WITH STATE WAGE, BENEFIT, AND TAX LAWS › Subchapter 3 - VIOLATIONS; COMMISSIONER ACTIONS › Section 12:4-3.3 - Third offense-revocation of license(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where, at the conclusion of an audit conducted pursuant to N.J.A.C. 12:4-3.2(a)2, the Commissioner finds that the employer or any successor firm to the employer has failed to comply with the reporting or recordkeeping requirements of any State wage, benefit, or tax law, and has failed to pay wages, benefits, taxes, or other contributions or assessments as required by any State wage, benefit, or tax law, the Commissioner shall after providing the employer or successor firm with a "Notice of Intent to Direct the Revocation of a License" under (b) below, and after affording the employer or successor firm with an opportunity for a hearing in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., and 52:14F-1 et seq., issue a written determination directing any appropriate agency to permanently revoke any one or more licenses that are held by the employer or successor firm.
(b) When the Commissioner seeks to direct the permanent revocation of an employer's license, the employer shall be furnished with a written notice indicating:
1. The Commissioner's intent to direct the permanent revocation of a license(s) held by the employer;
2. The license(s) sought to be permanently revoked;
3. The violations of State wage, benefit, or tax law upon which the Commissioner relies in support of his or her intent to direct the license revocation(s); and
4. That the employer shall have the right to appeal the license revocation(s) to the Commissioner within 15 days of receipt of the Notice of Intent to Direct the Revocation of a License.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 4 - SUSPENSION AND REVOCATION OF EMPLOYER LICENSE FOR NON-COMPLIANCE WITH STATE WAGE, BENEFIT, AND TAX LAWS › Subchapter 3 - VIOLATIONS; COMMISSIONER ACTIONS › Section 12:4-3.4 - Employee leasing companies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner may take action under N.J.A.C. 12:4-3.1, 3.2, or 3.3, against an employee leasing company as the co-employer of the employees of its client company, including, but not limited to, the issuance of a written determination directing that the employee leasing company's registration be either suspended or permanently revoked, provided that the Commissioner has not determined that the failure or continued failure to keep records regarding, and to pay wages, benefits, and taxes under State wage, benefit, and tax laws, was caused by incomplete, inaccurate, misleading, or false information provided to the employee leasing company by the client company.
(b) In each instance where the Commissioner takes action under (a) above against an employee leasing company as the co-employer of the employees of its client company, the Commissioner may also take action under N.J.A.C. 12:4-3.1, 3.2, or 3.3, against the client company.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 4 - SUSPENSION AND REVOCATION OF EMPLOYER LICENSE FOR NON-COMPLIANCE WITH STATE WAGE, BENEFIT, AND TAX LAWS › Subchapter 3 - VIOLATIONS; COMMISSIONER ACTIONS › Section 12:4-3.5 - Presumption of successor firm

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A rebuttable presumption that an employer has established a successor firm shall arise if the two parties share two or more of the following capacities or characteristics:
1. Performing similar work within the same geographical area;
2. Occupying the same premises;
3. Having the same telephone or fax number;
4. Having the same email address or Internet website;
5. Employing substantially the same workforce, administrative employees, or both;
6. Utilizing the same tools, equipment, or facilities;
7. Employing or engaging the services of any person or persons involved in the direction or control of the other; or
8. Listing substantially the same work experience.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 5 - AUDITS › Subchapter 1 - AUDIT RESOLUTION PROCEDURES › Section 12:5-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth procedures for the resolution of audit findings, including, but not limited to, questioned costs and administrative deficiencies, identified as a result of the audit of Federal and/or State grants, contracts and other agreements awarded by or on behalf of the New Jersey Department of Labor and Workforce Development.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 5 - AUDITS › Subchapter 1 - AUDIT RESOLUTION PROCEDURES › Section 12:5-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
"Director" means the Director, Division of Accounting, New Jersey Department of Labor and Workforce Development.
"Final audit report" means an audit report received from the Office of Inspector General, United States Department of Labor, New York Regional Office, an audit report issued by the New Jersey Department of Labor and Workforce Development or an audit report that has cleared a desk review by the New Jersey Department of Labor and Workforce Development and for which no deficiencies on the auditor's part have been noted which could require correction or clarification.
"Grantee/contractor/subrecipient" means any person or government department, agency or establishment (private for profit/non-profit) that receives Federal and/or State financial assistance to carry out a program through a State or local government but does not include an individual who is a beneficiary of such a program.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 5 - AUDITS › Subchapter 1 - AUDIT RESOLUTION PROCEDURES › Section 12:5-1.3 - Audit resolution procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a final audit report, the Controller shall promptly review the audit and issue to the grantee/contractor/subrecipient, within 60 days of receipt of the final audit report, a written determination setting forth audit disallowances and/or proposed sanctions.
(b) If a grantee/contractor/subrecipient disagrees with the initial determination of the Director, the grantee/contractor/subrecipient may submit to the Director, within 30 days of the receipt of the initial determination, a written request for an informal review.
1. Each grantee/contractor/subrecipient who is requesting an informal review shall also submit any data and arguments that support the grantee's/contractor's/subrecipient's position within 30 days of the request for an informal review.
2. If a grantee/contractor/subrecipient does not request an informal review within the timeframe set forth in this subsection, the initial determination of the Director may become the final determination.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 6 - CONFIDENTIALITY › Subchapter 1 - CONFIDENTIALITY OF COMPLAINANT'S OR WITNESS' PERSONALLY IDENTIFIABLE INFORMATION › Section 12:6-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to ensure that, except under certain limited circumstances (enumerated at N.J.A.C. 12:6-1.4), the PII of any individual who files a complaint with the Department under any statute enforced by the Department, or under any chapter of Title 12 of the New Jersey Administrative Code, shall be kept confidential by the Department and shall not be disclosed; and to ensure that, except under certain limited circumstances (enumerated at N.J.A.C. 12:6-1.4), the PII of any witness who has provided a statement to the Department, as part of a Department investigation, to determine whether a violation of any statute enforced by the Department or of any chapter of Title 12 of the New Jersey Administrative Code has occurred, shall be kept confidential by the Department and shall not be disclosed.
(b) The provisions of this chapter shall apply to each government record of the Department and to each request for access to a government record of the Department.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 6 - CONFIDENTIALITY › Subchapter 1 - CONFIDENTIALITY OF COMPLAINANT'S OR WITNESS' PERSONALLY IDENTIFIABLE INFORMATION › Section 12:6-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Commissioner" means the Commissioner of the Department of Labor and Workforce Development, or his or her authorized representative.
"Department" means the Department of Labor and Workforce Development.
"Government record" means "government record," as that term is defined at N.J.S.A. 47:1A-1.1.
"Personally identifiable information" or "PII" means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual, including, but not limited to, first and last name, Social Security number, home and work address, home and work phone number, and home and work email address. The definition of PII is not anchored to any single category of information or technology. PII requires a case-by-case assessment of the specific risk that an individual can be identified.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 6 - CONFIDENTIALITY › Subchapter 1 - CONFIDENTIALITY OF COMPLAINANT'S OR WITNESS' PERSONALLY IDENTIFIABLE INFORMATION › Section 12:6-1.3 - Disclosure of complainant or witness PII; general prohibition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The PII of any individual who files a complaint with the Department under any statute enforced by the Department, or under any chapter of Title 12 of the New Jersey Administrative Code, shall be kept confidential by the Department and shall not be disclosed, except as authorized by the Commissioner under N.J.A.C. 12:6-1.4.
(b) The PII of any witness who has provided a statement to the Department, as part of a Department investigation to determine whether a violation of any statute enforced by the Department or of any chapter of Title 12 of the New Jersey Administrative Code has occurred, shall be kept confidential by the Department and shall not be disclosed, except as authorized by the Commissioner under N.J.A.C. 12:6-1.4.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 6 - CONFIDENTIALITY › Subchapter 1 - CONFIDENTIALITY OF COMPLAINANT'S OR WITNESS' PERSONALLY IDENTIFIABLE INFORMATION › Section 12:6-1.4 - Authorized disclosure of complainant or witness PII

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Under the following circumstances, the Department shall be permitted to disclose information otherwise prohibited from disclosure pursuant to N.J.A.C. 12:6-1.3(a) or
(b):
1. When such disclosure is deemed necessary by the Department for the purpose of administering any statute enforced by the Department, or any chapter of Title 12 of the New Jersey Administrative Code, including when such disclosure is deemed necessary by the Department to conduct its investigation into whether a violation of statute, or of any chapter of Title 12 of the New Jersey Administrative Code, has occurred;
2. To officers or employees of an agency of the Federal government, or a State or local government, if such a disclosure would not impede the enforcement of, and are not inconsistent with the purposes of, any statute enforced by the Department or any chapter of Title 12 of the New Jersey Administrative Code, provided the following:
i. The agency of the Federal government or a State or local government requesting the information is not the entity against which the complaint was filed;
ii. Requests by law enforcement agents shall be made in writing, the identity of the requestor shall be verified prior to the release of information by the showing of a badge, warrant, written and signed request on agency letterhead, or some other similar indication of official purpose, and the law enforcement agent certifies in writing that the confidentiality of the disclosed information shall be maintained; and
iii. Public officials shall establish that the information requested is to be used in furtherance of their public duties and shall certify in writing on agency letterhead that the confidentiality of the disclosed information shall be maintained.
3. When such disclosure has been ordered by a court or tribunal of competent jurisdiction.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 7 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 1 - DEFINITIONS › Section 12:7-1.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
"ADA" means the Americans with Disabilities Act, 42 U.S.C.A. § 12101 et seq.
"Agency" means the New Jersey Department of Labor.
"Designated decision maker" means the Commissioner of Labor or his or her designee.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 7 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 2 - GENERAL PROVISIONS › Section 12:7-2.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules are adopted by the agency in satisfaction of the requirements of the ADA and regulations promulgated pursuant thereto, 28 C.F.R. 35.107.
(b) The purpose of these rules is to establish a designated coordinator whose duties shall include assuring that the agency complies with and carries out its responsibilities under the ADA. Those duties shall also include the investigation of any complaint filed with the agency pursuant to N.J.A.C. 12:7-4.