reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 7 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 3 - DESIGNATED ADA COORDINATOR › Section 12:7-3.1 - Designated ADA coordinator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The designated coordinator of ADA compliance and complaint investigation for the agency is:
ADA Coordinator
New Jersey Department of Labor
CN 110
Trenton, New Jersey 08625
(b) All inquiries regarding the agency's compliance with the ADA and the availability of accommodation which would allow a qualified individual with a disability to receive services or participate in a program or activity provided by the agency should be directed to the designated coordinator identified in (a) above.
(c) All grievances alleging that the agency has failed to comply with or has acted in a way that is prohibited by the ADA should be directed to the designated ADA coordinator identified in this section, in accordance with the procedures set forth in N.J.A.C. 12:7-4.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 7 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA GRIEVANCE PROCEDURE › Section 12:7-4.1 - Grievance procedure

Current through Register Vol. 56, No. 14, July 15, 2024
A grievance alleging that the agency has failed to comply with the ADA or has acted in a way that is prohibited by the ADA shall be submitted either in writing or orally to the designated ADA coordinator identified in 12:7-3.1 within 30 days of the grievant becoming aware of the alleged violation. A grievance alleging employment discrimination will be processed pursuant to the rules of the Department of Personnel, 4A:7-1.1 through 3.4, if those rules are applicable.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 7 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA GRIEVANCE PROCEDURE › Section 12:7-4.2 - Grievance contents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A grievance submitted pursuant to this subchapter may be submitted in or on the form set forth at 12:7-4.3.
(b) A grievance submitted pursuant to this subchapter shall include the following information:
1. The name of the grievant and/or any alternate contact person designated by the grievant to receive communication or provide information for the grievant;
2. The address and telephone number of the grievant or alternate contact person; and
3. A description of manner in which the ADA has not been complied with or has been violated, including times and locations of events and names of witnesses if appropriate.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 7 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA GRIEVANCE PROCEDURE › Section 12:7-4.3 - Grievance form

Current through Register Vol. 56, No. 14, July 15, 2024
The following form may be utilized for the submission of a grievance pursuant to this subchapter:
Americans with Disabilities Act Grievance Form
Date:
.....................................................................
Name of grievant:
.....................................................................
Address of grievant:
.....................................................................
Telephone number of grievant:
.....................................................................
Name, address and telephone number of alternate contact person:
.....................................................................
.....................................................................
Agency alleged to have denied access:
Department:
.....................................................................
Division:
.....................................................................
Bureau or office:
.....................................................................
Location:
.....................................................................
Incident or barrier:
.....................................................................
Please describe the particular way in which you believe you have been denied the benefits of any service, program or activity or have otherwise been subject to discrimination. Please specify dates, times and places of incidents, and names and/or positions of agency employees involved, if any, as well as names, addresses and telephone numbers of any witnesses to any such incident. Attach additional pages if necessary.
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
Proposed access or accommodation:
If you wish, describe the way in which you feel access may be had to the benefits described above, or that accommodation could be provided to allow access.
.....................................................................
.....................................................................
.....................................................................
A copy of the above form may be obtained by contacting the designated ADA coordinator identified at 12:7-3.1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 7 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA GRIEVANCE PROCEDURE › Section 12:7-4.4 - Investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a grievance submitted pursuant to this subchapter, the designated ADA coordinator will notify the grievant of the receipt of the grievance and the initiation of an investigation into the matter. The designated ADA coordinator will also indicate a date by which it is expected that the investigation will be completed, which date shall not be later than 45 days from the date of receipt of the grievance, if practicable or unless a later date is agreed to by the grievant.
(b) Upon completion of the investigation, the designated ADA coordinator shall prepare a report for review by the designated decision maker for the agency. The designated decision maker shall render a written decision within 45 days of receipt of the grievance, if practicable or unless a later date is agreed to by the grievant, which decision shall be transmitted to the grievant and/or the alternate contact person if so designated by the grievant.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 8 - LISTING OF PERSONS PROHIBITED FROM CONTRACTING WITH ANY PUBLIC BODY DUE TO A VIOLATION OF STATE WAGE, BENEFIT, OR TAX LAWS › Subchapter 1 - GENERAL PROVISIONS › Section 12:8-1.1 - 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-1.16, which empowers the Commissioner, under certain circumstances, to post to a list of persons prohibited from contracting with any public body on the Department of Labor and Workforce Development's website, the name of a person found to be in violation of any State wage, benefit, or tax laws and against whom a final order has been issued by the Commissioner, or other appropriate agency officer, for any violation of a State wage, benefit, or tax law.
(b) This chapter applies to each person covered under any one or all of the State wage, benefit, or tax laws.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 8 - LISTING OF PERSONS PROHIBITED FROM CONTRACTING WITH ANY PUBLIC BODY DUE TO A VIOLATION OF STATE WAGE, BENEFIT, OR TAX LAWS › Subchapter 2 - DEFINITIONS › Section 12:8-2.1 - 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:
"Commissioner" means the Commissioner of the Department of Labor and Workforce Development, or the Commissioner's duly authorized representative.
"Contracting" means any arrangement giving rise to an obligation to supply any product, or to perform any service, for a public body, other than by virtue of State employment, or to supply any product, or to 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.
"Department" means the Department of Labor and Workforce Development.
"Final order" means either a final administrative determination of the Commissioner, or other appropriate agency officer, issued following adjudication of a matter as a contested case pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1" et seq., or where the Department or other appropriate agency has made a finding regarding a violation of any State wage, benefit, and tax laws, or regarding the levying of a penalty pursuant to any State wage, benefit, and tax laws, has notified the violator of the finding, and the violator has expressly waived the right to a hearing by virtue of having failed to request a hearing within the appropriate time limit established by either law or rule.
"Person" means any natural person, company corporate officer or principal, firm, association, corporation, contractor, subcontractor, or other entity engaged in contracting.
"Public body" means the State of New Jersey, any of its political subdivisions, any authority created by the Legislature of the State of New Jersey, and any instrumentality or agency for the State of New Jersey, or any of its political subdivisions.
"State wage, benefit, and tax laws" means:
1. N.J.S.A. 34:11-4.1;
2. The New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25;
3. The New Jersey State Wage and Hour Law, N.J.S.A. 34:11-56a;
4. The Workers' Compensation Law, N.J.S.A. 34:15-1;
5. The Unemployment Compensation Law, N.J.S.A. 43:21-1;
6. The Temporary Disability Benefits Law, N.J.S.A. 43:21-25;
7. N.J.S.A. 43:21-39.1; and
8. The New Jersey Gross Income Tax Act, N.J.S.A. 54A:1-1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 8 - LISTING OF PERSONS PROHIBITED FROM CONTRACTING WITH ANY PUBLIC BODY DUE TO A VIOLATION OF STATE WAGE, BENEFIT, OR TAX LAWS › Subchapter 3 - VIOLATIONS; PUNISHMENT; NOTICE OF INTENT › Section 12:8-3.1 - Posting of names to a list on the Department's website of persons prohibited from contracting with any public body

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where a person has been found to be in violation of any State wage, benefit, or tax laws and where a final order has been issued against that person by the Commissioner, or other appropriate agency officer, for a violation of any State wage, benefit, or tax laws, the Department may post that person's name to a list on the Department's website of persons prohibited from contracting with any public body.
(b) The Commissioner shall consider the following factors as material in each decision to place a person on the list pursuant to (a) above:
1. The record of previous violations;
2. Previous placement on the list by the Commissioner;
3. The frequency of violations by the person in previous or still pending cases;
4. The significance or scale of the violations;
5. The existence of failure to pay;
6. Failure to cooperate or respond to a request to produce records, forms, documents, or proof of payments;
7. Submission of falsified or altered records, forms, documents, or proof of payments;
8. Failure to provide goods or services; and
9. Failure to comply with contract specifications.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 9 - PRECONDITION TO AWARD OF DIRECT BUSINESS ASSISTANCE FROM THE DEPARTMENT AND FOR THE DEPARTMENT TO REPORT TO ANOTHER STATE AGENCY OR ENTITY THAT A BUSINESS IS IN SUBSTANTIAL GOOD STANDING WITH THE DEPARTMENT; REQUIRED CONTRACT PROVISION FOR DIRECT BUSINESS ASSISTANCE FROM THE DEPARTMENT › Subchapter 1 - DEPARTMENT DETERMINATION; SUBSTANTIAL GOOD STANDING › Section 12:9-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to implement P.L. 2021, c. 166 (N.J.S.A. 34:15D-33 and 34), which states that, as a precondition to the award to a person of direct business assistance from the Department, and as a precondition for the Department to report to another State agency or entity that a business is in substantial good standing, the Department shall determine whether the person has any outstanding liability to the Department, pursuant to any of the statutes or rules that the Department enforces, including, but not limited to, for unpaid contributions to the unemployment compensation fund or the State disability benefits fund; to any individual on whose behalf the Department has issued a final order for the payment of wages or benefits; or for any penalties, fees, or interest due to the Department pursuant to a final order issued pursuant to the statutes or rules that the Department enforces.
(b) This subchapter shall apply to all persons applying for direct business assistance from the Department, or regarding whom any other State agency or entity is seeking a determination from the Department that the business is in substantial good standing.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 9 - PRECONDITION TO AWARD OF DIRECT BUSINESS ASSISTANCE FROM THE DEPARTMENT AND FOR THE DEPARTMENT TO REPORT TO ANOTHER STATE AGENCY OR ENTITY THAT A BUSINESS IS IN SUBSTANTIAL GOOD STANDING WITH THE DEPARTMENT; REQUIRED CONTRACT PROVISION FOR DIRECT BUSINESS ASSISTANCE FROM THE DEPARTMENT › Subchapter 1 - DEPARTMENT DETERMINATION; SUBSTANTIAL GOOD STANDING › Section 12:9-1.3 - Precondition for receipt of direct business assistance from the Department, and for the Department to report to another State agency or entity that a business is in substantial good standing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As a precondition to the award of direct business assistance from the Department, and as a precondition for the Department to report to another State agency or entity that a business is in substantial good standing, the Office shall determine whether the person has any outstanding liability to the Department pursuant to any of the statutes or rules that the Department enforces, including, but not limited to, for unpaid contributions to the unemployment compensation fund or the State disability benefits fund; to any individual on whose behalf the Department has issued a final order for the payment of wages or benefits; or for any penalties, fees, or interest due the Department pursuant to a final order issued under any of the statutes or rules that the Department enforces.
(b) If the Office determines that a person has any outstanding liability to the Department pursuant to any of the statutes or rules that the Department enforces, the application by the person for direct business assistance from the Department shall be denied, and it shall be reported to any inquiring State agency or entity that the business is not in substantial good standing; except that the Office may, notwithstanding the outstanding liability to the Department pursuant to statutes or rules that the Department enforces, find that the application of such a person for direct business assistance from the Department may be granted, and may report to any inquiring State agency or entity that the business is in substantial good standing, if all of the following conditions have been met:
1. The person has entered into a written agreement with the affected departmental program area to immediately and fully comply with the statutes and rules enforced by the Department and to resolve all delinquencies or deficiencies within a time-period specified within the body of the agreement, and the affected departmental program area confirms to the Office that the person is not in default of its obligations pursuant to the written agreement;
2. The person is not on a debarment list, or any list prohibiting the person from contracting with any public body, administered by the Department pursuant to any of the statutes or rules that the Department enforces; and
3. The person is not currently serving a suspension or revocation of any license, certificate, or registration, issued by the Department pursuant to any of the statutes or rules that the Department enforces.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 9 - PRECONDITION TO AWARD OF DIRECT BUSINESS ASSISTANCE FROM THE DEPARTMENT AND FOR THE DEPARTMENT TO REPORT TO ANOTHER STATE AGENCY OR ENTITY THAT A BUSINESS IS IN SUBSTANTIAL GOOD STANDING WITH THE DEPARTMENT; REQUIRED CONTRACT PROVISION FOR DIRECT BUSINESS ASSISTANCE FROM THE DEPARTMENT › Subchapter 2 - DIRECT BUSINESS ASSISTANCE FROM THE DEPARTMENT; CONTRACT PROVISION REQUIRED › Section 12:9-2.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to ensure that each person receiving direct business assistance from the Department is obligated for the full term of any contract with the Department for receipt of the direct business assistance to ensure that the person incurs no liability to the Department pursuant to any of the statutes or rules that the Department enforces, including, but not limited to, for unpaid contributions to the unemployment compensation fund or the State disability benefits fund; to any individual on whose behalf the Department has issued a final order for the payment of wages or benefits; or for any penalties, fees, or interest due the Department pursuant to a final order issued pursuant to any of the statutes or rules; or, in the alternative, to ensure that if the person receiving direct business assistance from the Department does incur such liability to the Department during the term of its contract with the Department, the person's continued receipt of direct business assistance pursuant to the contract with the Department is conditioned upon:
1. The person providing proof to the Department of having entered into an agreement with the affected departmental program area to immediately and fully comply with the statutes and rules enforced by the Department and to resolve all delinquencies or deficiencies within a time period specified by the departmental program area within the body of the agreement; and
2. The Department confirming that the person is not in default of its obligations pursuant to the agreement.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 9 - PRECONDITION TO AWARD OF DIRECT BUSINESS ASSISTANCE FROM THE DEPARTMENT AND FOR THE DEPARTMENT TO REPORT TO ANOTHER STATE AGENCY OR ENTITY THAT A BUSINESS IS IN SUBSTANTIAL GOOD STANDING WITH THE DEPARTMENT; REQUIRED CONTRACT PROVISION FOR DIRECT BUSINESS ASSISTANCE FROM THE DEPARTMENT › Subchapter 2 - DIRECT BUSINESS ASSISTANCE FROM THE DEPARTMENT; CONTRACT PROVISION REQUIRED › Section 12:9-2.2 - Contract provision required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each contract for direct business assistance from the Department shall contain a provision stating that sufficient grounds exist for immediate termination of the contract by the Department if, at any time during the term of the contract, the person contracting with the Department is found to have incurred liability to the Department pursuant to any of the statutes or rules that the Department enforces, including, but not limited to, for unpaid contributions to the unemployment compensation fund or the State disability benefits fund; to any individual on whose behalf the Department has issued a final order for the payment of wages or benefits; or for any penalties, fees, or interest due the Department pursuant to a final order issued under any of the statutes or rules that the Department.
(b) Prior to terminating the contract for direct businesses assistance from the Department pursuant to the contract provision described at (a) above, the Department shall provide the person receiving direct business assistance with 15 business days to provide proof to the Department of having entered into an agreement with the affected Departmental program area to immediately and fully comply with the statutes and rules enforced by the Department and to resolve all delinquencies or deficiencies within a time period specified by the Departmental program area within the body of the agreement.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 10 - PUBLIC WORKS CONTRACTOR AND QUALIFYING SERVICES CONTRACTOR REPORTING REQUIREMENTS UNDER THE DIANE B. ALLEN EQUAL PAY ACT, P.L. 2018, c. 9, Section 5 (N.J.S.A. 34:11-56.14) › Subchapter 1 - GENERAL PROVISIONS › Section 12:10-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to issue, by rule, both the form of reports that shall be used by covered employers in order to comply with the requirements set forth at N.J.S.A. 34:11-56.14 and the manner in which covered employers shall submit those reports to the Department.
(b) The provisions of this chapter shall be applicable to all covered employers.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 10 - PUBLIC WORKS CONTRACTOR AND QUALIFYING SERVICES CONTRACTOR REPORTING REQUIREMENTS UNDER THE DIANE B. ALLEN EQUAL PAY ACT, P.L. 2018, c. 9, Section 5 (N.J.S.A. 34:11-56.14) › Subchapter 2 - REPORTING REQUIREMENT FOR QUALIFYING SERVICES › Section 12:10-2.1 - Form and frequency of reporting; employment snapshot

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each covered employer who enters into a contract with a public body to provide qualifying services, shall, on an annual basis, no later than March 31 following the calendar year in which the contract to provide qualifying services became effective, and each March 31 thereafter for the preceding calendar year during which the contract to provide qualifying services remains in effect, submit electronically to the Department (via email or other electronic means prescribed by the Department), using the Annual Equal Pay Report for Qualifying Services, the following information with respect to employees performing work in New Jersey:
1. Job category;
2 Sex/gender;
3. Race;
4. Ethnicity;
5. Hours worked; and
6. Compensation.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 10 - PUBLIC WORKS CONTRACTOR AND QUALIFYING SERVICES CONTRACTOR REPORTING REQUIREMENTS UNDER THE DIANE B. ALLEN EQUAL PAY ACT, P.L. 2018, c. 9, Section 5 (N.J.S.A. 34:11-56.14) › Subchapter 2 - REPORTING REQUIREMENT FOR QUALIFYING SERVICES › Section 12:10-2.2 - Establishment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employer doing business at only one establishment in one location shall complete a single Annual Equal Pay Report for Qualifying Services.
(b) A covered employer doing business at more than one establishment shall complete the following:
1. An Annual Equal Pay Report for Qualifying Services covering the principal or headquarters office;
2. A separate Annual Equal Pay Report for Qualifying Services for each establishment employing 50 or more employees; and
3. A consolidated Equal Pay Report for Qualifying Services for all establishments employing fewer than 50 employees.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 10 - PUBLIC WORKS CONTRACTOR AND QUALIFYING SERVICES CONTRACTOR REPORTING REQUIREMENTS UNDER THE DIANE B. ALLEN EQUAL PAY ACT, P.L. 2018, c. 9, Section 5 (N.J.S.A. 34:11-56.14) › Subchapter 2 - REPORTING REQUIREMENT FOR QUALIFYING SERVICES › Section 12:10-2.3 - Identification of employees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The covered employer is not required to identify any employee by name. Rather, the covered employer is required to list under the heading, "Number of employees," on the Annual Equal Pay Report for Qualifying Services, the number of employees at the establishment who meet each of the criteria in the succeeding columns entitled: job, demographic, hours, and compensation.
1. For example, where at a given establishment of the covered employer, there are three employees identified with the job category of professional, who are also identified as female (sex), Black or African American (race), Non-Hispanic (ethnicity), exempt working 1,820 hours annually (hours), and in pay band number 9, receiving annually between $ 101,920 and $ 128,959 (compensation), the covered employer would place the number "3" in the corresponding box under the first column entitled, "Number of employees."
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 10 - PUBLIC WORKS CONTRACTOR AND QUALIFYING SERVICES CONTRACTOR REPORTING REQUIREMENTS UNDER THE DIANE B. ALLEN EQUAL PAY ACT, P.L. 2018, c. 9, Section 5 (N.J.S.A. 34:11-56.14) › Subchapter 2 - REPORTING REQUIREMENT FOR QUALIFYING SERVICES › Section 12:10-2.4 - Job category

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The covered employer shall place employees into one of the following job categories:
1. Executive/senior level officials and managers;
2. First/mid-level officials and managers;
3. Professionals;
4. Technicians;
5. Sales workers;
6. Administrative support workers;
7. Craft workers;
8. Operatives;
9. Laborers and helpers; or
10. Service workers.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 10 - PUBLIC WORKS CONTRACTOR AND QUALIFYING SERVICES CONTRACTOR REPORTING REQUIREMENTS UNDER THE DIANE B. ALLEN EQUAL PAY ACT, P.L. 2018, c. 9, Section 5 (N.J.S.A. 34:11-56.14) › Subchapter 2 - REPORTING REQUIREMENT FOR QUALIFYING SERVICES › Section 12:10-2.5 - Sex, race, and ethnicity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The covered employer shall place employees into one of the following sex categories:
1. Male;
2. Female; or
3. Non-binary.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 10 - PUBLIC WORKS CONTRACTOR AND QUALIFYING SERVICES CONTRACTOR REPORTING REQUIREMENTS UNDER THE DIANE B. ALLEN EQUAL PAY ACT, P.L. 2018, c. 9, Section 5 (N.J.S.A. 34:11-56.14) › Subchapter 2 - REPORTING REQUIREMENT FOR QUALIFYING SERVICES › Section 12:10-2.6 - Hours worked

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where the covered employer does not record hours worked for a particular employee because the employee is an exempt employee under the Federal Fair Labor Standards Act, 29 U.S.C. §§
										201 et seq., or the New Jersey Wage and Hour Law, N.J.S.A. 34:11-56a et seq., the employer may either:
1. Record the actual hours worked for that employee for the purpose of completing the Annual Equal Pay Report for Qualifying Services; or
2. Presume solely for the purpose of completing the Annual Equal Pay Report for Qualifying Services that if the employee is full-time he or she worked 40 hours per week, and if the employee is part-time he or she worked 20 hours per week.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 10 - PUBLIC WORKS CONTRACTOR AND QUALIFYING SERVICES CONTRACTOR REPORTING REQUIREMENTS UNDER THE DIANE B. ALLEN EQUAL PAY ACT, P.L. 2018, c. 9, Section 5 (N.J.S.A. 34:11-56.14) › Subchapter 2 - REPORTING REQUIREMENT FOR QUALIFYING SERVICES › Section 12:10-2.7 - Compensation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purpose of completing the Annual Equal Pay Report for Qualifying Services, the covered employer shall consider an employee's annual compensation to be the amount contained within Box #1 of the employee's Internal Revenue Service Form W-2 (which lists the employee's total taxable wages, tips, and other compensation).
(b) Once the covered employer has established the employee's annual compensation using the method prescribed in (a) above, the covered employer shall report the employee's compensation on the Annual Equal Pay Report for Qualifying Services as within one of the following pay bands:
1. $ 19,239 and under;
2. $ 19,240 - $ 24,439;
3. $ 24,440 - $ 30,679;
4. $ 30,680 - $ 38,999;
5. $ 39,000 - $ 49,919;
6. $ 49,920 - $ 62,919;
7. $ 62,920 - $ 80,079;
8. $ 80,080 - $ 101,919;
9. $ 101,920 - $ 128,959;
10. $ 128,960 - $ 163,799;
11. $ 163,800 - $ 207,999;
12. $ 208,000 and over.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 10 - PUBLIC WORKS CONTRACTOR AND QUALIFYING SERVICES CONTRACTOR REPORTING REQUIREMENTS UNDER THE DIANE B. ALLEN EQUAL PAY ACT, P.L. 2018, c. 9, Section 5 (N.J.S.A. 34:11-56.14) › Subchapter 3 - REPORTING REQUIREMENT FOR PUBLIC WORKS › Section 12:10-3.1 - Form and frequency of reporting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For every employee of the covered employer employed in New Jersey in connection with a contract with a public body to perform any public work for the public body, each covered employer shall, on a weekly basis, submit electronically to the Department (via email or other electronic means prescribed by the Department), using the Payroll Certification for Public Works Projects, all of the information required to be submitted to the public body through certified payroll records under N.J.S.A. 34:11-56.25et seq., plus or inclusive of the following:
1. Job title;
2. Occupational category;
3. Sex;
4. Race; and
5. Rate of total compensation.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 10 - PUBLIC WORKS CONTRACTOR AND QUALIFYING SERVICES CONTRACTOR REPORTING REQUIREMENTS UNDER THE DIANE B. ALLEN EQUAL PAY ACT, P.L. 2018, c. 9, Section 5 (N.J.S.A. 34:11-56.14) › Subchapter 3 - REPORTING REQUIREMENT FOR PUBLIC WORKS › Section 12:10-3.2 - Job title and occupational category

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purpose of completing the Payroll Certification for Public Works Projects, the term "job title" shall mean the classification of the individual as an apprentice, journeyman, foreman, deputy, or assistant foreman, or the like.
(b) For the purpose of completing the Payroll Certification for Public Works Projects, the term "occupational category" shall mean the individual's craft or trade; for example: laborer, carpenter, electrician, or mason.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 10 - PUBLIC WORKS CONTRACTOR AND QUALIFYING SERVICES CONTRACTOR REPORTING REQUIREMENTS UNDER THE DIANE B. ALLEN EQUAL PAY ACT, P.L. 2018, c. 9, Section 5 (N.J.S.A. 34:11-56.14) › Subchapter 3 - REPORTING REQUIREMENT FOR PUBLIC WORKS › Section 12:10-3.3 - Sex and race

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The covered employer shall place employees into one of the following sex categories:
1. Male;
2. Female; or
3. Non-binary.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 10 - PUBLIC WORKS CONTRACTOR AND QUALIFYING SERVICES CONTRACTOR REPORTING REQUIREMENTS UNDER THE DIANE B. ALLEN EQUAL PAY ACT, P.L. 2018, c. 9, Section 5 (N.J.S.A. 34:11-56.14) › Subchapter 3 - REPORTING REQUIREMENT FOR PUBLIC WORKS › Section 12:10-3.4 - Rate of total compensation

Current through Register Vol. 56, No. 14, July 15, 2024
The covered employer shall report hours worked and compensation using the Payroll Certification for Public Works Projects in the same manner that it has traditionally reported that information to the public body through certified payroll records under N.J.S.A. 34:11-56.25et seq.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 10 - PUBLIC WORKS CONTRACTOR AND QUALIFYING SERVICES CONTRACTOR REPORTING REQUIREMENTS UNDER THE DIANE B. ALLEN EQUAL PAY ACT, P.L. 2018, c. 9, Section 5 (N.J.S.A. 34:11-56.14) › Subchapter 3 - REPORTING REQUIREMENT FOR PUBLIC WORKS › Appendix A

Current through Register Vol. 56, No. 14, July 15, 2024
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New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 10 - PUBLIC WORKS CONTRACTOR AND QUALIFYING SERVICES CONTRACTOR REPORTING REQUIREMENTS UNDER THE DIANE B. ALLEN EQUAL PAY ACT, P.L. 2018, c. 9, Section 5 (N.J.S.A. 34:11-56.14) › Subchapter 3 - REPORTING REQUIREMENT FOR PUBLIC WORKS › Appendix B

Current through Register Vol. 56, No. 14, July 15, 2024
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New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 15 - SCOPE › Subchapter 1 - GENERAL PROVISIONS › Section 12:15-1.1 - Purpose and scope of rules and regulations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Under the Unemployment Compensation Law and the Temporary Disability Benefits Law, benefits financed from tax or contributions are paid to eligible workers who become unemployed, disabled or who require leave from work to participate in the providing of care for a family member made necessary by a serious health condition of the family member or to bond with a newborn or newly adopted child.
(b) The unemployment benefits are paid from moneys contributed to a State Unemployment Compensation Fund, and both temporary disability benefits and family leave insurance benefits from moneys contributed to the State Disability Benefits Fund or from private plans approved by the Department of Labor and Workforce Development and established by employers for such purposes.
(c) The rules and regulations contained in this subchapter are agency statements of general applicability, and are intended to assist in the implementation of the basic provisions of the laws pertaining to unemployment compensation, temporary disability benefits and family leave insurance benefits.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 15 - SCOPE › Subchapter 1 - GENERAL PROVISIONS › Section 12:15-1.2 - Maximum weekly benefit rates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For unemployment compensation claims commencing on or after January 1, 2024, the maximum weekly benefit rate pursuant to the Unemployment Compensation Law shall be $ 854.00 per week.
(b) For periods of disability or family leave commencing on or after January 1, 2024, the maximum weekly benefit rate for State Plan temporary disability and family leave insurance benefits pursuant to the Temporary Disability Benefits Law shall be $ 1,055 per week.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 15 - SCOPE › Subchapter 1 - GENERAL PROVISIONS › Section 12:15-1.3 - Taxable wage base under the Unemployment Compensation Law

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with the provisions at N.J.S.A. 43:21-7(b)(3), the "wages" of any individual with respect to any one employer for the purpose of contributions pursuant to the Unemployment Compensation Law shall include the first $ 42,300 during the calendar year 2024.
(b) In accordance with the provisions at N.J.S.A. 43:21-7(b)(4), the "wages" of any individual with respect to any one employer for the purpose of contributions to the State Disability Benefits Fund, including the "Family Temporary Disability Leave Account," shall include the first $ 161,400 during the calendar year 2024.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 15 - SCOPE › Subchapter 1 - GENERAL PROVISIONS › Section 12:15-1.4 - Contribution rate of governmental entities and instrumentalities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All requests for still and television camera and audio coverage of proceedings shall be forwarded to the Chief Judge.
(b) This contribution rate shall be effective on taxable wages paid in the calendar year 2024.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 15 - SCOPE › Subchapter 1 - GENERAL PROVISIONS › Section 12:15-1.5 - Base week

Current through Register Vol. 56, No. 14, July 15, 2024
In accordance with the provisions at N.J.S.A. 43:21-19(c)(1) and (t)(3)  and 43:21-27(h)(4), the base week amount shall be $ 283.00 per week for calendar year 2024.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 15 - SCOPE › Subchapter 1 - GENERAL PROVISIONS › Section 12:15-1.6 - Alternative earnings test

Current through Register Vol. 56, No. 14, July 15, 2024
In accordance with the provisions at N.J.S.A. 43:21-4(e)(4)(B)  and 43:21-41(d)(2), in those instances in which the individual has not established 20 base weeks, the alternative earnings amount for establishing eligibility shall be $ 14,200 for unemployment compensation benefit years and periods of disability and family leave commencing on or after January 1, 2024.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 15 - SCOPE › Subchapter 1 - GENERAL PROVISIONS › Section 12:15-1.8 - Training of employees who will have direct, in-person, contact with victims of domestic violence in the context of processing of unemployment compensation claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All Department employees who process unemployment compensation claims and who the Department anticipates will have direct, in-person, contact with claimants shall receive Domestic Violence and Workforce Development Initiative Act training.
(b) Training provided under (a) above shall be conducted by a Certified Domestic Violence Specialist or, if a Certified Domestic Violence Specialist is not available to conduct the training, by another person approved by the Commissioner, in consultation with the Commissioner of the Department of Community Affairs, who possesses the following qualifications and expertise in the area of domestic violence:
1. 180 hours of domestic violence specific education; and
2. 1,000 hours of direct service experience with domestic violence clients.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 15 - SCOPE › Subchapter 1 - GENERAL PROVISIONS › Section 12:15-1.9 - Employee responsibilities - self-screening

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each Department employee who processes unemployment compensation claims and who has direct, in-person, contact with claimants within the context of processing unemployment claims shall make available to the claimant a document, which contains the following information:
1. A self-screening questionnaire, which asks a series of yes/no questions of the claimant designed to ascertain whether the claimant is a victim of domestic violence;
2. An instruction, that if the claimant has answered yes to any of the questions listed in the self-screening questionnaire, he or she may contact the office's designated domestic violence liaison;
3. A statement that any of the information that the claimant shares with the domestic violence liaison about his or her fears, dangers or abuse will be kept confidential within the Department of Labor and Workforce Development and at any support service programs to which the claimant is referred, with the exception that if the claimant informs the Department employee that any child or children are being abused, the Department of Labor and Workforce Development must, pursuant to N.J.S.A. 9:6-8.1 0, report that information to the Division of Youth and Family Services; and
4. A listing of New Jersey Statewide domestic violence hotlines.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 15 - SCOPE › Subchapter 1 - GENERAL PROVISIONS › Section 12:15-1.10 - Employee responsibilities - individual has identified himself or herself as a victim of domestic violence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where, as a result of the self-screening described under 12:15-1.9, a claimant discloses to a Department employee other than the office's designated domestic violence liaison that he or she is a victim of domestic violence, the Department employee shall direct the claimant to the office's domestic violence liaison.
(b) It shall be the responsibility of the domestic violence liaison with regard to each claimant who, as a result of the self-screening described under N.J.A.C. 12:15-1.9, discloses that he or she is a victim of domestic violence, to provide the following information to the claimant:
1. Referrals to services determined by the domestic violence liaison to be appropriate in the case of the claimant, which services shall include, but not be limited to, any appropriate referral to a designated domestic violence agency as defined at 43:21-5(j)  or a community shelter for victims of domestic violence certified pursuant to standards and procedures established by 30:14-1 et seq.; and
2. The rights that the claimant may have to unemployment compensation pursuant to 43:21-5.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 15 - SCOPE › Subchapter 2 - DISCLOSURE OF INFORMATION › Section 12:15-2.1 - Disclosure of information; general prohibition

Current through Register Vol. 56, No. 14, July 15, 2024
No disclosure of information obtained at any time from, and identifiable to, specific workers, employers or other persons in the course of administering the New Jersey Unemployment Compensation and Temporary Disability Benefits Laws shall be made directly or indirectly, except as authorized by the Commissioner or his or her representative in accordance with this subchapter.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 15 - SCOPE › Subchapter 2 - DISCLOSURE OF INFORMATION › Section 12:15-2.3 - Benefit appeal related information

Current through Register Vol. 56, No. 14, July 15, 2024
Any request for the release of information connected with the proper presentation of an unemployment, temporary disability benefits or family leave insurance benefits claim before the Appeal Tribunal or the Board of Review shall be considered in accordance with 1:12-10.1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 15 - SCOPE › Subchapter 2 - DISCLOSURE OF INFORMATION › Section 12:15-2.4 - Unauthorized disclosure of information

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing contained in this subchapter shall, or shall be construed to, contravene 20 C.F.R. 401.1 et seq., relating to the disclosure of official records and information.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 15 - SCOPE › Subchapter 3 - REGISTRATION OF AUTHORIZED AGENTS › Section 12:15-3.1 - Application and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this subchapter are promulgated by the Department of Labor and Workforce Development in order to implement 43:21-6.2 through 6.8, which require that an authorized agent who represents a party or parties for a fee in communications with, or hearings or other proceedings before, the Division in connection with claims for unemployment benefits, charges or tax assessments, shall register with the Division.
(b) The provisions of this subchapter shall apply to all authorized agents, as that term is defined in 12:15-3.2.
(c) The provisions of this subchapter shall not apply to an individual, organization or business when that individual's, organization's or business' representation of a party or parties is for the sole purpose of filing with the Division of Revenue, within the Department of the Treasury, on behalf of that party or those parties such contribution and statistical reports, and reports of wages paid to individual workers as may be required by the Controller or his or her designee (for example, when a payroll service represents an employer for the sole purpose of filing a WR-30, wage report, or NJ-927, contribution report, on behalf of that employer).
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 15 - SCOPE › Subchapter 3 - REGISTRATION OF AUTHORIZED AGENTS › Section 12:15-3.2 - 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:
"Authorized agent" means an individual, organization or business that, for a fee, provides representation to parties in communications with, or hearings or other proceedings before, representatives of the Division in connection with claims for unemployment benefits, charges or tax assessments. In the case of an individual authorized agent representing an organization or business that provides representation to parties for a fee, both the individual and the organization or business shall register with the Division and both will be held responsible as authorized agents. An attorney is not an authorized agent for purposes of this subchapter and is not required to register with the Division. If an attorney is employed by, or otherwise provides service to, an organization or business which is an authorized agent, the organization or business shall register with the Division and will be considered the authorized agent for purposes of this subchapter. An authorized agent representing an employer shall be regarded as an agent of an employing unit for the purposes of 43:21-16 and be subject to all requirements and penalties imposed by that section for an agent of an employing unit.
"Commissioner" means the Commissioner of the Department of Labor and Workforce Development or his or her designee.
"Department" means the Department of Labor and Workforce Development.
"Director" means the Assistant Commissioner of Income Security, within the Department of Labor and Workforce Development, or his or her designee.
"Division" means the Divisions of Unemployment Insurance and Employer Accounts, within the Income Security Branch of the Department of Labor and Workforce Development.
"Hearing or other proceeding" means, with regard to unemployment compensation claims and charges, a fact-finding, Appeal Tribunal or Board of Review proceeding, and with regard to tax assessments, a field audit, informal hearing or Office of Administrative Law proceeding.
"Party" means any of the following parties to an appeal, hearing or other procedure of the Division: the Division; a claimant for unemployment compensation; or any employer against whom charges may be made or tax liability may be assessed due to the claim for unemployment compensation.
"Representative of the Division" means any individual or entity, including any deputy, Appeal Tribunal, the Board of Review or any other individual or entity which represents the Division in connection with claims, benefits, charges or taxes for unemployment compensation.
"Tax assessment" means liability determined as the result of a field audit, informal hearing or Office of Administrative Law proceeding.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 15 - SCOPE › Subchapter 3 - REGISTRATION OF AUTHORIZED AGENTS › Section 12:15-3.3 - Administration and enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
The Division shall administer and enforce this subchapter. All the powers, duties and responsibilities vested in the Commissioner by 43:21-6.2 through 6.8, are hereby delegated to and vested in the Director, except the power to adopt, amend or repeal rules and the power to make final administrative determinations resulting from any of the hearings required or permitted to be held pursuant to the Administrative Procedure Act, 52:14B-1 et seq. and 52:14F-1 et seq.