New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69K - EQUAL EMPLOYMENT AND BUSINESS OPPORTUNITY › Subchapter 2 - EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION OBLIGATIONS OF CONTRACTORS, SUBCONTRACTORS AND CASINO LICENSEES AND APPLICANTS CONCERNING CONSTRUCTION › Section 13:69K-2.7 - Construction contracts and subcontracts; mandatory contract language

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every
				contract or subcontract which concerns the construction of a casino hotel,
				casino, casino simulcasting facility or any related facility shall contain the
				following language concerning equal employment opportunity and equal business
				opportunity:
"During the performance of this contract (or subcontract),
				  the contractor (or subcontractor) agrees that it will be bound by the equal
				  employment and business opportunity requirements of the New Jersey Casino
				  Control Act,
				  5:12-1 et seq., and the rules of
				  the New Jersey Division of Gaming Enforcement, N.J.A.C. 13:69K.
The contractor (or subcontractor) agrees that it will provide
				  equal employment opportunity, as defined in
				  13:69K-1.2, to all prospective and
				  actual employees of the contractor (or subcontractor). The contractor (or
				  subcontractor) agrees to post in conspicuous places, available to employees and
				  applicants for employment, notices setting forth in detail the provisions of
				  this equal employment opportunity clause.
The contractor (or subcontractor) agrees that it will include
				  in all advertisements or solicitations for employees placed by or on behalf of
				  the contractor (or subcontractor) a statement that it is an equal employment
				  opportunity employer subject to regulation by the Division of Gaming
				  Enforcement.
The contractor (or subcontractor) agrees that it will send to
				  each labor union or representative of workers with which it has a collective
				  bargaining agreement or other contract or understanding, a notice advising the
				  labor union or representative of the contractor's (or subcontractor's)
				  commitments under the Casino Control Act and the rules of the Division of
				  Gaming Enforcement, and shall post copies of the notice in conspicuous places
				  available to employees and applicants for employment.
The contractor (or subcontractor) agrees that it will provide
				  equal business opportunity, as defined in
				  13:69K-1.2, to all persons who
				  wish to participate in the performance of the contract (or subcontract). The
				  contractor (or subcontractor) agrees to post in conspicuous places at its place
				  of business and on the project site notices setting forth in detail the
				  provisions of this equal business opportunity clause.
The contractor (or subcontractor) agrees that a
				  representative of the Division of Gaming Enforcement shall be entitled to
				  attend all construction project meetings and, at reasonable times and in a
				  reasonable manner, to enter the contractor's (or subcontractor's) business
				  facility or facilities or construction project site for determining whether the
				  contractor or subcontractor is complying with the Casino Control Act and the
				  rules of the Division. The contractor (or subcontractor) agrees that the
				  Division, in making such determinations, shall be entitled to inspect or copy
				  any relevant books and records of the contractor (or subcontractor)."
(b) In lieu of the mandatory
				language required by (a) above, a contractor or subcontractor may include the
				following language in the contract or subcontract:
"The parties to this contract (or subcontract) agree to
				  incorporate into this contract (or subcontract) the mandatory equal employment
				  and business opportunity contract language contained in the rules of the
				  Division of Gaming Enforcement at
				  13:69K-2.7, as amended or
				  supplemented from time to time, and to comply fully with the terms, provisions
				  and obligations of N.J.A.C. 13:69K."