New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 1 - PURPOSE AND SCOPE; DEFINITIONS › Section 13:45B-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter and in license application forms and licenses, shall have the following meanings unless the context clearly indicates otherwise:
"Accepting employment" means that a job seeker has entered into an agreement with an employer which includes:
1. The terms and conditions of employment;
2. The salary or wages and any benefits to be paid to the job seeker as compensation for employment; and
3. The date, time and place employment will commence.
"Act" means P.L. 1989, c.331, (34:8-43 et seq.), an Act regulating certain employment agencies, services and firms, supplementing Title 52 of the Revised Statutes and repealing P.L. 1951, c.337 and Section 6 of P.L. 1981, c.500.
"Advertisement" means any advertisement as defined by 56:8-1(a)  of any service or product, including any statement appearing in a newspaper, periodical, pamphlet, circular, or other publication, in direct mail literature, on a display or any exterior or interior sign, or radio or television broadcast, or transmitted by telecopier, telex, telephone, any other electronic medium, or delivered to or through any computer, that offers a service or product for sale, whether or not the statement includes a price.
"Agent" means any individual who performs any function or activity for or on behalf of any person, the purpose of which is to provide services or products to individuals seeking employment, career guidance or counseling, or employment-related services or products.
"Agent-registrant" means a person authorized and empowered by the owner of a service registered pursuant to 34:8-43 et seq. to solicit business or otherwise act as an agent of the registered service.
"Applicant" means any person applying for licensing or registration under the Act or 56:8-1.1.
"Bona fide job order" means an accurate written or recorded description of a job or jobs to be filled, with an address or location where the job is to be performed, the range of salary, the conditions of employment offered, the date of order, the name of the individual placing the order, and the name of the interviewer to be contacted by the job seeker.
"Booking agency" means any person who procures, offers, promises, or attempts to procure employment for performing artists, or athletes, not under the jurisdiction of the Athletic Control Board, and who collects a fee for providing those services. Under 34:8-43 et seq., a booking agency is licensed as an employment agency.
"Booking agent" means any person who performs any solicitation or recruiting function for or on behalf of any booking agency; a booking agent is licensed as an agent of the booking agency.
"Broker" means a person who acts, works or performs duties as an agent for others, in return for a fee, charge or commission.
"Career consulting or outplacement organization" means any person required to be registered under 34:8-65, providing or rendering services, with or without related products, in connection with advice, instruction, analysis, recommendation or assistance concerning past, present, or future employment or compensation for an individual's time, labor or effort where the products or services are paid for by the job seeker.
"Career counseling service" means any person who, through its agents or otherwise, procures or represents itself as procuring employment or employment assistance or advertises in any manner the following services for a fee paid by the job seeker: career counseling; vocational guidance; aptitude, achievement or vocational testing; executive consulting; personnel consulting; career management, evaluation, or planning; the development of resumes and other promotional materials relating to the preparation for employment; or referral services relating to employment or employment qualifications. Pursuant to 34:8-43 et seq., a career counseling service is licensed as an employment agency. A career counseling service shall not include career consulting or outplacement organizations required to be registered under 34:8-65.
"CFA" means the Consumer Fraud Act, 56:8-1 et seq.
"Consulting firm" means any person required to be registered under 34:8-64 who: identifies, appraises, refers or recommends individuals to be considered for employment by the employer; and is compensated for services solely by payments from the employer and is not in any instance, compensated, directly or indirectly, by an individual who is identified, appraised, referred or recommended. (Consulting firms are commonly known as "executive search firms" or "headhunters.")
"Director" means the Director of the Division of Consumer Affairs or his or her designee.
"Division" means the Division of Consumer Affairs, Department of Law and Public Safety, 124 Halsey Street, Newark, New Jersey 07102.
"Employer" means a person seeking to obtain individuals to perform services, tasks, or labor for which a salary, wage, or other compensation or benefits are to be paid. For purposes of the Act alone, an employment agency is not an "employer," except of its own agents.
"Employment" means hiring or engaging the services of a person.
"Employment agency" means any person who, through its agents or otherwise, for a fee, charge or commission:
1. Procures, or obtains, or offers, promises or attempts to procure, obtain, or assist in procuring or obtaining employment for a job seeker or employees for an employer;
2. Supplies job seekers to employers seeking employees on a part-time or temporary assignment basis who has not filed as a temporary help service pursuant to the provisions of 56:8-1.1;
3. Procures, obtains, offers, promises or attempts to procure or obtain employment or engagements for performing artists;
4. Acts as a placement firm, career counseling service, or resume service;
5. Acts as a nurses' registry, as defined hereinafter;
6. Places health care personnel in private homes or on private duty; or
7. Places household workers in domestic positions, including salaried "nannies" or "au pairs."
"Entertainment agency" means a booking agency or an employment agency, which procures, obtains, offers, promises or attempts to procure or obtain employment or engagements for performing artists.
"Executive Director" means the Executive Director of the Office of Consumer Protection.
"Fee, charge or commission" means any payment of money, or promise to pay money to a person in consideration for performance of any service for which licensure or registration is required by the Act, or the excess of money received by a person furnishing employment or job seekers over what he has paid for transportation, transfer of baggage or lodging for a job seeker. "Fee, charge or commission" shall also include the difference between the amount of money received by any person who either furnishes job seekers or performers for any entertainment, exhibition or performance, or who furnishes baby sitters for any occasion, and the amount paid by the person to the job seekers, performers or baby sitters.
"Integrated" means sharing a common business structure as well as any one or more of the following: the same trade name, office space, management, personnel, advertising, business and personnel records, office systems and/or equipment, such as telephone and/or telecopier.
"Job listing service" means any person required to be registered under 34:8-66 who, by advertisement or other means, offers to provide job seekers with a list of employers, a list of job openings or a similar publication, or prepares resumes or lists of applicants for distribution to potential employers, where a fee or other valuable consideration is exacted or attempted to be collected, either directly or indirectly.
"Job order" is a request received from a client for job seekers and is recorded by the employment and personnel service in written form. The following minimum information is required to be recorded:
1. The name of the company;
2. The address of the company;
3. The name of the person placing the order;
4. The job title;
5. The salary; and
6. A brief description of the job.
"Job seeker" means any individual seeking employment, career guidance or counseling or employment-related services or products.
"License" means a license issued by the Director to any person:
1. To carry on the business of an employment agency, career counseling service, or booking agency; and/or
2. To perform, as an agent of the agency, any of the functions related to the operation of these agencies.
"Managing agent" means any individual or entity that controls, supervises, or has the responsibility to direct day-to-day operations of an employment agency or health care service firm.
"Nurses' registry" means any person who operates a firm which directly or indirectly procures, assigns, or supplies, or offers, arranges or attempts to procure, assign or supply temporary or permanent personnel service(s) classified as the practice of nursing, and receives or attempts to receive a payment, fee, charge or commission for such service(s). Under 34:8-43 et seq., a nurses' registry is licensed as an employment agency.
"Performing artists" means musical, theatrical, vaudeville, film, television, or radio performers, as well as models, whether employed or engaged individually or as a group, and athletes not under the jurisdiction of the Athletic Control Board.
"Person" means any natural person or legal representative, partnership, corporation, company, trust, business entity or association, and any agent, employee, salesperson, partner, officer, director, member, stockholder, associate, trustee or cestuis que trust thereof.
"Prepaid computer job matching service" means any person required to be registered under 34:8-66 who is engaged in the business of matching job seekers with employment opportunities, pursuant to an arrangement under which the job seeker is required to pay a fee in advance of, or contemporaneously with, the supplying of the matching, but which does not otherwise involve services for the procurement of employment by the person conducting the service.
"Primary location" means an address used for 90 or more calendar days by a person for the conduct of an activity regulated under the Act.
"Principal owner" means any person who, directly or indirectly, holds a beneficial interest or ownership in an applicant or who has the ability to control an applicant.
"Product" means any tangible thing that is the result of labor or effort, thus any merchandise, object, wares, goods, commodity or item offered, directly or indirectly, for sale to the public or a job seeker.
"Registration" means a registration issued by the Director to any person:
1. To carry on the business of a consulting firm, temporary help service firm, career consulting or outplacement organization, job listing service or prepaid computer job matching service or health care service firm as defined in 13:45B-14.2; or
2. To perform as an agent of any of the above-listed entities except for temporary help service firms and consulting firms.
"Section" means the Regulated Business Section of the Office of Consumer Protection in the Division, created as a result of the transfer of the Bureau of Employment and Personnel Services Unit and the Charities Registration Section to the Office of Consumer Protection pursuant to Reorganization Plan No. 002 of 1992.
"Service" means any act offered or rendered by a person supplying employment or personnel services or products, in order to implement the provisions of an agreement between that person and a job seeker or employer.
"Temporary employment" means employment in which the duration is fixed as some definite agreed period of time or by the occurrence of some specified event, where the jobseeker is employed by a client.
"Temporary help service firm" means any person who operates a business which consists of employing individuals directly or indirectly for the purpose of assigning the employed individuals to assist the firm's customers in the handling of the customers' temporary, excess or special work loads, and who, in addition to the payment of wages or salaries to the employed individuals while on assignment, pays or is required to pay Federal social security taxes and State and Federal unemployment insurance; carries or is required to carry worker's compensation insurance as required by State law; and sustains responsibility for the actions of the employed individuals while they render services to the firm's customers. This definition applies to "temporary help service firm" as the term is used in both 34:8-43 et seq. and 56:8-1.1.