reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 62 - PUBLIC WORKS CONTRACTOR REGISTRATION › Subchapter 2 - PUBLIC WORKS CONTRACTOR REGISTRATION › Section 12:62-2.6 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the Department shall find cause to deny, suspend or revoke a certificate of registration, to require the posting of a surety bond pursuant to 12:62-2.4(d), or to impose an administrative penalty pursuant to 12:62-2.5, it shall notify the registrant or applicant of the reasons therefor, in writing, and provide opportunity for a hearing in accordance with the Administrative Procedure Act, 52:14B-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(b) All requests for hearing shall be filed within 10 business days from the date of receipt of the notice. The Commissioner or his or her designee shall issue the final decision in accordance with the applicable provisions of the Administrative Procedure Act and the Uniform Administrative Procedure Rules.
1. All requests for hearing shall be in writing and shall be directed to the following address:
NJ Department of Labor and Workforce Development
Division of Wage and Hour Compliance
PO Box 389
3rd Floor
Trenton, NJ 08625-0389
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 63 - NOTIFICATION CONCERNING HEALTH BENEFITS PLANS › Subchapter 1 - GENERAL PROVISIONS › Section 12:63-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to ensure that employees receive adequate notification from their employers of changes to or termination of employer-sponsored health benefits plans.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 63 - NOTIFICATION CONCERNING HEALTH BENEFITS PLANS › Subchapter 1 - GENERAL PROVISIONS › Section 12:63-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall apply to employers and employees as those terms are defined within 12:63-1.3.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 63 - NOTIFICATION CONCERNING HEALTH BENEFITS PLANS › Subchapter 1 - GENERAL PROVISIONS › Section 12:63-1.3 - 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.
"Carrier" or "health insurer" means any entity subject to the insurance laws and regulations of this State, or subject to the jurisdiction of the Commissioner of Banking and Insurance, that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including an insurance company authorized to issue health insurance, a health maintenance organization, a hospital service corporation, medical service corporation and health service corporation, or any other entity providing a plan of health insurance, health benefits or health services. The term "carrier" or "health insurer" shall not include a joint insurance fund established pursuant to State law.
"Change" means any modification to a health benefits plan, including any modification to the level of benefits within an existing health benefits plan, whether that modification results in an increase or diminution in the level of benefits, or a change in the identity of the carrier or health insurer, whether that change in carrier or health insurer results in an increase, diminution or zero-net-effect in the level of benefits.
"Commissioner" means the Commissioner of the New Jersey Department of Labor and Workforce Development or his or her designee.
"Compliance Officer" means the person authorized by the Commissioner of the New Jersey Department of Labor and Workforce Development to conduct investigations under this chapter.
"Employee" means any person suffered or permitted to work by an employer.
"Employer" means any individual, partnership, association, joint-stock company, trust, corporation, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor of the same, employing any person in this State. For the purposes 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.
"Establishment" means a single physical location where business is conducted or where services or operations are performed, such as a regional office, area office, installation or facility.
"Field site" means a physical location where an employer performs services or operations, but does not maintain an office or facility.
"Health benefits plan" means a health benefits plan as defined in 26:2S-2.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 63 - NOTIFICATION CONCERNING HEALTH BENEFITS PLANS › Subchapter 2 - EMPLOYER RESPONSIBILITIES › Section 12:63-2.1 - Notice of health benefits plan termination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where an employer who provides a health benefits plan to its employees in this State is terminating the health benefits plan, the employer shall provide notice of the plan termination to all employees covered by the health benefits plan at least 30 calendar days prior to the date upon which coverage under the health benefits plan is scheduled to cease.
(b) Notice under (a) above shall:
1. Be in writing;
2. Include the effective date of the plan termination; and
3. Provide the name and contact information of an individual to whom the employee may direct questions pertaining to statutory rights to continuation of coverage.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 63 - NOTIFICATION CONCERNING HEALTH BENEFITS PLANS › Subchapter 2 - EMPLOYER RESPONSIBILITIES › Section 12:63-2.2 - Notice of health benefits plan change

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where an employer who provides a health benefits plan to its employees in this State is changing the health benefits plan, the employer shall provide notice of the plan change to all employees covered by the health benefits plan on or before the end of the first scheduled work day following receipt by the employer of notification from the health insurer that its employees will be covered by the new plan.
(b) Notice under (a) above shall:
1. Be in writing;
2. Include the effective date of the plan change;
3. Include a description of the plan change;
4. Include the name of the new health insurer, if any; and
5. Provide the name and contact information of an individual to whom the employee may direct questions regarding administration or management of the changed health benefits plan.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 63 - NOTIFICATION CONCERNING HEALTH BENEFITS PLANS › Subchapter 3 - INVESTIGATIONS › Section 12:63-3.1 - Right to enter and investigate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Compliance Officer shall enter without delay and at reasonable times any establishment or field site of any employer where work is performed by an employee if there is reason to believe that a violation of this chapter has occurred or is occurring and to conduct such investigations as the Compliance Officer shall deem to be necessary.
(b) Employers shall permit the Compliance Officer to question privately any employee or managerial executive and review all records relating to the requirements in N.J.A.C. 12:63-2.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 63 - NOTIFICATION CONCERNING HEALTH BENEFITS PLANS › Subchapter 4 - PENALTIES AND HEARINGS › Section 12:63-4.1 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any violations of any of the provisions of this chapter shall be punishable by a monetary penalty in the following amounts:
1. First violation - Not more than $200.00 per employee covered by the health benefits plan; and
2. Second and subsequent violations - $200.00 per employee covered by the health benefits plan.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 63 - NOTIFICATION CONCERNING HEALTH BENEFITS PLANS › Subchapter 4 - PENALTIES AND HEARINGS › Section 12:63-4.2 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No penalty shall be levied pursuant to 12:63-4.1 unless the alleged violator is provided with:
1. Notification of the violation;
2. Notification of the amount of the penalty to be imposed; and
3. An opportunity to request a formal hearing.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 64 - PREVAILING WAGES FOR BUILDING SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 12:64-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to establish prevailing wage levels for workers employed or engaged by contractors furnishing building services for any property or premises owned or leased by the State in order to safeguard the efficiency and general well-being of those workers and to protect them and the contractors for whom they work from the effects of serious and unfair competition, which is based on low wage levels that are detrimental to efficiency and well-being.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 64 - PREVAILING WAGES FOR BUILDING SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 12:64-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter shall apply to contractors who have contracted with the State to furnish building services for any property or premises owned or leased by the State.
(b) This chapter shall apply to building services workers who are employed or engaged by contractors who have contracted with the State to furnish building services for any property or premises owned or leased by the State.
(c) This chapter shall apply to contracts to furnish building services for any property or premises owned or leased by the State that are entered into or renewed by the State on or after March 13, 2006.
(d) This chapter shall not apply to contracts to furnish building services for any property or premises owned or leased by the State that were entered into prior to March 13, 2006 and extended on or after March 13, 2006.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 64 - PREVAILING WAGES FOR BUILDING SERVICES › Subchapter 2 - CONTRACTOR AND CONTRACTING STATE AGENCY RESPONSIBILITIES › Section 12:64-2.1 - Contract provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The contractor and the contracting State agency shall ensure that each contract entered into between a contractor and a contracting State agency to furnish building services for any property or premises owned or leased by the State shall contain the following provisions:
1. A provision setting forth the prevailing wages for building services that are applicable to the workers employed or engaged in the performance of the contract;
2. A provision stating that the workers employed or engaged in the performance of the contract shall be paid not less than the applicable prevailing wages for building services, as set forth in the contract;
3. A provision requiring annual adjustments to the prevailing wages for building services set forth in the contract; and
4. A provision stating that if any worker employed or engaged by the contractor to furnish building services under the contract has been paid less than the prevailing wages for building services set forth in the contract, the State Treasurer may terminate the contractor's right to proceed with the work and the contractor and its sureties shall be liable to the State for any excess costs occasioned by the termination.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 64 - PREVAILING WAGES FOR BUILDING SERVICES › Subchapter 2 - CONTRACTOR AND CONTRACTING STATE AGENCY RESPONSIBILITIES › Section 12:64-2.2 - Multiple classes of work

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where, during a given workweek, a worker performs work in multiple job classifications and two or more "prevailing wages for building services" are applicable to the separate classes of work performed, the contractor must pay the worker the highest of such "prevailing wages for building services" for all hours worked in the workweek, unless the contractor's records clearly delineate which hours of work for the given worker in the given workweek were spent engaged in each separate class of work.
(b) Where a worker is employed or engaged for a portion of a given workweek in work not subject to the Act, which work would otherwise be compensated at a rate lower than the "prevailing wage for building services" to which a worker is entitled for covered work performed during the workweek, the contractor must pay the worker the higher "prevailing wage for building services" for all work performed during the workweek, including work not subject to the Act, unless the contractor's records clearly delineate which hours of work for the given worker in the given workweek were spent engaged in covered work and which hours were spent engaged in work not subject to the Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 64 - PREVAILING WAGES FOR BUILDING SERVICES › Subchapter 2 - CONTRACTOR AND CONTRACTING STATE AGENCY RESPONSIBILITIES › Section 12:64-2.3 - Collective bargaining rights

Current through Register Vol. 56, No. 14, July 15, 2024
Where a collective bargaining agreement has established a higher rate of compensation than the applicable "prevailing wage for building services," the affected worker or workers shall receive the higher rate of compensation set forth in the collective bargaining agreement.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 64 - PREVAILING WAGES FOR BUILDING SERVICES › Subchapter 2 - CONTRACTOR AND CONTRACTING STATE AGENCY RESPONSIBILITIES › Section 12:64-2.4 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each contractor shall keep an accurate payroll record for each worker performing building services pursuant to a State contract.
(b) Each contractor shall preserve the records maintained under (a) above for a period of two years from the date of payment of the monetary wages or fringe benefits.
(c) The records maintained under (a) above shall be open at all reasonable hours to inspection by the Commissioner and the Director of the Division of Purchase and Property within the Department of the Treasury.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 64 - PREVAILING WAGES FOR BUILDING SERVICES › Subchapter 3 - INSPECTIONS › Section 12:64-3.1 - Right to enter and inspect

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner shall have the authority to:
1. Inspect and copy books, registers, payrolls or other records that relate to or affect monetary wages, fringe benefits, hours and other conditions of work for building services workers;
2. Question, privately, any employee or managerial executive of the contractor, including building services workers, to determine whether they are aware of violations of the Act; and
3. Require contractors to submit written statements, including sworn statements, concerning monetary wages, fringe benefits, hours, names, addresses, and other information pertaining to the contractor's workers and their work as the Commissioner may deem necessary or appropriate.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 64 - PREVAILING WAGES FOR BUILDING SERVICES › Subchapter 4 - VIOLATIONS, PENALTIES AND FEES › Section 12:64-4.1 - Violations of the Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Violations of the Act shall occur when a contractor:
1. Willfully hinders or delays the Commissioner in the performance of the duties of the Commissioner in the enforcement of the Act;
2. Fails to make, keep and preserve any records as required under the provisions of the Act;
3. Falsifies any such record;
4. Refuses to make any such record accessible to the Commissioner upon demand;
5. Refuses to furnish a sworn statement of such record or any other information required for the proper enforcement of the Act to the Commissioner on demand;
6. Pays or agrees to pay monetary wages or fringe benefits at a rate less than the prevailing wage for building services applicable under the Act;
7. Requests, demands, or receives, either for himself or herself or any other person, either before or after a worker is employed or engaged in the performance of building services at a specified rate of wages, the following:
i. That such worker forego, pay back, return, donate, contribute or give any part, or all, of his or her monetary wages, fringe benefits, or thing of value, to any person upon the statement, representation or understanding that failure to comply with such request or demand will prevent such worker from procuring or retaining engagement or employment; or
8. Otherwise violates any provision of the Act or of any order issued under the Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 64 - PREVAILING WAGES FOR BUILDING SERVICES › Subchapter 4 - VIOLATIONS, PENALTIES AND FEES › Section 12:64-4.2 - Administrative penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As an alternative to or in addition to any other sanctions provided for in 12:64-4.1, when the Commissioner finds that a contractor has violated the Act, the Commissioner may assess and collect administrative penalties in the amounts that follow:
1. First violation -- not more than $ 250.00.
2. Second and subsequent violations -- not more than $ 500.00.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 64 - PREVAILING WAGES FOR BUILDING SERVICES › Subchapter 4 - VIOLATIONS, PENALTIES AND FEES › Section 12:64-4.3 - Administrative fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner may supervise the payment of amounts due to workers under the Act, and the contractor may be required to make these payments to the Commissioner to be held in a special account in trust for the worker, and paid on order of the Commissioner directly to the worker or workers affected.
(b) The contractor shall pay the Commissioner an administrative fee on all payments due to workers pursuant to 34:11-56.6 5.
(c) A schedule of the administrative fees is set forth in Table 4.3(c) below:
Table 4.3(c)
Schedule of Administrative Fees
1. First violation -- 10 percent of the amount of any payment made to the Commissioner pursuant to the Act.
2. Second violation -- 18 percent of the amount of any payment made to the Commissioner pursuant to the Act.
3. Third and subsequent violations -- 25 percent of the amount of any payment made to the Commissioner pursuant to the Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 64 - PREVAILING WAGES FOR BUILDING SERVICES › Subchapter 4 - VIOLATIONS, PENALTIES AND FEES › Section 12:64-4.4 - Interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Commissioner makes an award of back pay, he or she may also award interest in the following situations:
1. When a contractor has unreasonably delayed compliance with an order of the Commissioner to pay monetary wages or fringe benefits owed to a worker;
2. Where an equitable remedy is required in order to recover the loss of the present value of money retained by the contractor over an extensive period of time; or
3. Where the Commissioner finds sufficient cause based on the particular case.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 64 - PREVAILING WAGES FOR BUILDING SERVICES › Subchapter 4 - VIOLATIONS, PENALTIES AND FEES › Section 12:64-4.5 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No assessment of monetary wages, fringe benefits, fees or penalties shall be levied pursuant to this subchapter unless the Commissioner provides the alleged violator with written notification of the violation and the amount of the monetary wages, fringe benefits, fees and/or penalties, and an opportunity to request a formal hearing. A request for a formal hearing must be received within 15 business days following the receipt of the notice of assessment. All contested cases shall be heard pursuant to the Administrative Procedures Act, 52:14B-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. The filing of a request for a hearing regarding monetary wages, fringe benefits, fees or penalties shall not preclude the Commissioner from pursuing other remedies under the Act.
(b) All requests for a hearing shall be reviewed by the Office of Wage and Hour Compliance to determine if the dispute can be resolved at an informal settlement conference. If the review indicates that an informal settlement conference is warranted, such conference shall be scheduled. If a settlement cannot be reached or if the review indicates that no settlement conference is warranted, the case shall be forwarded to the Office of Administrative Law for a formal hearing.
(c) The Commissioner shall make the final decision of the Department.
(d) Appeals of the final decision of the Commissioner shall be made to the Appellate Division of the New Jersey Superior Court.
(e) If the contractor, or a designated representative thereof, fails to appear at a requested hearing, the Commissioner may, for good cause shown, reschedule a hearing.
(f) If the Commissioner does not authorize such a rescheduled hearing, then the Commissioner shall issue a final agency determination.
(g) Payment of the monetary wages, fringe benefits, fees and/or penalties is due when a final agency determination is issued.
(h) Upon final determination, the monetary wages, fringe benefits, fees and penalties may be recovered with costs in a summary proceeding commenced by the Commissioner.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 64 - PREVAILING WAGES FOR BUILDING SERVICES › Subchapter 4 - VIOLATIONS, PENALTIES AND FEES › Section 12:64-4.6 - Discharge or discrimination against worker making complaint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A contractor who discharges or in any other manner discriminates against any worker because such worker has made any complaint to the contractor, to the contracting State agency, the State Treasurer, or to the Commissioner that the worker has not been paid monetary wages or fringe benefits in accordance with the provisions of the Act, or because such worker has caused to be instituted, or is about to cause to be instituted, any proceeding under or related to the Act, or because such worker has testified or is about to testify in any such proceeding, shall be guilty of a disorderly persons offense and shall, upon conviction therefore, be fined not less than $ 100.00, nor more than $ 1,000.
(b) As an alternative to, or in addition to, any sanctions imposed under (a) above, the Commissioner may under 34:11-56.6 6 assess and collect administrative penalties as provided for in 12:64-4.2.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 65 - CONSTRUCTION INDUSTRY INDEPENDENT CONTRACTOR ACT RULES › Subchapter 1 - STOP-WORK ORDERS-N.J.S.A. 34:20-7 › Section 12:65-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to set forth both the standard and procedure for the issuance by the Commissioner of a stop-work order and the release of same under N.J.S.A. 34:20-7c through 7f.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 65 - CONSTRUCTION INDUSTRY INDEPENDENT CONTRACTOR ACT RULES › Subchapter 1 - STOP-WORK ORDERS-N.J.S.A. 34:20-7 › Section 12:65-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter shall apply to each "employer" as that term is defined in 12:65-1.3.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 65 - CONSTRUCTION INDUSTRY INDEPENDENT CONTRACTOR ACT RULES › Subchapter 1 - STOP-WORK ORDERS-N.J.S.A. 34:20-7 › Section 12:65-1.3 - 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:
"Act" means 34:20-1 et seq., the Construction Industry Independent Contractor Act.
"Commissioner" means the Commissioner of Labor and Workforce Development or his or her designee.
"Department" means the Department of Labor and Workforce Development.
"Employer" means an individual, partnership, association, joint stock company, trust, corporation, or other legal business entity or successor thereof who is primarily engaged in the business of, or enters into a contract for, making improvements to real property and includes any subcontractor or lower tier contractor.
"Employment relationship" or "employment" means "employment" as that term is defined within 34:20-4 (commonly referred to as "the ABC Test").
"Final order" means either a final administrative determination of the Commissioner issued following adjudication of a matter as a contested case pursuant to the Administrative Procedures Act, 52:14B-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, or where the Department has made a finding regarding a violation of law or rule and/or regarding the levying of a penalty pursuant to law or rule, has notified the violator of same and where the violator has either expressly waived the right to a hearing or has waived the right to a hearing by virtue of having failed to request same within the appropriate time limit established by either law or rule.
"Properly classify" means that with regard to an individual with whom an employer has an employment relationship the employer keeps records, pays wages, benefits, taxes and other contributions required by an employer relative to those with whom the employer has an employment relationship under 34:11-56.2 5 et seq. (the New Jersey Prevailing Wage Act), 43:21-1 et seq. (the Unemployment Compensation Law), 43:21-25 et seq. (the Temporary Disability Benefits Law), 54A:1-1 et seq. (the New Jersey Gross Income Tax Act), and 34:11-4.1 et seq. (New Jersey Wage Payment law), or 34:11-56a et seq. (the New Jersey Wage and Hour Law).
"Violation of the provisions of the Act" means that a final order(s) has been issued by the Commissioner indicating that the employer has failed to properly classify an individual and, with regard to that individual, that the employer has failed to pay wages, benefits, taxes or other contributions required by 34:11-56.2 5 et seq. (the New Jersey Prevailing Wage Act), 43:21-1 et seq. (the Unemployment Compensation Law), 43:21-25 et seq. (the Temporary Disability Benefits Law), 54A:1-1 et seq. (the New Jersey Gross Income Tax Act), and 34:11-4.1 et seq. (New Jersey Wage Payment law), or 34:11-56a et seq. (the New Jersey Wage and Hour Law).
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 65 - CONSTRUCTION INDUSTRY INDEPENDENT CONTRACTOR ACT RULES › Subchapter 1 - STOP-WORK ORDERS-N.J.S.A. 34:20-7 › Section 12:65-1.4 - Stop-work order-second violation of the provisions of the Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a second violation of the provisions of the Act, the Commissioner shall, within 72 hours of the violation of the provisions of the Act, issue a stop-work order requiring the cessation of all business operations of the violator at every site at which the violation of the provisions of the Act occurred.
(b) The stop-work order under (a) above shall take effect when served upon the employer or, for a particular employer worksite, when served at that worksite.
(c) The stop-work order under (a) above shall remain in effect until the Commissioner issues an order releasing the stop-work order under 12:65-1.6.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 65 - CONSTRUCTION INDUSTRY INDEPENDENT CONTRACTOR ACT RULES › Subchapter 1 - STOP-WORK ORDERS-N.J.S.A. 34:20-7 › Section 12:65-1.5 - Stop-work order-third violation or subsequent violations of the provisions of the Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a third or subsequent violation of the provisions of the Act, the Commissioner shall, within 72 hours of the violation of the provisions of the Act, issue a stop-work order requiring the cessation of all business operations of the violator.
(b) The stop-work order in (a) above shall take effect when served upon the employer.
(c) The stop-work order in (a) above shall remain in effect until the Commissioner issues an order releasing the stop-work order under 12:65-1.6.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 65 - CONSTRUCTION INDUSTRY INDEPENDENT CONTRACTOR ACT RULES › Subchapter 1 - STOP-WORK ORDERS-N.J.S.A. 34:20-7 › Section 12:65-1.6 - Release of stop-work order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner shall issue an order releasing the stop-work order upon a showing by the employer against whom the stop-work order has been issued under either 12:65-1.4 or 1.5 that:
1. The employer against whom the stop-work order has been issued is properly classifying the individual(s); and
2. The employer against whom the stop-work order has been issued has paid any penalty assessed against it by the Department under the Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 65 - CONSTRUCTION INDUSTRY INDEPENDENT CONTRACTOR ACT RULES › Subchapter 1 - STOP-WORK ORDERS-N.J.S.A. 34:20-7 › Section 12:65-1.7 - Periodic reports-requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where the Commissioner has conditioned the release of a stop-work order upon the filing of periodic reports for a two-year probationary period under 12:65-1.6(b), the periodic report shall consist of the following, which shall be filed by the employer with the Division of Wage and Hour Compliance, within the Department, on a quarterly basis pursuant to the schedule set forth at 12:16-5.2(a):
1. A copy of the payroll records required to be kept by each employer under 12:16-2.1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 65 - CONSTRUCTION INDUSTRY INDEPENDENT CONTRACTOR ACT RULES › Subchapter 2 - STOP-WORK ORDERS-N.J.S.A. 34:20-7.1 › Section 12:65-2.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to set forth both the standard and procedure for the issuance by the Commissioner of a stop-work order and the release of same pursuant to N.J.S.A. 34:20-7.1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 65 - CONSTRUCTION INDUSTRY INDEPENDENT CONTRACTOR ACT RULES › Subchapter 2 - STOP-WORK ORDERS-N.J.S.A. 34:20-7.1 › Section 12:65-2.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter shall apply to each "employer," as that term is defined at N.J.S.A. 34:20-3.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 65 - CONSTRUCTION INDUSTRY INDEPENDENT CONTRACTOR ACT RULES › Subchapter 2 - STOP-WORK ORDERS-N.J.S.A. 34:20-7.1 › Section 12:65-2.3 - 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.
"Department" means the Department of Labor and Workforce Development.
"Director" means the Director of the Division of Wage and Hour Compliance, or his or her designee.
"Employer" means an individual, partnership, association, joint stock company, trust, corporation, or other legal business entity or successor thereof, who is primarily engaged in the business of, or enters into, a contract for making improvements to real property and includes any subcontractor or lower tier contractor.
"State wage, benefit, and tax laws" shall mean as that term is defined at N.J.S.A. 34:1A-1.11.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 65 - CONSTRUCTION INDUSTRY INDEPENDENT CONTRACTOR ACT RULES › Subchapter 2 - STOP-WORK ORDERS-N.J.S.A. 34:20-7.1 › Section 12:65-2.4 - Issuance of stop-work order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Commissioner determines, after either an initial determination resulting from an audit of a business or an investigation, pursuant to N.J.S.A. 34:20-7.1(a), that an employer is in violation of any State wage, benefit, and tax laws, including, but not limited, to a violation of N.J.S.A. 34:15-79, or has failed to meet obligations as provided at N.J.S.A. 43:21-7 or 14, or for a violation of N.J.S.A. 34:2-21.1 et seq., or N.J.S.A. 34:15C-1 et seq., the Commissioner may issue a stop-work order against the employer requiring cessation of all business operations of the employer at one or more worksites, or across all of the employer's worksites and places of business.
(b) The stop-work order issued pursuant to this subchapter may be issued only against the employer found to be in violation or in non-compliance.
(c) If a stop-work order has been issued against a subcontractor pursuant to this subchapter, the general contractor shall retain the right to terminate the subcontractor from the project.
(d) The stop-work order issued pursuant to this subchapter shall be effective when served upon the employer at the place of business or, for a particular employer worksite, when served at that worksite.
(e) The stop-work order issued pursuant to this subchapter shall remain in effect until the Commissioner issues an order releasing the stop-work order upon a finding that the employer has come into compliance and has paid any unpaid wages, contributions, taxes, penalties, and/or fees deemed to be satisfactory to the Commissioner, or after the Commissioner determines, at the conclusion of a hearing held pursuant to N.J.A.C. 12:65-2.5, that the employer did not commit the act on which the stop-work order was based.
(f) The stop-work order issued pursuant to this subchapter shall be effective against any successor entity engaged in the same or equivalent trade or activity that has one or more of the same principals or officers as the corporation, partnership, limited liability company, or sole proprietorship against which the stop-work order was issued.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 65 - CONSTRUCTION INDUSTRY INDEPENDENT CONTRACTOR ACT RULES › Subchapter 2 - STOP-WORK ORDERS-N.J.S.A. 34:20-7.1 › Section 12:65-2.5 - Hearing and appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employer who is subject to a stop-work order pursuant to this subchapter may request a hearing before the Director, in writing, within 72 hours of its receipt of the stop-work order.
(b) A request for a hearing pursuant to (a) above, shall not automatically stay the effect of the stopwork order issued pursuant to this subchapter.
(c) Within seven business days of receipt of the request for a hearing, the Director shall conduct a hearing allowing the employer to contest the issuance of the stop-work order.
(d) The Director shall permit the employer to present evidence at the hearing.
(e) The Director shall issue a written determination within five business days after conclusion of the hearing, either upholding or reversing the stop-work order issued pursuant to this subchapter, including the grounds on which the decision was made.
(f) If the employer disagrees with the determination of the Director, the employer may appeal that determination to the Commissioner, in writing, within 15 days of receipt of the Director's written determination pursuant to (e) above.
(g) If the employer fails to request a hearing pursuant to this section, the stop-work order issued pursuant to this subchapter becomes a final order after expiration of the 72-hour period to request a hearing and may only be released upon a finding by the Commissioner that the employer has come into compliance and has paid any unpaid wages, contributions, taxes, penalties, and/or fees deemed to be satisfactory to the Commissioner.
(h) If a written determination is issued by the Director pursuant to (e) above, upholding the stopwork order issued pursuant to this subchapter, and the employer fails to appeal that determination pursuant to (f) above, the stop-work order issued pursuant to this subchapter becomes a final order after expiration of the 15-day period to file an appeal and may only be released upon a finding by the Commissioner that the employer has come into compliance and has paid any unpaid wages, contributions, taxes, penalties, and/or fees deemed to be satisfactory to the Commissioner.
(i) All appeal hearings before the Commissioner pursuant to (f) above, shall be conducted in accordance with the Administrative Procedures Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedures Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 66 - PREVAILING WAGES AND SAFETY TRAINING FOR CONSTRUCTION WORK ON PUBLIC UTILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 12:66-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to establish prevailing wage levels for workers employed by any contractor engaged in construction work on a public utility.
(b) This chapter also establishes that any contractor referred to in (a) above shall employ, on the site, only individuals who have successfully completed any Occupational Safety and Health Act (OSHA)-certified safety training required for work to be performed on that site.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 66 - PREVAILING WAGES AND SAFETY TRAINING FOR CONSTRUCTION WORK ON PUBLIC UTILITIES › Subchapter 2 - CONTRACTOR AND PUBLIC UTILITY RESPONSIBILITIES › Section 12:66-2.1 - Contract provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The contractor and the public utility shall ensure that each contract entered into between a contactor and a public utility for construction work on a public utility shall contain the following provisions:
1. A provision setting forth the prevailing wages that are applicable to the workers employed in the performance of the contract;
2. A provision stating that the workers employed in the performance of the contract shall be paid not less than the applicable prevailing wages, as set forth in the contract; and
3. A provision stating that the contractor will employ on the work-site(s) only individuals who have successfully completed all OSHA-certified safety training, if any, required by either the Federal Occupational Safety and Health Administration, the public utility or the contractor, as a prerequisite for the particular work to be performed on the given work-site(s).
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 66 - PREVAILING WAGES AND SAFETY TRAINING FOR CONSTRUCTION WORK ON PUBLIC UTILITIES › Subchapter 2 - CONTRACTOR AND PUBLIC UTILITY RESPONSIBILITIES › Section 12:66-2.2 - Multiple classes of work

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where, during a given workweek, a worker performs work in multiple job classifications and two or more prevailing wages are applicable to the separate classes of work performed, the contractor must pay the worker the highest of such prevailing wages for all hours worked in the workweek, unless the contractor's records clearly delineate which hours of work for the given worker in the given workweek were spent engaged in each separate class of work.
(b) Where a worker is employed for a portion of a given workweek in work not subject to the Act, which work would otherwise be compensated at a rate lower than the prevailing wage to which a worker is entitled for covered work performed during the workweek, the contractor must pay the worker the higher prevailing wage for all work performed during the workweek, including work not subject to the Act, unless the contractor's records clearly delineate which hours of work for the given worker in the given workweek were spent engaged in covered work and which hours were spent engaged in work not subject to the Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 66 - PREVAILING WAGES AND SAFETY TRAINING FOR CONSTRUCTION WORK ON PUBLIC UTILITIES › Subchapter 2 - CONTRACTOR AND PUBLIC UTILITY RESPONSIBILITIES › Section 12:66-2.3 - Collective bargaining rights

Current through Register Vol. 56, No. 14, July 15, 2024
Where a collective bargaining agreement has established a higher rate of compensation than the applicable prevailing wage, the affected worker or workers shall receive the higher rate of compensation set forth in the collective bargaining agreement.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 66 - PREVAILING WAGES AND SAFETY TRAINING FOR CONSTRUCTION WORK ON PUBLIC UTILITIES › Subchapter 2 - CONTRACTOR AND PUBLIC UTILITY RESPONSIBILITIES › Section 12:66-2.4 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each contractor shall keep an accurate payroll record for each worker performing construction work on a public utility.
(b) Each contractor shall preserve the records maintained under (a) above for a period of two years from the date of payment of the wages.
(c) The records maintained under (a) above shall be open at all reasonable hours to inspection by the Commissioner.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 66 - PREVAILING WAGES AND SAFETY TRAINING FOR CONSTRUCTION WORK ON PUBLIC UTILITIES › Subchapter 3 - INSPECTIONS › Section 12:66-3.1 - Right to enter and inspect

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner shall have the authority to:
1. Inspect and copy books, registers, payrolls or other records that relate to or affect wages, hours and other conditions of work for workers who perform construction work on a public utility;
2. Question privately, any employee or managerial executive of the contractor, including workers who perform construction work on a public utility, to determine whether they are aware of violations of the Act; and
3. Require contractors to submit written statements, including sworn statements, concerning wages, hours, names, addresses and other information pertaining to the contractor's workers and their work as the Commissioner may deem necessary or appropriate.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 66 - PREVAILING WAGES AND SAFETY TRAINING FOR CONSTRUCTION WORK ON PUBLIC UTILITIES › Subchapter 4 - VIOLATIONS, PENALTIES AND FEES › Section 12:66-4.1 - Violations of the Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Violations of the Act shall occur when a contractor:
1. Willfully hinders or delays the Commissioner in the performance of his or her duties in the enforcement of the Act;
2. Fails to make, keep and preserve any records as required under the provisions of the Act;
3. Falsifies any such record;
4. Refuses to make any such record accessible to the Commissioner upon demand;
5. Refuses to furnish a sworn statement of such record or any other information required for the proper enforcement of the Act to the Commissioner on demand;
6. Pays or agrees to pay wages at a rate less than the prevailing wage applicable under the Act;
7. Requests, demands or receives, either for himself, herself or any other person, either before or after a worker is employed in the performance of construction work on a public utility at a specified rate of wages that such worker forego, pay back, return, donate, contribute or give any part, or all, of his or her wages or thing of value to any person upon the statement, representation or understanding that failure to comply with such request or demand will prevent such worker from procuring or retaining employment; or
8. Otherwise violates any provision of the Act or of any order issued under the Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 66 - PREVAILING WAGES AND SAFETY TRAINING FOR CONSTRUCTION WORK ON PUBLIC UTILITIES › Subchapter 4 - VIOLATIONS, PENALTIES AND FEES › Section 12:66-4.2 - Administrative penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As an alternative to or in addition to any other sanctions provided for in 12:66-4.1, when the Commissioner finds that a contractor has violated the Act, the Commissioner may assess and collect administrative penalties in the amounts that follow:
1. First violation--not more than $ 2,500.
2. Second violation and subsequent violations--not more than $ 5,000.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 66 - PREVAILING WAGES AND SAFETY TRAINING FOR CONSTRUCTION WORK ON PUBLIC UTILITIES › Subchapter 4 - VIOLATIONS, PENALTIES AND FEES › Section 12:66-4.3 - Administrative fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner may supervise the payment of amounts due to workers under the Act, and the contractor may be required to make these payments to the Commissioner to be held in a special account in trust for the worker, and paid on order of the Commissioner directly to the worker or workers affected.
(b) The contractor shall pay the Commissioner an administrative fee on all payments due to workers pursuant to the Act.
(c) A schedule of the administrative fees is set forth in Table 4.3(c) below:
Table 4.3(c)
Schedule of Administrative Fees
1. First violation--10 percent of the amount of any payment to the Commissioner pursuant to the Act.
2. Second violation--18 percent of the amount of any payment made to the Commissioner pursuant to the Act.
3. Third and subsequent violations--25 percent of the amount of any payment made to the Commissioner pursuant to the Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 66 - PREVAILING WAGES AND SAFETY TRAINING FOR CONSTRUCTION WORK ON PUBLIC UTILITIES › Subchapter 4 - VIOLATIONS, PENALTIES AND FEES › Section 12:66-4.4 - Interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Commissioner makes an award of back pay, he or she may also award interest in the following situations:
1. When a contractor has unreasonably delayed compliance with an order of the Commissioner to pay wages owed to a worker;
2. Where an equitable remedy is required in order to recover the loss of the present value of money retained by the contractor over an extensive period of time; or
3. Where the Commissioner finds sufficient cause based on the particular case.