reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 55 - WAGE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS; VIOLATIONS; FEES AND PENALTIES; HEARINGS › Section 12:55-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
"Act" means 34:11-4.1 et seq., an act regarding the payment of wages.
"Check-deposit-return fee" means a charge which results from a payroll check having been returned due to insufficient or uncollected funds.
"Commissioner" means the Commissioner of Labor and Workforce Development or his or her designee.
"Direct deposit" means payment of the wages of an employee by causing the amount of such employee's wages to be deposited in an account or accounts maintained in a financial institution or financial institutions in the name of the employee.
"Employee" means any person suffered or permitted to work by an employer, except that independent contractors and subcontractors shall not be considered employees.
"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 any of the same, employing any person in this State. For the purposes of the Act and 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.
"Financial institution" means any State-chartered or Federally-chartered institution authorized to accept deposits in New Jersey.
"Mass transportation" means railroads operated by steam, electricity or other power, rapid transit lines and ferries, buses or other vehicles which possess a certificate of public convenience and necessity issued by the New Jersey Department of Transportation.
"Payroll debit card" means a magnetically encoded card issued by a financial institution, which provides an employee with the means of obtaining the full amount of all wages earned in a pay period in a form that is equivalent to payment in lawful money of the United States, payment by check or payment by direct deposit.
"Wages" means the direct monetary compensation for labor or services rendered by an employee, where the amount is determined on a time, task, piece, or commission basis excluding any form of supplementary incentives and bonuses which are calculated independently of regular wages and paid in addition thereto.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 55 - WAGE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS; VIOLATIONS; FEES AND PENALTIES; HEARINGS › Section 12:55-1.3 - Powers of the Commissioner

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner shall enforce and administer the provisions of the Act and the Commissioner or his or her authorized representatives are empowered to investigate charges of violations of the Act.
(b) The Commissioner or his or her authorized representatives are empowered to enter and inspect such places, question such employees and investigate such facts, conditions or matters as they may deem appropriate to determine whether any person has violated any provision of the Act or this chapter or which may aid in the enforcement of the provisions of the Act or this chapter.
(c) The Commissioner or his or her authorized representatives shall have power to administer oaths and examine witnesses under oath, issue subpoenas, compel the attendance of witnesses, and the production of papers, books, accounts, records, payrolls, documents, and testimony, and to take depositions and affidavits in any proceeding before the Commissioner.
(d) If a person fails to comply with any subpoena lawfully issued, or on the refusal of any witness to testify to any matter regarding which he or she may be lawfully interrogated, it shall be the duty of the Superior Court, on application by the Commissioner, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.
(e) The Commissioner is authorized to supervise the payment of amounts due to employees pursuant to Article 1 of chapter 11 of Title 34 of the Revised Statutes, and the employer may be required to make these payments to the Commissioner to be held in a special account in trust for the employees, and paid on order of the Commissioner directly to the employee or employees affected. The employer shall also pay the Commissioner an administrative fee equal to not less than 10 percent or more than 25 percent of any payment made to the Commissioner pursuant to this section. The amount of the administrative fee is specified in 12:55-1.5. The fee shall be applied to enforcement and administration costs of the Division of Workplace Standards in the Department of Labor.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 55 - WAGE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS; VIOLATIONS; FEES AND PENALTIES; HEARINGS › Section 12:55-1.4 - Violation; punishment

Current through Register Vol. 56, No. 14, July 15, 2024
Any employer who knowingly and willfully violates any provision of P.L. 1965, c.173 (34:11-4.1 et seq.) shall be guilty of a disorderly persons offense and, upon conviction for a violation, shall be punished by a fine of not less than $ 100.00 nor more than $ 1,000. Each day during which any violation of the Act continues shall constitute a separate and distinct offense.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 55 - WAGE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS; VIOLATIONS; FEES AND PENALTIES; HEARINGS › Section 12:55-1.5 - Administrative fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The employer shall pay the Commissioner an administrative fee on all payments of gross amounts due employees pursuant to 34:11-4.1 et seq.
(b) A schedule of fees is as follows:
1. First violation--10 percent of the amount due the employee;
2. Second violation--18 percent of the amount due the employee;
3. Third and subsequent violations--25 percent of the amount due the employee.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 55 - WAGE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS; VIOLATIONS; FEES AND PENALTIES; HEARINGS › Section 12:55-1.6 - Administrative penalty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As an alternative or in addition to any other sanctions provided for in 34:11-4.1 et seq. when the Commissioner finds that an employer has violated the Act, the Commissioner is authorized to assess and collect an administrative penalty in the amounts that follow:
1. First violation--not more than $ 250.00;
2. Second and subsequent violations--not less than $ 25.00 nor more than $ 500.00.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 55 - WAGE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS; VIOLATIONS; FEES AND PENALTIES; HEARINGS › Section 12:55-1.7 - 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 an employer has unreasonably delayed compliance with an order of the Commissioner to pay wages owed to an employee;
2. Where an equitable remedy is required in order to recover the loss of the present value of money retained by the employer 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 55 - WAGE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS; VIOLATIONS; FEES AND PENALTIES; HEARINGS › Section 12:55-1.8 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Commissioner assesses an administrative penalty under 12:55-1.6, the employer shall have the right to a hearing under (b) below.
(b) No administrative penalty shall be levied pursuant to this subchapter unless the Commissioner provides the alleged violator with notification by certified mail of the violation and the amount of the penalty and an opportunity to request a formal hearing. A request for formal hearing must be received within 15 working days following the receipt of the notice. All hearings 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.
(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) Recipients of an administrative penalty assessment may request the initiation of a settlement conference at the time that a hearing request is made.
(f) If the employer, or a designated representative of the employer, fails to appear at a requested hearing, the Commissioner or his or her designee may, for good cause shown, re-schedule a hearing.
(g) If the Commissioner or his or her designee does not authorize such a re-scheduled hearing, then the Commissioner shall issue a final agency determination effective upon the date set for the original hearing.
(h) Payment of the penalty is due when a final agency determination is issued.
(i) Upon final order the penalty imposed may be recovered with cost in a summary proceeding commenced by the Commissioner pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 55 - WAGE PAYMENTS › Subchapter 2 - PAYROLL DEDUCTIONS › Section 12:55-2.2 - Payroll deductions for mass transportation commuter tickets

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each employer may use a payroll deduction as a means of providing mass transportation commuter tickets only if the payroll deduction has been authorized by the employee in writing or in a collective bargaining agreement.
(b) Each employer that uses a payroll deduction as set forth in (a) above shall make this method of payment for mass transportation commuter tickets available to all of its employees.
(c) When an employer provides transportation to a work site, the employer may deduct the actual cost, exclusive of profit to the employer, of such transportation, provided such deduction is in accordance with (a) above.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 55 - WAGE PAYMENTS › Subchapter 2 - PAYROLL DEDUCTIONS › Section 12:55-2.3 - Voluntary wage deduction for repayment of financial obligations to the State of New Jersey

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each employer may institute a system whereunder a portion of an employee's salary is withheld as an installment payment against any financial obligation by that employee to the State of New Jersey.
(b) Any employer who institutes such a repayment plan pursuant to (a) above shall withhold on a periodic basis from an employee's salary only such an amount as that employee shall have expressly authorized in writing.
(c) Any employer who withholds any sum from an employee's salary for repayment of a financial obligation by the employee to the State shall forthwith pay the amount of such withheld salary to the appropriate State officer or agent to whom such obligation is made payable.
(d) Nothing in this section shall be construed as mandating participation by an employer or employee in such an installment repayment program.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 55 - WAGE PAYMENTS › Subchapter 2 - PAYROLL DEDUCTIONS › Section 12:55-2.4 - Time and mode of payment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All final payment of wages following the termination or voluntary leaving of employment shall be completed within 10 days from the end of the work period for which such wages are earned, in compliance with 34:11-4.2.
(b) When any employee is suspended as a result of a labor dispute and such labor dispute involves those employees who make up payrolls, the employer may have an additional 10 days in which to pay such wages.
(c) The employer shall:
1. Pay the employee on the regular scheduled pay date; or
2. Mail such payment of wages to the last known address of the employee.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 55 - WAGE PAYMENTS › Subchapter 2 - PAYROLL DEDUCTIONS › Section 12:55-2.5 - Withholding of income tax for foreign jurisdictions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this section, a foreign jurisdiction means a sister state or any municipality or other subdivision of a sister state which imposes a tax on the income or wages of nonresidents employed in New Jersey.
(b) Each New Jersey employer who employs nonresidents may, for each pay period, deduct and withhold an amount, computed in accordance with (d) below, from the salary or wages of an employee whose salary or wages are subject to the income or wage tax of a foreign jurisdiction, for the purpose of crediting such amount on account of the income or wage tax due or to become due from the employee to the foreign jurisdiction.
(c) An employer shall not deduct and withhold an employee's salary or wages under (b) above unless it has obtained the expressed written authorization of the employee.
(d) The amount of the employee's salary or wages deducted and withheld shall be computed in such a manner as to result in withholding from the employee's salary or wages, during each calendar year, an amount substantially equivalent to the tax reasonably estimated to be or become due from such employee to the foreign jurisdiction as taxes upon his or her salary or wages received from the employer during the calendar year.
(e) The employer shall hold the amounts deducted and withheld in a trust fund for payment to the foreign jurisdiction.
(f) The employer shall furnish to the foreign jurisdiction a statement of the name, place of residence, amount of salary or wages earned by, and amount of salary or wages so deducted or withheld from the employee.
(g) Nothing in this section shall eliminate, reduce or replace an employer's wage reporting and recordkeeping requirements under N.J.S.A. 34:11-1 et seq. and 12:56-4.1, or an employer's gross income tax withholding requirements under 54A:7-1 et seq. and 18:35-1.1 0 for an employee who authorizes the employer to withhold the income or wage tax of a foreign jurisdiction.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 55 - WAGE PAYMENTS › Subchapter 3 - PRE-TAX TRANSPORTATION FRINGE BENEFIT › Section 12:55-3.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to establish standards and procedures for affected employers to provide a pre-tax transportation fringe benefit to its employees, as required by P. L. 2019, c. 38.
(b) The provisions of this subchapter shall be applicable to all affected employers.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 55 - WAGE PAYMENTS › Subchapter 3 - PRE-TAX TRANSPORTATION FRINGE BENEFIT › Section 12:55-3.2 - 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.
"Act" means P.L. 2019, c. 38.
"Affected employer" means an "employer," as that term is defined at N.J.S.A. 43:21-19(h), provided that the employer employs 20 or more employees, whether employed in New Jersey or not, for each working day during each of 20 or more calendar workweeks in the then-current or immediately preceding calendar year.
"Cure period" means the 90-day period immediately following receipt by the employer of the notice under N.J.A.C. 12:55-3.7(b)indicating a finding of a first violation.
"Employee" means an individual who is in "employment," as that term is defined at N.J.S.A. 43:21-19(i). N.J.S.A. 43:21-19(i)(2) indicates that "employment" shall include an individual's entire service performed within, or both within and without, New Jersey if:
1. The service is localized in New Jersey; or
2. The service is not localized in any state but some of the service is performed in New Jersey and:
(i) The base of operations, or, if there is no base of operations, then the place from which such service is directed or controlled, is in New Jersey; or
(ii) The base of operations or place from which such service is directed and controlled is not in any state in which some part of the service is performed, but the individual's residence is in New Jersey. N.J.S.A. 43:21-19(i)(5) defines the phrase "localized in New Jersey."
"Pre-tax transportation fringe benefit" means a pre-tax election transportation fringe benefit that provides commuter highway vehicle and transit benefits, consistent with the provisions and limits of 26 U.S.C. §
										132(f)(1) at the maximum benefit levels allowable under Federal law, to be deducted for those programs from an employee's gross income pursuant to 26 U.S.C. §
										132(f)(2).
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 55 - WAGE PAYMENTS › Subchapter 3 - PRE-TAX TRANSPORTATION FRINGE BENEFIT › Section 12:55-3.3 - Pre-tax transportation fringe benefit requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as set forth in (b) below, an affected employer shall offer to all of its employees the opportunity to utilize pre-tax earnings (gross income) to purchase a pre-tax transportation fringe benefit.
(b) An affected employer shall not be required to offer the opportunity to utilize pre-tax earnings (gross income) to purchase a pre-tax transportation fringe benefit under the following circumstances to an employee:
1. Who is covered by a collective bargaining agreement in effect on March 1, 2019, until the expiration of that collective bargaining agreement; or
2. Of the Federal government, provided that the employee is eligible for a transit benefit through his or her employment with the Federal government that is equal to or greater than a pre-tax transportation fringe benefit.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 55 - WAGE PAYMENTS › Subchapter 3 - PRE-TAX TRANSPORTATION FRINGE BENEFIT › Section 12:55-3.4 - Payroll deduction

Current through Register Vol. 56, No. 14, July 15, 2024
An affected employer may use a payroll deduction as a means of providing a pre-tax transportation fringe benefit, provided that the payroll deduction has been authorized by the employee in writing or is included in a collective bargaining agreement.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 55 - WAGE PAYMENTS › Subchapter 3 - PRE-TAX TRANSPORTATION FRINGE BENEFIT › Section 12:55-3.5 - Recordkeeping requirement

Current through Register Vol. 56, No. 14, July 15, 2024
Each affected employer shall for six years retain records sufficient to demonstrate that each employee eligible for a pre-tax transportation fringe benefit under the Act and this subchapter was offered the opportunity to use pre-tax earnings (gross income) to purchase a pre-tax transportation fringe benefit.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 55 - WAGE PAYMENTS › Subchapter 3 - PRE-TAX TRANSPORTATION FRINGE BENEFIT › Section 12:55-3.6 - Violations and penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An affected employer found to be in violation of the Act or this subchapter, shall be assessed by the Commissioner an administrative penalty in the amounts that follow:
1. First violation--not less than $ 100.00 and not more than $ 250.00;
2. Second and subsequent violations -- $ 250.00.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 55 - WAGE PAYMENTS › Subchapter 3 - PRE-TAX TRANSPORTATION FRINGE BENEFIT › Section 12:55-3.7 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Commissioner assesses an administrative penalty under N.J.A.C. 12:55-3.6, the employer shall have the right to a hearing under (b) below.
(b) No administrative penalty 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 penalty and an opportunity to request a formal hearing.
(c) A request for formal hearing under (b) above must be received by the Department within 15 business days following receipt of the notice.
(d) All hearings shall be conducted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedures Rules, N.J. A.C. 1:1.
(e) All requests for hearings will be reviewed by the Division of Wage and Hour Compliance to determine if the dispute could be resolvable at an informal conference. If the review indicates that an informal settlement conference is warranted, such conference will be scheduled. If a settlement cannot be reached, the case will be forwarded to the Office of Administrative Law for a formal hearing.
(f) The Commissioner shall make the final decision of the Department.
(g) Appeals of the final decision of the Commissioner shall be made to the Appellate Division of the New Jersey Superior Court.
(h) Upon issuance of a final decision, the penalty imposed under this section may be recovered with costs and, if applicable, interest charges, in a summary proceeding pursuant to the Penalty Enforcement law, N.J.S.A. 2A:58-10et seq.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 1 - GENERAL PROVISIONS › Section 12:56-1.1 - Purpose; scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to establish rules to effectuate 34:11-56a et seq., the New Jersey State Wage and Hour Law (Act), to provide sanctions for noncompliance, and to protect established wage rates.
(b) The chapter is applicable to:
1. Wages and hours subject to the Act; and
2. Wages paid to an employee for services rendered.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 1 - GENERAL PROVISIONS › Section 12:56-1.2 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A violation of the Act shall occur when an employer:
1. Willfully hinders or delays the Commissioner in the performance of the duties of the Commissioner in the enforcement of this chapter;
2. Fails to make, keep and preserve any records as required under the provisions of this chapter;
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 this chapter to the Commissioner upon demand;
6. Pays or agrees to pay wages at a rate less than the rate applicable under this chapter or any wage order issued pursuant thereto;
7. Requests, demands, or receives, either for himself, herself or any other person, either before or after a worker is engaged in public or private work 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 wages, salary 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 this chapter or of any order issued under this chapter.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 1 - GENERAL PROVISIONS › Section 12:56-1.3 - 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 12:56-1.2 under N.J.S.A. 34:11-56 et seq. when the Commissioner of Labor and Workforce Development finds that an employer has violated that Act, the Commissioner is authorized to assess and collect an administrative penalty in the amounts that follow:
1. First violation--not more than $ 250.00;
2. Second and subsequent violation--not less than $ 25.00 nor more than $ 500.00.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 1 - GENERAL PROVISIONS › Section 12:56-1.4 - Administrative fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner is authorized to supervise the payment of amounts due to employees under this chapter, and the employer may be required to make these payments to the Commissioner to be held in a special account in trust for the employee, and paid on order of the Commissioner to the employee or employees affected.
(b) The employer shall also pay the Commissioner an administrative fee on all payments of gross amounts due to employees pursuant to Articles 1 and 2 of Chapter II of Title 34 of the revised statutes.
(c) A schedule of the administrative fees is set forth in Table 1.4(c) below.
Table 1.4(c)
Schedule of Administrative Fees
1. First Violation--10 percent of amount of any payment made to the Commissioner pursuant to this chapter.
2. Second Violation--18 percent of amount of any payment made to the Commissioner pursuant to this chapter.
3. Third and Subsequent Violations--25 percent of amount of any payment made to the Commissioner pursuant to this chapter.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 1 - GENERAL PROVISIONS › Section 12:56-1.5 - 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 an employer has unreasonably delayed compliance with an order of the Commissioner to pay wages owed to an employee;
2. Where an equitable remedy is required in order to recover the loss of the present value of money retained by the employer 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 56 - WAGE AND HOUR › Subchapter 1 - GENERAL PROVISIONS › Section 12:56-1.6 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Commissioner assesses an administrative penalty under 12:56-1.3, the employer shall have the right to a hearing under (b) below.
(b) No administrative penalty shall be levied pursuant to this subchapter unless the Commissioner provides the alleged violator with notification by certified mail of the violation and the amount of the penalty and an opportunity to request a formal hearing. A request for formal hearing must be received within 15 business days following the receipt of the notice. All hearings shall be heard pursuant to the Administrative Procedures Act, 52:14B-1 et seq. and the Uniform Administrative Procedures Rules, N.J.A.C. 1:1.
(c) All requests for hearing will be reviewed by the Division of Wage and Hour Compliance to determine if the reason for dispute could be resolvable at an informal settlement conference. If the review indicates that an informal settlement conference is warranted, such conference will be scheduled. If a settlement cannot be reached, the case will be forwarded to the Office of Administrative Law for a formal hearing.
(d) The Commissioner shall make the final decision of the Department.
(e) Appeals of the final decision of the Commissioner shall be made to the Appellate Division of the New Jersey Superior Court.
(f) If the employer, or a designated representative of the employer, fails to appear at a requested hearing, the Commissioner or his or her designee may, for good cause shown, re-schedule a hearing.
(g) If the Commissioner or his or her designee does not authorize such a re-scheduled hearing, then the Commissioner shall issue a final agency determination effective upon the date set for the original hearing.
(h) Payment of the penalty is due when a final agency determination is issued.
(i) Upon final order the penalty imposed may be recovered with cost in a summary proceeding commenced by the Commissioner pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 1 - GENERAL PROVISIONS › Section 12:56-1.7 - Discharge or discrimination against employee making complaint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employer is a disorderly person, if he or she discharges or in any other manner discriminates against any employee because such employee has made any complaint to his or her employer or to the Commissioner that he or she has not been paid wages in accordance with the provisions of this chapter, or because such employee has caused to be instituted or is about to cause to be instituted any proceeding under or related to this chapter, or because such employee has testified or is about to testify in any such proceeding, or because such employee has served or is about to serve on a wage board, and shall be guilty of a disorderly persons offense and shall, upon conviction therefor, be fined not less than $ 100.00 nor more than $ 1,000. Such employer shall be required, as a condition of such judgment of conviction, to offer reinstatement in employment to any such discharged employee and to correct any such discriminatory action, and also to pay to any such employee in full, all wages lost as a result of such discharge or discriminatory action, under penalty of contempt proceedings for failure to comply with such requirement.
(b) As an alternative to, or in addition to, any sanctions imposed under (a) above, the Commissioner is authorized under 34:11-56a 24 to assess and collect administrative penalties as provided for in 12:56-1.3.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 3 - MINIMUM WAGE RATES › Section 12:56-3.1 - Statutory minimum wage rates for specific years; general

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided at N.J.A.C. 12:56-3.2, 3.3, 3.4, 3.5, and 3.7, every employee shall, effective January 1, 2024 , be paid not less than $ 15.13 per hour or the minimum wage rate set by section 6(a)(1) of the Federal Fair Labor Standards Act of 1938 (29 U.S.C. §
										206(a)(1), whichever is greater.
(b) For the period from January 1, 2020 through January 1, 2024, on an annual basis, on or about September 30, the Department shall, through a public notice published in the New Jersey Register, revise the minimum hourly wage set forth at (a) above, so as to be the greater of either an amount based on any percentage increase during the one-year period of August of the prior year through August of the current year of the consumer price index (CPI) for all urban wage earners and clerical workers (CPI-W, U.S. City Average), as released by the United States Department of Labor, Bureau of Labor Statistics, or the following:
1. For January 1, 2020, $ 11.00;
2. For January 1, 2021, $ 12.00;
3. For January 1, 2022, $ 13.00;
4. For January 1, 2023, $ 14.00; and
5. For January 1, 2024, $ 15.13.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 3 - MINIMUM WAGE RATES › Section 12:56-3.2 - Statutory minimum wage rate for specific years; small and seasonal employees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided at N.J.A.C. 12:56-3.3 and 3.4, every employee of a small employer and every employee who is engaged in seasonal employment shall, effective January 1, 2024 , be paid not less than $ 13.73 per hour or the minimum wage rate set by section 6(a)(1) of the Federal Fair Labor Standards Act of 1938, 29 U.S.C. §
										206(a)(1), whichever is greater.
(b) For the period from January 1, 2020 through January 1, 2026, on an annual basis, on or about September 30, the Department shall, through a public notice published in the New Jersey Register, revise the minimum hourly wage set forth at (a) above, so as to be the greater of either an amount based on any percentage increase during the one-year period of August of the prior year through August of the current year of the consumer price index (CPI) for all urban wage earners and clerical workers (CPI-W, U.S. City Average), as released by the United States Department of Labor, Bureau of Labor Statistics, or the following:
1. For January 1, 2020, $ 10.30;
2. For January 1, 2021, $ 11.10;
3. For January 1, 2022, $ 11.90;
4. For January 1, 2023, $ 12.70;
5. For January 1, 2024, $ 13.73;
6. For January 1, 2025, $ 14.53; and
7. For January 1, 2026, an amount equal to $ 0.70 more than the rate of the preceding year.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 3 - MINIMUM WAGE RATES › Section 12:56-3.3 - Statutory minimum wage rate for specific years; labor on a farm

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every employee engaged on a piece-rate or regular hourly rate basis to labor on a farm shall, effective January 1, 2024 , be paid not less than $ 12.81 per hour or the minimum wage rate set by section 6(a)(1) of the Federal Fair Labor Standards Act of 1938, 29 U.S.C. §
										206(a)(1), whichever is greater.
(b) For the period from January 1, 2020 through January 1, 2024, on an annual basis, on or about September 30, the Department shall, through a public notice in the New Jersey Register, revise the minimum hourly wage set forth at (a) above, so as to be the greater of either an amount based on any percentage increase during the one-year period of August of the prior year through August of the current year of the consumer price index (CPI) for all urban wage earners and clerical workers (CPI-W, U.S. City Average), as released by the United States Department of Labor, Bureau of Labor statistics, or the following:
1. For January 1, 2020, $ 10.30;
2. For January 1, 2021, $ 10.30;
3. For January 1, 2022, $ 10.90;
4. For January 1, 2023, $ 11.85; and
5. For January 1, 2024, $ 12.81.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 3 - MINIMUM WAGE RATES › Section 12:56-3.4 - Statutory minimum wage rate; training wage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Commencing on January 1, 2020, an employee enrolled in an established on-the-job or other training program may, for the first 120 hours of work after having been hired, be paid a training wage of not less than 90 percent of the minimum hourly wage specified at N.J.A.C. 12:56-3.1, provided the following conditions are met:
1. The employee has been hired in, and is receiving training for, an occupation in which the employee has no previous similar or related experience;
2. The employer is not utilizing the employee being paid the training wage in a manner that causes, induces, encourages, or assists any displacement or partial displacement of any currently employed worker, including any previous recipient of the training wage, by reducing hours of a currently employed worker, replacing a current or laid off employee with a trainee, or by relocating operations resulting in a loss of employment at a previous workplace, or in a manner that replaces, supplants, competes with, or duplicates any approved apprenticeship program;
3. The employer makes a good faith effort to continue to employ the employee after the period of the training wage expires; and
4. The employer shall not hire the employee at the training wage unless there is a reasonable expectation that there will be regular employment, paying at or above the effective minimum wage, for the trainee upon the successful completion of the period of the training wage.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 3 - MINIMUM WAGE RATES › Section 12:56-3.5 - Tipped employees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With respect to tipped employees, in determining the minimum hourly wage an employer is required to pay such an employee, only the employer who is paying its employee the minimum hourly wage set forth at N.J.A.C. 12:56-3.1may take a credit for tips received by the employee against that minimum hourly wage (set forth at N.J.A.C. 12:56-3.1) in the following amounts:
1. For January 1, 2019 through June 30, 2019, $ 6.72 per hour;
2. For July 1, 2019 through December 31, 2019, $ 7.37 per hour;
3. For calendar year 2020, $ 7.87 per hour;
4. For calendar year 2021, $ 7.87 per hour;
5. For calendar year 2022, $ 7.87 per hour;
6. For calendar year 2023, $ 8.87 per hour; and
7. Commencing January 1, 2024, $ 9.87 per hour.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 3 - MINIMUM WAGE RATES › Section 12:56-3.6 - Exemptions from the statutory minimum wage rates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Employees in the following occupations shall be exempt from the statutory minimum wage rates:
1. Full-time students employed by the college or university at which they are enrolled at not less than 85 percent of the effective applicable minimum wage rate;
2. Outside sales person;
3. Sales person of motor vehicles;
4. Part time employees primarily engaged in the care and tending of children in the home of the employer;
5. Minors under 18 years of age except as provided at N.J.A.C. 12:56-11, 13, and 14 , and 12:57, Wage Orders for Minors; and
6. At summer camps, conferences, and retreats operated by any nonprofit or religious corporation or association during the months of June, July, August, and September.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 3 - MINIMUM WAGE RATES › Section 12:56-3.7 - Statutory minimum wage rate; long-term care facility direct care staff members

Current through Register Vol. 56, No. 14, July 15, 2024
Commencing November 1, 2020, an employee who is a long-term care facility direct care staff member shall be paid a minimum hourly wage rate that is not less than $ 3.00 in excess of the minimum hourly wage specified at N.J.A.C. 12:56-3.1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 4 - RECORDS › Section 12:56-4.1 - Contents

Current through Register Vol. 56, No. 14, July 15, 2024
Every employer shall keep records which contain the name and address of each employee, the birth date if under the age of 18, the total hours worked each day and each workweek, earnings, including the regular hourly wage, gross to net amounts with itemized deductions, and the basis on which wages are paid.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 4 - RECORDS › Section 12:56-4.2 - Time keeping system

Current through Register Vol. 56, No. 14, July 15, 2024
The employer may use any system of time keeping containing the items specified in 12:56-4.1, provided it is a complete, true and accurate record.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 4 - RECORDS › Section 12:56-4.3 - Fixed working schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Many employees, particularly in offices, are on a fixed working schedule from which they seldom vary. In these instances, the employer may keep a record showing the exact schedule of daily and weekly work hours that the employee is expected to follow and merely indicate each workweek that the schedule was followed.
(b) When the employee works longer or shorter hours than the schedule indicates, the employer shall record the hours the employee actually worked.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 4 - RECORDS › Section 12:56-4.5 - Location; inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Records shall be kept at the place of employment or in a central office in New Jersey, except as provided in (b) below.
(b) In unusual circumstances where it is not feasible to keep records in New Jersey, exception from this provision may be obtained from the Commissioner.
(c) All records shall be open to inspection by the Commissioner at any reasonable time.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 4 - RECORDS › Section 12:56-4.6 - Employer gratuity records

Current through Register Vol. 56, No. 14, July 15, 2024
Supplementary to the provisions of any section of this chapter pertaining to the records to be kept with respect to employee, every employer of employees who receive gratuities shall also maintain and preserve payroll or other records containing the total gratuities received by each employee during the payroll week.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 4 - RECORDS › Section 12:56-4.7 - Employee gratuity reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Employees receiving gratuities shall report them either daily or weekly as required by the employer. The information in the report shall include:
1. The employee's name, address and social security number;
2. The name and address of the employer;
3. The calendar day or week covered by the report; and
4. The total amount of gratuities received.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 4 - RECORDS › Section 12:56-4.8 - Acceptable gratuity report form

Current through Register Vol. 56, No. 14, July 15, 2024
The United States Treasury Department, Internal Revenue Service, "Employee's Report on Tips" shall be acceptable in those instances where the report is made on a weekly basis or less.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 4 - RECORDS › Section 12:56-4.9 - Food or lodging records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Supplementary to the provisions of any section of this chapter pertaining to the records to be kept with respect to employees, every employer, who claims credit for food or lodging as a cash substitute for employees who receive food or lodgings supplied by the employer, shall maintain and preserve records substantiating the cost of furnishing such food or lodgings.
(b) Such records shall include the nature and amount of any expenditures entering into the computation of the fair value of the food or lodging and shall contain the date required to compute the amount of the depreciated investment in any assets allocable to the furnishing of the lodgings, including the date of acquisition or construction, the original cost, the rate of depreciation and the total amount of accumulated depreciation on such assets. No particular degree of itemization is prescribed. The amount of detail shall be sufficient to enable the Commissioner, assistant director or his or her authorized representative to verify the nature of the expenditure and amount by reference to the basic records which shall be preserved pursuant to this chapter.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 4 - RECORDS › Section 12:56-4.10 - Additions to wages

Current through Register Vol. 56, No. 14, July 15, 2024
If additions to wages paid so affect the total cash wages due in any workweek as to result in the employee receiving less in cash than the minimum hourly wage provided in the act or in any applicable wage order or if the employee works in excess of 40 hours a week the employer shall maintain records showing those additions to wages by reason of gratuities or food, or lodgings paid on a workweek basis.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 5 - HOURS WORKED › Section 12:56-5.2 - Computation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All the time the employee is required to be at his or her place of work or on duty shall be counted as hours worked.
(b) Nothing in this chapter requires an employer to pay an employee for hours the employee is not required to be at his or her place of work because of holidays, vacation, lunch hours, illness and similar reasons.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 5 - HOURS WORKED › Section 12:56-5.3 - Accounting for irregular hours of resident employees

Current through Register Vol. 56, No. 14, July 15, 2024
Employees who reside on the employer's premises and whose hours worked are irregular and intermittent to the extent that it is not feasible to account for the hours actually on duty may be compensated for not less than eight hours for each day on duty in lieu of any other applicable provisions.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 5 - HOURS WORKED › Section 12:56-5.4 - Workweek construed

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A workweek shall be a regularly recurring period of 168 hours in the form of seven consecutive 24-hour periods.
(b) The workweek need not be the same as the calendar week and may begin any day of the week and any hour of the day.
(c) The workweek shall be designated to the employee in advance.
(d) Once the beginning time of an employee's workweek is established, it remains fixed regardless of the schedule of the hours worked.
(e) The beginning of the workweek may be changed if the change is intended to be permanent and is not intended to evade the overtime requirements of the act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 5 - HOURS WORKED › Section 12:56-5.5 - Reporting for work

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employee who by request of the employer reports for duty on any day shall be paid for at least one hour at the applicable wage rate, except as provided in (b) below.
(b) The provisions of (a) above shall not apply to an employer when he or she has made available to the employee the minimum number of hours of work agreed upon by the employer and the employed prior to the commencement of work on the day involved.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 5 - HOURS WORKED › Section 12:56-5.6 - On-call time

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When employees are not required to remain on the employer's premises and are free to engage in their own pursuits, subject only to the understanding that they leave word at their home or with the employer where they may be reached, the hours shall not be considered hours worked. When an employee does go out on an on-call assignment, only the time actually spent in making the call shall be counted as hours worked.
(b) If calls are so frequent or the "on-call" conditions so restrictive that the employees are not really free to use the intervening periods effectively for their own benefit, they may be considered as "engaged to wait" rather than "waiting to be engaged". In that event, the waiting time shall be counted as hours worked.