reglab/statecodes huggingface dataset:
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 12:66-4.5 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No assessment of wages, 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 wages, 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., 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. The filing of a request for a hearing regarding wages, 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 wages, fees and/or penalties is due when a final agency determination is issued.
(h) Upon final determination, the wages, 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 66 - PREVAILING WAGES AND SAFETY TRAINING FOR CONSTRUCTION WORK ON PUBLIC UTILITIES › Subchapter 4 - VIOLATIONS, PENALTIES AND FEES › Section 12:66-4.6 - 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 public utility or to the Commissioner that the worker has not been paid wages 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 sanction imposed under (a) above, the Commissioner may under P.L. 2007, c. 343 assess and collect administrative penalties as provided for in 12:66-4.2.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 67 - PROHIBITED DISCRIMINATION AGAINST UNEMPLOYED INDIVIDUALS › Subchapter 1 - GENERAL PROVISIONS › Section 12:67-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to effectuate P.L. 2011, c. 40.
(b) The chapter is applicable to each employer or employer's agent, representative or designee which publishes in print or on the Internet an advertisement for any job vacancy in the State of New Jersey.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 67 - PROHIBITED DISCRIMINATION AGAINST UNEMPLOYED INDIVIDUALS › Subchapter 1 - GENERAL PROVISIONS › Section 12:67-1.2 - 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 P.L. 2011, c. 40.
"Commissioner" means the Commissioner 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, within the Department of Labor and Workforce Development, or his or her designee.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 67 - PROHIBITED DISCRIMINATION AGAINST UNEMPLOYED INDIVIDUALS › Subchapter 1 - GENERAL PROVISIONS › Section 12:67-1.3 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A violation of the Act shall occur when, unless otherwise permitted by the provisions of N.J.S.A. 11A or any other law, rule or regulation, an employer or an employer's agent, representative or designee knowingly or purposefully publishes, in print or on the Internet, an advertisement for any job vacancy in the State of New Jersey that contains one or more of the following:
1. Any provision stating that the qualifications for a job include current employment;
2. Any provision stating that the employer or employer's agent, representative, or designee will not consider or review an application for employment submitted by any job applicant currently unemployed; or
3. Any provision stating that the employer or employer's agent, representative, or designee will only consider or review applications for employment submitted by job applicants who are currently employed.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 67 - PROHIBITED DISCRIMINATION AGAINST UNEMPLOYED INDIVIDUALS › Subchapter 1 - GENERAL PROVISIONS › Section 12:67-1.4 - Administrative penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Director finds that an employer or employer's agent, representative, or designee has violated the Act, the Director is authorized to assess an administrative penalty against the employer in the amounts that follow:
1. First violation - not more than $ 1,000;
2. Second violation - not more than $ 5,000; and
3. Third and subsequent violations - not more than $ 10,000.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 67 - PROHIBITED DISCRIMINATION AGAINST UNEMPLOYED INDIVIDUALS › Subchapter 1 - GENERAL PROVISIONS › Section 12:67-1.5 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Director assesses an administrative penalty under 12:67-1.4, the employer shall have the right to file an appeal with the Commissioner.
(b) An appeal must be received by the Commissioner within 15 business days following receipt by the employer of the notification described in 12:67-1.4(b).
(c) The Commissioner shall decide any appeal filed under (b) above on the written record or shall provide a hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 68 - THE OPPORTUNITY TO COMPETE ACT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 12:68-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to effectuate N.J.S.A. 34:6B-11 through 19.
(b) The chapter is applicable to all employers and applicants for employment, as those terms are defined in N.J.A.C. 12:68-1.2.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 68 - THE OPPORTUNITY TO COMPETE ACT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 12:68-1.4 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of N.J.A.C. 12:68-1.3(a) and (b) shall not prohibit an employer, under any of the following circumstances, from requiring an applicant for employment to complete an employment application during the initial employment application process that makes any inquiries regarding an applicant's criminal record or from making any oral or written inquiries during the initial application process to anyone, including to the applicant, regarding an applicant's criminal record:
1. The employment sought or being considered is for a position in law enforcement, corrections, the judiciary, homeland security, or emergency management;
2. The employment sought or being considered is for a position where a criminal history record background check is required by law, rule, or regulation, or where an arrest or conviction by the person for one or more crimes or offenses would or may preclude the person from holding such employment as required by any law, rule, or regulation, or where any law, rule, or regulation restricts an employer's ability to engage in specified business activities based on the criminal records of its employees; or
3. The employment sought or being considered is for a position designated by the employer to be part of a program or systematic effort designed predominantly or exclusively to encourage the employment of persons who have been arrested or convicted of one or more crimes or offenses.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 68 - THE OPPORTUNITY TO COMPETE ACT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 12:68-1.5 - Administrative penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Director finds that an employer has violated the Act, the Director is authorized to assess an administrative penalty against the employer in the amounts that follow:
1. First violation - not more than $ 1,000;
2. Second violation - not more than $ 5,000; and
3. Third and subsequent violations - not more than $ 10,000.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 68 - THE OPPORTUNITY TO COMPETE ACT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 12:68-1.6 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Director assesses an administrative penalty under N.J.A.C. 12:68-1.5, the employer shall have the right to file an appeal with the Commissioner.
(b) An appeal must be received by the Commissioner within 15 business days following receipt by the employer of the notification described in N.J.A.C. 12:68-1.5(b).
(c) The Commissioner shall decide any appeal filed under (b) above on the written record or shall provide a hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 69 - EARNED SICK LEAVE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 12:69-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to implement P.L. 2018, c. 10 (the Act), which requires that every employer shall provide earned sick leave to each employee working for the employer in New Jersey and which establishes the manner in which such sick leave shall be accrued or advanced, used, paid, paid out, and carried over.
(b) The chapter is applicable to all employers and employees.
(c) An employer shall be in compliance with the Act if the employer provides each employee with paid time off (PTO), which may include leave types other than sick, such as personal leave and vacation leave, so long as the PTO meets or exceeds all of the requirements in the Act; that is, an employee must be permitted to use all of the PTO for any of the purposes set forth at N.J.A.C. 12:69-3.5(a), and the employer's PTO program must meet or exceed the other requirements of the Act and this chapter, including, but not limited to:
1. Accrual in accordance with N.J.A.C. 12:69-3.3 or advancing in accordance with N.J.A.C. 12:69-3.4;
2. Use in accordance with N.J.A.C. 12:69-3.5;
3. Payment in accordance with N.J.A.C. 12:69-3.6; and
4. Payout and carry-over in accordance with N.J.A.C. 12:69-3.7.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 69 - EARNED SICK LEAVE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 12:69-1.2 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A violation of the Act and this chapter 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 record required to be so made, kept, and preserved 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 to the Commissioner, on demand, a sworn statement of such record or any other information required for the proper enforcement of this chapter;
6. Fails to provide earned sick leave to each employee in the amount and in the manner prescribed in the Act or this chapter;
7. Takes a retaliatory personnel action or discriminates against an employee in violation of the Act or this chapter; or
8. Otherwise violates any provision of the Act or this chapter or of any order issued under the Act or this chapter.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 69 - EARNED SICK LEAVE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 12:69-1.3 - 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 N.J.A.C. 12:69-1.2, when the Commissioner finds that an employer has violated the Act or this chapter, the Commissioner is authorized to assess and collect an administrative penalty in the amounts that follow:
1. First violation-not more than $ 250.00; and
2. Second and subsequent violation-not less than $ 250.00, nor more than $ 500.00.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 69 - EARNED SICK LEAVE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 12:69-1.4 - 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 earned 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 under the Act.
(c) A schedule of the administrative fees follows:
1. First violation-10 percent of the amount of any payment made to the Commissioner pursuant to this chapter;
2. Second violation-18 percent of the amount of any payment made to the Commissioner pursuant to this chapter; and
3. Third and subsequent violations-25 percent of the amount of any payment made to the Commissioner pursuant to this chapter.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 69 - EARNED SICK LEAVE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 12:69-1.5 - 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 owned to an employee;
2. Where an equitable remedy is required in order to recover the loss of the present value of the 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 69 - EARNED SICK LEAVE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 12:69-1.6 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Commissioner assesses an administrative penalty under N.J.A.C. 12:69-1.3, 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 a formal hearing must be received within 15 business days following receipt of the notice. All hearings shall be held pursuant to the Administrative Procedures 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.
(c) All requests for hearing will be reviewed by the Division of Wage and Hour Compliance to determine if the dispute may be resolved 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 may, for good cause shown, reschedule the hearing.
(g) If the Commissioner does not authorize such a hearing to be rescheduled under (f) above, then the Commissioner shall issue a final agency determination.
(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 costs, in a summary proceeding commenced by the Commissioner pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1et seq.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 69 - EARNED SICK LEAVE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 12:69-1.7 - Retaliatory personnel actions and discrimination prohibited

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No employer shall take any retaliatory personnel action or discriminate against an employee because the employee requests or uses earned sick leave in accordance with the Act or this chapter or the employer's own earned sick leave policy, or because the employee files a complaint with the Department alleging that the employer violated any provision of the Act or this chapter, or because the employee informs any other person of his or her rights under the Act or this chapter.
(b) No employer shall count legitimate use of earned sick leave under the Act or this chapter as an absence that may result in the employee being subject to discipline, discharge, demotion, suspension, loss or reduction of pay, or any other adverse action. This includes "no fault" attendance policies, whereby an employee receives a point or a demerit for any absence, no matter the reason, and are subjected to discipline or are foreclosed from a promotional opportunity(ies) after the accumulation of a certain number of points or demerits.
(c) There shall be a rebuttable presumption of an unlawful retaliatory personnel action whenever an employer takes adverse action against an employee within 90 days of when that employee either:
1. Files a complaint with the Department or a court alleging a violation of any provision of this section;
2. Informs any person about an employer's alleged violation of this section;
3. Cooperates with the Department or other persons in the investigation or prosecution of any alleged violation of this section;
4. Opposes any policy, practice, or act that is prohibited under this section; or
5. Informs any person of his or her rights under this section.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 69 - EARNED SICK LEAVE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 12:69-1.8 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employer shall retain for a period of five years, all records documenting hours worked by employees and earned sick leave accrued/advanced (N.J.A.C. 12:69-3.3 and 3.4), used (N.J.A.C. 12:69-3.5), paid (N.J.A.C. 12:69-3.6), and paid out and carried over (N.J.A.C. 12:69-3.7) by/to employees.
1. The employer is not required to maintain (or, therefore, retain) records documenting hours worked with regard to an employee who is exempt under either the Federal Fair Labor Standards Act, 29 U.S.C. §§
											201 et seq., or the New Jersey Wage and Hour Law, N.J.S.A. 34:11-56aet seq., and for whom the employer either advances earned sick leave under N.J.A.C. 12:69-3.4, or for whom, under N.J.A.C. 12:69-3.3c), the employer chooses to presume solely for the purpose of calculating earned sick leave accrual that the employee works 40 hours per week.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 69 - EARNED SICK LEAVE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 12:69-1.9 - Notification to employees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each employer shall conspicuously post in a place or places accessible to all employees in each of the employer's workplaces, the notification issued by the Commissioner, which shall be posted by the Commissioner on the Department's website and made available in hard copy upon request, and which shall include the amount of earned sick leave to which employees are entitled, the terms of its use, and remedies provide in the Act and this chapter to employees, if an employer fails to provide the required earned sick leave or retaliates against an employee for exercising his or her rights under the Act or this chapter.
(b) Each employer shall provide each employee a written copy of the notification referred to in (a) above:
1. Not later than 30 days after the form of the notification is issued by the Commissioner;
2. At the time of the employee's hiring, if the employee is hired after the issuance of the notification by the Commissioner; and
3. Upon the first request of an employee.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 69 - EARNED SICK LEAVE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 12:69-1.10 - Independent contractor status

Current through Register Vol. 56, No. 14, July 15, 2024
The criteria identified in the Unemployment Compensation Law at N.J.S.A. 43:21-19(i)(6)(A), (B), and (C), commonly referred to as the "ABC test," and the case law interpreting and applying the ABC test to potential employment relationships shall be used to determine whether an individual is an employee or an independent contractor under the Act and this chapter.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 69 - EARNED SICK LEAVE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 12:69-1.11 - Processing of complaints

Current through Register Vol. 56, No. 14, July 15, 2024
Any complaint filed with the Division that alleges a violation of the Act or this chapter shall be processed in the same manner as a complaint filed with the Division under the New Jersey Wage and Hour Law, N.J.S.A. 34:11-56aet seq., and the rules promulgated thereunder.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 69 - EARNED SICK LEAVE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 12:69-1.12 - Applicability of N.J.S.A. 34:1A-1.11 et seq

Current through Register Vol. 56, No. 14, July 15, 2024
P.L. 2018, c. 10, section 5, states that any failure of an employer to make available or pay earned sick leave as required by the Act, or any other violation of the Act, shall be regarded as a failure to meet the wage payment requirements of the New Jersey Wage and Hour Law, N.J.S.A. 34:11-56aet seq. Consequently, a violation of the Act would be considered a violation of a "State wage, benefit and tax law," as that term is defined within N.J.S.A. 34:1A-1.11, thereby empowering the Commissioner on the basis of a violation of the Act, under the provisions of N.J.S.A. 34:1A-1.11et seq., and the conditions set forth therein, to issue, where appropriate, a written determination directing an agency to suspend or permanently revoke any one or more licenses that are held by the employer or a successor firm.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 69 - EARNED SICK LEAVE RULES › Subchapter 3 - BENEFIT YEAR; EARNED SICK LEAVE ACCRUAL, USE AND PAYMENT › Section 12:69-3.1 - Benefit year: establishment; notification to Commissioner of proposed change; imposition by the Commissioner

Current through Register Vol. 56, No. 14, July 15, 2024
(a) (Reserved)
(b) In the event the employer proposes to change the benefit year, the employer shall provide notice to the Commissioner at least 30 calendar days prior to the proposed change.
(c) Notice under (b) above shall:
1. Be in writing;
2. Specify the existing benefit year;
3. Specify the proposed new benefit year;
4. Indicate the effective date of the new benefit year;
5. Indicate the reason for the change in benefit year; and
6. Include a current list of employees with corresponding contact information, including phone number and home address, and a corresponding history of accrual, use, payment, payout, and carry-over of earned sick leave for each employee for the preceding two benefit years.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 69 - EARNED SICK LEAVE RULES › Subchapter 3 - BENEFIT YEAR; EARNED SICK LEAVE ACCRUAL, USE AND PAYMENT › Section 12:69-3.2 - Earned sick leave requirement

Current through Register Vol. 56, No. 14, July 15, 2024
Each employer shall provide earned sick leave to each employee, using either the accrual method under N.J.A.C. 12:69-3.3 or the advancing method under N.J.A.C. 12:69-3.4, which leave shall be for use by the employee for the reasons set forth at, and in the manner prescribed under, N.J.A.C. 12:69-3.5, to be paid in the manner prescribed under N.J.A.C. 12:69-3.6 and subject to the rules governing payout and carry-over at N.J.A.C. 12:69-3.7.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 69 - EARNED SICK LEAVE RULES › Subchapter 3 - BENEFIT YEAR; EARNED SICK LEAVE ACCRUAL, USE AND PAYMENT › Section 12:69-3.3 - Earned sick leave; accrual

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For every 30 hours worked, the employee shall accrue one hour of earned sick leave.
(b) The employer shall not be required to permit the employee to accrue more than 40 hours of earned sick leave in any benefit year.
(c) Where the employer does not record hours worked for a particular employee because the employee is an exempt employee under either the Federal Fair Labor Standards Act, 29 U.S.C. §§
										201 et seq., or the New Jersey Wage and Hour Law, N.J.S.A. 34:11-56aet seq., the employer may either:
1. Record the actual hours worked for that employee for the purpose of calculating earned sick leave accrual; or
2. Presume, solely for the purpose of calculating earned sick leave accrual, that the employee works 40 hours per week.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 69 - EARNED SICK LEAVE RULES › Subchapter 3 - BENEFIT YEAR; EARNED SICK LEAVE ACCRUAL, USE AND PAYMENT › Section 12:69-3.4 - Earned sick leave; advancing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Rather than use the accrual method under N.J.A.C. 12:69-3.3, an employer may, on the first day of the benefit year, provide the employee with no less than 40 hours of earned sick leave for use throughout the benefit year.
(b) Where an employee has been transferred to a separate division, entity, or location, but remains employed in New Jersey by the same employer, the employee shall retain all earned sick leave advanced while working with the prior division, entity, or location.
(c) Where an employee is terminated, laid off, furloughed, or otherwise separated from employment with the employer and where the employee is reinstated or rehired in New Jersey within six months of the separation, any unused earned sick leave advanced by the employee prior to the separation shall be returned to the employee upon rehire or reinstatement.
(d) Where a successor employer takes the place of an existing employer, all employees of the predecessor employer shall retain all earned sick leave advanced while working for the predecessor employer.
1. There shall be a rebuttable presumption of successorship if the two parties (the predecessor firm and the successor firm) share two or more of the capacities or characteristics listed at N.J.A.C. 12:69-3.3(h)1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 69 - EARNED SICK LEAVE RULES › Subchapter 3 - BENEFIT YEAR; EARNED SICK LEAVE ACCRUAL, USE AND PAYMENT › Section 12:69-3.5 - Earned sick leave; use

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employer shall permit an employee to use earned sick leave for any of the following reasons:
1. Time needed for diagnosis, care, or treatment of, or recovery from, an employee's mental or physical illness, injury, or other adverse health condition, or for preventative medical care for the employee;
2. Time needed for the employee to aid or care for a family member of the employee during diagnosis, care, or treatment of, or recovery from, the family member's mental or physical illness, injury, or other adverse health condition, or during preventative medical care for the family member;
3. Absence necessary due to circumstances resulting from the employee, or a family member of the employee, being a victim of domestic or sexual violence, if the leave is to allow the employee to obtain for the employee or the family member; medical attention needed to recover from physical or psychological injury or disability caused by domestic or sexual violence; services from a designated domestic violence agency or other victim services organization; psychological or other counseling; relocation; or legal services, including obtaining a restraining order or preparing for, or participating in, any civil or criminal proceeding related to the domestic or sexual violence;
4. Time during which the employee is not able to work because of a closure of the employee's workplace, or the school or place of care of a child of the employee, by order of a public official due to an epidemic or other public health emergency, or because of the issuance by a public health authority of a determination that the presence in the community of the employee, or a member of the employee's family in need of care by the employee, would jeopardize the health of others; or
5. Time needed by the employee in connection with a child of the employee to attend a school-related conference, meeting, function, or other event requested or required by a school administrator, teacher, or other professional staff member responsible for the child's education, or to attend a meeting regarding care provided to the child in connection with the child's health condition or disability.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 69 - EARNED SICK LEAVE RULES › Subchapter 3 - BENEFIT YEAR; EARNED SICK LEAVE ACCRUAL, USE AND PAYMENT › Section 12:69-3.6 - Earned sick leave; payment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The employer shall pay the employee for earned sick leave at the same rate of pay as the employee normally earns.
(b) The taking of earned sick leave by the employee shall not result in any diminution in the employee's benefits; in other words, for the purpose of employee benefits, when an employee takes earned sick leave, it shall be as if the employee worked those hours.
(c) Under no circumstances during a period of earned sick leave may an employer pay an employee less than the State minimum wage rate.
(d) Where an employee has two or more different jobs for the same employer or if an employee's rate of pay fluctuates for the same job, the rate of pay for earned sick leave shall be the amount that the employee is regularly paid for each hour of work as determined by adding together the employee's total earnings, exclusive of overtime premium pay, for the seven most recent workdays when the employee did not take leave and dividing that sum by the total hours of work during that seven-day period.
(e) Where an employee is paid by commission, whether base wage plus commission or commission only, the employer must pay the employee during earned sick leave an hourly rate that is the base wage or the State minimum wage rate, whichever is greater.
(f) When an employee is paid on a piecework basis, whether base wage plus piecework or piecework only, to calculate the employee's rate of pay for earned sick leave, the employer shall add together the employee's total earnings for the seven most recent workdays when the employee did not take leave and divide that sum by the number of hours the employee spent performing the work during workdays.
1. When doing this calculation, the employer shall consider workdays to mean the days or parts of days the employee worked.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 69 - EARNED SICK LEAVE RULES › Subchapter 3 - BENEFIT YEAR; EARNED SICK LEAVE ACCRUAL, USE AND PAYMENT › Section 12:69-3.7 - Payout and carry-over of earned sick leave

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where the employer provides earned sick leave to its employees using the accrual method under N.J.A.C. 12:69-3.3, the following applies relative to payout and carry-over of earned sick leave:
1. In the final month of the employer's benefit year, the employer may provide an offer to an employee for payout of unused earned sick leave.
2. The employee may accept the employer's payout offer within 10 calendar days from the date the offer was made.
3. If the employee does not accept the payout offer within 10 calendar days from the date of the employer's offer, the employee is deemed to have declined the employer's offer.
4. If the employee agrees to receive a payout, the employee shall choose either a payout for the full amount of unused earned sick leave or for 50 percent of the amount of unused earned sick leave.
5. If the employee declines a payout of unused earned sick leave or agrees to a payout of 50 percent of the amount of unused earned sick leave, the employee shall be entitled to carry forward to the following benefit year any unused earned sick leave, except that the employer shall not be required to permit the employee to carry forward from one benefit year to the next, more than 40 hours of earned sick leave.
6. If the employee agrees to a payout of the full amount of unused earned sick leave, the employee shall not be entitled to carry forward to the following benefit year any unused earned sick leave.
7. The payout amount shall be based on the rate of pay that the employee is earning at the time of the payout.
i. Where an employee has two or more different jobs for the same employer or if an employee's rate of pay fluctuates for the same job, the rate of pay for the payout of unused earned sick leave shall be the amount that the employee is regularly paid for each hour of work as determined by adding together the employee's total earnings, exclusive of overtime premium pay, for the seven most recent workdays when the employee did not take leave and dividing that sum by the total hours of work during that seven-day period.
ii. Where an employee is paid by commission, whether base wage plus commission or commission only, the rate of pay for the payout of unused earned sick leave shall be an hourly rate that is the base wage or the State minimum wage rate, whichever is greater.
iii. When an employee is paid on a piecework basis, whether base wage plus piecework or piecework only, to calculate the employee's rate of pay for payout of unused earned sick leave, the employer shall add together the employee's total earnings for the seven most recent workdays when the employee did not take leave and divide that sum by the number of hours the employee spent performing the work during workdays. When doing this calculation, the employer shall consider workdays to mean the days or parts of days the employee worked.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 70 - PROHIBITED COVID-19 RELATED EMPLOYMENT DISCRIMINATION › Subchapter 1 - GENERAL PROVISIONS › Section 12:70-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to effectuate P.L. 2020, c. 9, which, during the Public Health Emergency and State of Emergency declared by Governor Murphy in Executive Order No. 103 (2020) concerning the coronavirus disease 2019 (COVID-19) pandemic, prohibits an employer from terminating or otherwise penalizing an employee, if the employee requests or takes time off from work based on the written or electronically transmitted recommendation of a medical professional licensed in New Jersey that the employee take that time off for a specified period of time because the employee has, or is likely to have, an infectious disease that may infect others at the employee's workplace.
(b) The chapter shall apply to employers and employees.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 70 - PROHIBITED COVID-19 RELATED EMPLOYMENT DISCRIMINATION › Subchapter 1 - GENERAL PROVISIONS › Section 12:70-1.2 - 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 P.L. 2020, c. 9.
"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.
"Employ" means to suffer or permit to work.
"Employee" includes any individual employed by an employer.
"Employer" includes any individual, partnership, association, corporation, and the State and any county, municipality, or school district in the State, or any agency, authority, department, bureau, or instrumentality thereof, or any person, or group of persons, acting directly or indirectly in the interest of an employer in relation to an employee.
"Infectious disease" means "infectious disease" as that term is defined at N.J.S.A. 26:13-2.
"Medical professional licensed in New Jersey" means a physician, physician assistant, advanced practice nurse, or registered nurse who is appropriately licensed by the State of New Jersey.
"Protected leave" means leave from work taken by an employee during the Public Health Emergency and State of Emergency declared by Governor Murphy in Executive Order No. 103 (2020) concerning the coronavirus disease 2019 (COVID-19) pandemic, based on the written or electronically transmitted recommendation of a medical professional licensed in New Jersey that the employee take that time off for a specified period of time because the employee has, or is likely to have, an infectious disease that may infect others at the employee's workplace.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 70 - PROHIBITED COVID-19 RELATED EMPLOYMENT DISCRIMINATION › Subchapter 1 - GENERAL PROVISIONS › Section 12:70-1.3 - Reinstatement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon expiration of a period of protected leave, an employee shall be restored to the position such employee held immediately prior to the commencement of the protected leave, with no reduction in seniority, status, employment benefits, pay, or other terms and conditions of employment. If such position has been filled, the employer shall reinstate such employee to an equivalent position of like seniority, status, employment benefits, pay, and other terms and conditions of employment.
(b) If, during a period of protected leave, the employer experiences a reduction in force or layoff and the employee would have lost the employee's position had the employee not been on leave, as a result of the reduction in force or pursuant to the good faith operation of a bona fide layoff and recall system including a system under a collective bargaining agreement, where applicable, the employee shall not be entitled to reinstatement to the former or an equivalent position. The employee shall retain all rights under any applicable layoff and recall system, including a system under a collective bargaining agreement, as if the employee had not taken the protected leave.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 70 - PROHIBITED COVID-19 RELATED EMPLOYMENT DISCRIMINATION › Subchapter 1 - GENERAL PROVISIONS › Section 12:70-1.4 - Prohibited retaliation

Current through Register Vol. 56, No. 14, July 15, 2024
No employer shall discharge or in any way retaliate against or penalize any employee because such employee requests or takes protected leave.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 70 - PROHIBITED COVID-19 RELATED EMPLOYMENT DISCRIMINATION › Subchapter 1 - GENERAL PROVISIONS › Section 12:70-1.5 - Administrative remedies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Commissioner finds that an employer has violated the Act, the Commissioner is authorized to order:
1. Reinstatement of the employee to employment in the position held when the protected leave commenced with no reduction in seniority, status, employment benefits, pay, and other terms and conditions of employment, or if such position has been filled, reinstatement of the employee to an equivalent position of like seniority, status, employment benefits, pay, and other terms and conditions of employment; and/or
2. The assessment of an administrative penalty against the employer of $ 2,500 for each violation of the Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 70 - PROHIBITED COVID-19 RELATED EMPLOYMENT DISCRIMINATION › Subchapter 1 - GENERAL PROVISIONS › Section 12:70-1.6 - Processing of complaints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any complaint filed with the Commissioner that alleges a violation of the Act or of this chapter shall be processed in the same manner as a claim for wages filed with the Division of Wage and Hour Compliance, Wage Collection Section, within the Department pursuant to N.J.S.A. 34:11-57et seq.
(b) Hearings of the Division of Wage and Hour Compliance, Wage Collection Section, under this chapter, may be conducted remotely with the assistance of technology, such as telephone, web-based video conferencing, and submission of documentary evidence by email or text.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 70 - PROHIBITED COVID-19 RELATED EMPLOYMENT DISCRIMINATION › Subchapter 1 - GENERAL PROVISIONS › Section 12:70-1.7 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
An appeal from a judgment of the Division of Wage and Hour Compliance, Wage Collection Section, under this chapter shall follow the procedure set forth at N.J.S.A. 34:11-63.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 70 - PROHIBITED COVID-19 RELATED EMPLOYMENT DISCRIMINATION › Subchapter 1 - GENERAL PROVISIONS › Section 12:70-1.8 - Independent contractor status

Current through Register Vol. 56, No. 14, July 15, 2024
The criteria in the Unemployment Compensation Law at N.J.S.A. 43:21-19(i)(6)(A), (B), and (C), commonly referred to as the "ABC test," and the case law interpreting and applying the ABC test to potential employment relationships shall be used to determine whether the individual is an employee or an independent contractor under the Act and this chapter.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 71 - NEW JERSEY CALL CENTER JOBS ACT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 12:71-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to effectuate P.L. 2019, c. 470, known as the New Jersey Call Center Jobs Act.
(b) This chapter shall apply to each employer with a call center in New Jersey.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 71 - NEW JERSEY CALL CENTER JOBS ACT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 12:71-1.2 - 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 P.L. 2019, c. 470 (N.J.S.A. 34:21-8 through 15).
"Call center" means a facility or other operation whereby workers receive telephone calls or emails or other electronic communication for the purpose of providing customer assistance or other services. *A call center operation means a physical operation or shared work location.*
"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.
"Employee" means "employee," as that term is defined at N.J.S.A. 34:11-4.1.
"Employer" means any business entity that, for the purpose of staffing a call center, employs 50 or more full-time employees in New Jersey for each working day during each of 20 or more calendar workweeks in the then-current, or immediately preceding, calendar year, or that for the purpose of staffing a call center, employs 50 or more employees in New Jersey for each working day during each of 20 or more calendar workweeks in the then-current, or immediately preceding, calendar year, who in the aggregate (that is, who collectively) work at least 1,500 hours, excluding overtime hours, in each such workweek. The 50-employee count for the purpose of defining "employer" does not include an individual who is employed principally for a purpose other than the staffing of a call center (for example, someone who works in the employer's accounting or human resources offices) and who has, during a period of unanticipated high customer volume of telephone calls, emails, or other electronic communication, been assigned for a limited duration to assist with call center functions.
"Full-time" means working an average of 30 or more hours per week.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 71 - NEW JERSEY CALL CENTER JOBS ACT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 12:71-1.3 - Independent contractor status

Current through Register Vol. 56, No. 14, July 15, 2024
The criteria identified in the Unemployment Compensation Law at N.J.S.A. 43:21-19(i)(6)(A), (B), and (C), commonly referred to as the "ABC test," and the case law interpreting and applying the ABC test to potential employment relationships shall be used to determine whether an individual is an employee or an independent contractor under the Act and this chapter.