reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 58 - CHILD LABOR › Subchapter 5 - VIOLATIONS AND ADMINISTRATIVE PENALTIES › Section 12:58-5.2 - Violations of the Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Violations of the Act shall occur when:
1. An employer obstructs the Commissioner in the performance of the duties of the Commissioner in the enforcement of this chapter; or
2. An employer permits or suffers any minor to be employed or to work in violation of the Act; or
3. Any person who, having under his or her control or custody any minor, permits or suffers him or her to be employed or to work in violation of the Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 58 - CHILD LABOR › Subchapter 5 - VIOLATIONS AND ADMINISTRATIVE PENALTIES › Section 12:58-5.3 - 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 12:58-5.2, pursuant to 34:2-21.1 et seq., when the Commissioner finds that an employer has violated that Act, the Commissioner is authorized to assess and collect administrative penalties 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 58 - CHILD LABOR › Subchapter 5 - VIOLATIONS AND ADMINISTRATIVE PENALTIES › Section 12:58-5.4 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Commissioner assesses an administrative penalty under 12:58-5.3, the employer shall have the right to a hearing pursuant to (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 by 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.
(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 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 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 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 59 - INDUSTRIAL HOME WORK LAW › Subchapter 1 - GENERAL PROVISIONS › Section 12:59-1.1 - Purpose; authority

Current through Register Vol. 56, No. 14, July 15, 2024
These rules and regulations supplement the Industrial Home Work Law, Chapter 308, Laws of 1941 and are promulgated by virtue of Section 17 of said law.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 59 - INDUSTRIAL HOME WORK LAW › Subchapter 1 - GENERAL PROVISIONS › Section 12:59-1.2 - Compliance by distributors

Current through Register Vol. 56, No. 14, July 15, 2024
All New Jersey distributors of industrial home work must comply with the laws and rules and regulations governing employment, including employment of minors in the home and factory, as well as the general factory laws.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 59 - INDUSTRIAL HOME WORK LAW › Subchapter 1 - GENERAL PROVISIONS › Section 12:59-1.3 - Distribution of industrial home work

Current through Register Vol. 56, No. 14, July 15, 2024
The distribution of industrial home work to a home worker can only occur from a factory or business located in New Jersey.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 59 - INDUSTRIAL HOME WORK LAW › Subchapter 1 - GENERAL PROVISIONS › Section 12:59-1.4 - Limitation on number of home workers

Current through Register Vol. 56, No. 14, July 15, 2024
The number of home workers that is permitted for any one employer is restricted to one-third of the employees in the factory or business.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 59 - INDUSTRIAL HOME WORK LAW › Subchapter 1 - GENERAL PROVISIONS › Section 12:59-1.5 - Employer's permit; home worker's certificate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Under no circumstances can industrial home work be distributed unless:
1. An employer is in possession of a valid employer's permit;
2. The home worker is in possession of a valid home worker's certificate where such industrial home work is distributed to said home worker by the employer;
3. Where subsequent distribution is intended, such person is in possession of a valid employer's permit.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 59 - INDUSTRIAL HOME WORK LAW › Subchapter 1 - GENERAL PROVISIONS › Section 12:59-1.6 - Applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Requests for application forms for an employer's permit and home worker's certificates must be made by an employer and completed applications for employer's permit and permit fee and home workers' certificates must be mailed by the employer to:
Division of Wage and Hour Compliance
Department of Labor and Workforce Development
PO Box 389
John Fitch Plaza
Trenton, New Jersey 08625-0389
(b) The Division of Wage and Hour Compliance will not recognize any applications for home workers certificates if requests are made directly by the home worker.
(c) To eliminate any question concerning the validity of home workers' certificates, employers must file applications for home worker's certificate with the Division of Wage and Hour Compliance. A home worker's certificate is valid for one employer only. Where a home worker does work for several employers, each employer must procure a home worker's certificate from the Division of Wage and Hour Compliance for the said home worker.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 59 - INDUSTRIAL HOME WORK LAW › Subchapter 1 - GENERAL PROVISIONS › Section 12:59-1.7 - Workmen's Compensation Insurance

Current through Register Vol. 56, No. 14, July 15, 2024
All employers of home workers must provide Workmen's Compensation Insurance coverage for all such home workers.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 59 - INDUSTRIAL HOME WORK LAW › Subchapter 1 - GENERAL PROVISIONS › Section 12:59-1.8 - Employment of minors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No minor under 16 years of age is permitted to manufacture industrial home work in either the factory or in the home.
(b) All minors between 16 and 18 years of age who are engaged in the manufacture of industrial home work at any place (factory, business, or home) must comply with the following requirements:
1. An employment certificate must be secured and kept on file by the employer. These certificates are procurable from the issuing officer in the school district where the minor resides.
2. Such minors may not work in excess of eight hours per day or 40 hours per week and cannot be employed more than six consecutive days.
3. Minors may not work before 6:00 A.M., nor after 10:00 P.M.
4. The employer must post an abstract of the Child Labor Law and a schedule of hours of work for minors in the place where the minor is directly employed.
5. The employer must keep an accurate work time record for such minors showing:
i. Name of minor;
ii. Address of minor;
iii. Date of birth;
iv. Time of commencing and stopping work and time allowed for meal periods;
v. Wages paid to minors.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 59 - INDUSTRIAL HOME WORK LAW › Subchapter 1 - GENERAL PROVISIONS › Section 12:59-1.9 - Records to be kept

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each employer (including distributors or independent contractors and any person who sells or causes to be sold to another person any articles or materials for the purpose of having such articles or materials manufactured within this State in a home and of then rebuying such articles or materials, after such manufacture, either by himself or by someone designated by him) shall keep the following complete and accurate records in one book, said records to be kept for a period of one year:
1. Names of all persons engaged in industrial home work directly or indirectly for or in behalf of such employer;
2. Address of all places where such persons work;
3. All articles or materials directly or indirectly distributed to such persons;
4. All articles or materials manufactured by such persons;
5. The net cash wages received by each home worker and such piecework rates at which each home worker is compensated;
6. All independent contractors to whom materials to be manufactured by industrial home work have been furnished (this includes distributors and other persons who may be engaged in resale transaction as indicated in this Section);
7. The number of the employer's permit or home worker's certificate, whichever is applicable;
8. Daily hours of work by each home worker on all articles or materials furnished by the employer. Time spent in transporting articles or materials to and from the home from and to the point of distribution will be considered working time when same is done by the home worker and must appear on the time record.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 59 - INDUSTRIAL HOME WORK LAW › Subchapter 1 - GENERAL PROVISIONS › Section 12:59-1.10 - Home worker time record

Current through Register Vol. 56, No. 14, July 15, 2024
Each home worker must furnish the employer with a statement in writing showing hours worked each day, shown by date, on such articles or materials. This time record must be transcribed by the employer to work time record for home worker as noted above.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 59 - INDUSTRIAL HOME WORK LAW › Subchapter 1 - GENERAL PROVISIONS › Section 12:59-1.11 - Minimum wage requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with the Minimum Wage Law, true and accurate records of the hours worked by each worker together with the wages paid must be kept. Such records must be kept regardless of the form of employment. The employer is solely and directly responsible for having true and accurate records.
(b) Where such records (see 12:59-1.9(a)7  and 8) are not true and accurate, the employer will be subject to the penalties provided in the Minimum Wage Law.
(c) The following New Jersey Minimum Wage Orders are in effect:
1. Mandatory Order No. 13--CLEANING AND DYEING OCCUPATIONS AND LAUNDRY OCCUPATIONS.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 59 - INDUSTRIAL HOME WORK LAW › Subchapter 1 - GENERAL PROVISIONS › Section 12:59-1.12 - Federal compliance

Current through Register Vol. 56, No. 14, July 15, 2024
Compliance with the provisions of the New Jersey Minimum Wage Law does not excuse any failure on the part of the employer from complying with the Federal Fair Labor Standards Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 1 - GENERAL PROVISIONS › Section 12:60-1.1 - Title and citation

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be known and may be cited as N.J.A.C. 12:60, Prevailing Wages for Public Works.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 1 - GENERAL PROVISIONS › Section 12:60-1.2 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
These rules are promulgated pursuant to the authority of the New Jersey Prevailing Wage Act, 34:11-56.2 5 et seq.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 1 - GENERAL PROVISIONS › Section 12:60-1.3 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to:
1. List each and every craft, trade, or class of workmen employed on public works in each of the 21 counties of the State; and
2. List the criteria to be used when an issue regarding the establishment of a craft, trade or class of workmen arises.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 1 - GENERAL PROVISIONS › Section 12:60-1.4 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				shall implement the Act by listing by name each craft, trade or class of
				workmen utilized in the various counties of the State; and
(b) This chapter shall apply to every
				contract in excess of $ 19,375 awarded in whole or in part by a municipal
				public body and to every subcontract pursuant to said contract. It shall also
				apply to every contract in excess of $ 2,000 awarded by a nonmunicipal public
				body and to every subcontract pursuant to said contract.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 1 - GENERAL PROVISIONS › Section 12:60-1.5 - Documents referred to by reference

Current through Register Vol. 56, No. 14, July 15, 2024
The availability of standards and publications referred to in this chapter is explained in N.J.A.C. 12:60-4.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 1 - GENERAL PROVISIONS › Section 12:60-1.6 - Validity

Current through Register Vol. 56, No. 14, July 15, 2024
Should any section, paragraph, sentence or word of this chapter be declared for any reason to be invalid, such decision shall not affect the remaining portions of this chapter.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 2A - APPLICATION OF THE PREVAILING WAGE ACT TO OFF-SITE ACTIVITIES › Section 12:60-2A.1 - Off-site manufacturing, assembly, or furnishing of materials, articles, supplies or equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The manufacture, assembly or furnishing of materials, articles, supplies or equipment will be subject to the Prevailing Wage Act if conducted in connection with, and at the work-site of, such public works project.
(b) Custom fabrication is subject to the Prevailing Wage Act, pursuant to P.L. 2004, c. 101, §1 (34:11-56.2 6), but custom fabrication shall not be subject to the requirements of this section.
(c) The work-site shall be deemed to include the following:
1. The physical place or places where the building or work called for in the public works contract, which is subject to the terms of the Prevailing Wage Act, will remain; and
2. Any other site where a significant portion of the building or work associated therewith, is constructed, provided that such site is established specifically for the performance of the contract or project.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 3 - CRITERIA FOR ESTABLISHMENT OF CRAFTS, TRADES OR CLASSES OF WORKMEN › Section 12:60-3.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes the criteria to be used to classify a craft, trade or class of workmen.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 3 - CRITERIA FOR ESTABLISHMENT OF CRAFTS, TRADES OR CLASSES OF WORKMEN › Section 12:60-3.2 - Criteria for establishment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The criteria used to establish a craft, trade or class of workmen shall include:
1. Work history and industry practice;
2. Training and skills;
3. Nature of the specific work in issue;
4. Craft union collective bargaining agreements and craft recognition; and
5. Governmental regulation and recognition.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 3A - PREVAILING WAGE DETERMINATIONS FOR AIR CONDITIONING AND REFRIGERATION - SERVICE AND REPAIR; SCOPE › Section 12:60-3A.1 - Prevailing wage determinations for air conditioning and refrigeration-service and repair; scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department's prevailing wage determinations for air conditioning and refrigeration - service and repair, shall apply to all work which is both:
1. "Public work," as that term is defined in this chapter; and
2. Service, repair, or maintenance work performed in order to keep an existing air conditioning or refrigeration system within an occupied facility operating in an efficient manner.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 4 - STANDARDS AND PUBLICATIONS REFERRED TO IN THIS CHAPTER › Section 12:60-4.1 - Documents referred to by reference

Current through Register Vol. 56, No. 14, July 15, 2024
The full title and edition of each of the standards and publications referred to in this chapter are as follows:
34:11-56.2 5 et seq., New Jersey Prevailing Wage Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 4 - STANDARDS AND PUBLICATIONS REFERRED TO IN THIS CHAPTER › Section 12:60-4.2 - Availability of documents from issuing organization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Copies of the referred to standards and publications in this chapter may be obtained from the organization listed below or from the website of the Department of Labor and Workforce Development at
www.nj.gov/labor
.
1. Copies available from:
Division of Wage and Hour Compliance
New Jersey Department of Labor and Workforce Development
John Fitch Plaza
PO Box 389
Trenton, New Jersey 08625-0389
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 5 - INSPECTION OF RECORDS › Section 12:60-5.1 - Inspections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner, or an authorized designee, shall have the authority to:
1. Inspect and copy books, registers, payrolls or other records that relate to or affect wages, hours and other conditions of employment for public works employees;
2. Question public works workmen to determine whether they are aware of violations of the prevailing wage act; and
3. Require public works employers to submit written statements, including sworn statements, concerning wages, hours, names, addresses and any other employee information as may be determined necessary by the Commissioner.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 6 - CRITERIA FOR DETERMINING APPRENTICE TO JOURNEYMAN RATIO › Section 12:60-6.1 - 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.
"Apprentice" means an individual who, while performing work on a public work project, is registered, in good standing, in an apprenticeship program approved or certified by the Office of Apprenticeship in the United States Department of Labor.
"Records" means all books, registers, payrolls, and any other documentation maintained by the employer that have a bearing upon the question of wages, hours and other conditions of employment of any workmen.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 6 - CRITERIA FOR DETERMINING APPRENTICE TO JOURNEYMAN RATIO › Section 12:60-6.2 - Responsibilities of contractors and subcontractors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A contractor or subcontractor employing one or more apprentices on a public work project shall maintain with its records written evidence that the apprentice or apprentices are registered in an approved apprenticeship program while performing work on the project.
1. The contractor or subcontractor shall make all records available for inspection by the public body awarding the contract and by the Commissioner during normal business hours.
2. The awarding body and the Commissioner shall have unencumbered access to the employees who are employed on a public work project for the purpose of interviewing and determining compliance.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 6 - CRITERIA FOR DETERMINING APPRENTICE TO JOURNEYMAN RATIO › Section 12:60-6.3 - Ratio of apprentices to journeymen

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon determining the prevailing wage rate and establishing the prevailing wage in the locality for each craft, trade or class of workmen needed to perform public work contracts, the Commissioner shall also determine the ratio of apprentices to journeymen for the purpose of establishing the number of workmen who may be paid the apprentice rate.
(b) If no ratio of apprentices to journeymen is set forth in the collective bargaining agreement used by the Commissioner to make his or her prevailing wage determination, the maximum ratio of apprentices to journeymen shall be one apprentice to every four journeymen.
(c) If the prevailing collective bargaining agreement for a craft or trade does not provide for an apprentice rate, the employer shall pay the employees not less than the journeyman's rate even if an employee is registered in an apprentice program for that trade.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 6 - CRITERIA FOR DETERMINING APPRENTICE TO JOURNEYMAN RATIO › Section 12:60-6.4 - Correction of wage rate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department determines that a worker who has been paid an apprentice wage rate on a project is entitled to a journeyman's rate, the Department shall conduct an audit and require the contractor or subcontractor to pay the worker an additional amount equal to the difference between the rate of an apprentice and the rate of a journeyman plus any applicable benefits the worker is entitled to as a journeyman.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 7 - DEBARMENT FROM CONTRACTING › Section 12:60-7.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to set forth the conditions which constitute grounds for debarment from public works and Economic Development Authority (EDA) contracts, and to notify individuals of the departmental policies and procedures concerning debarment.
(b) The provisions of this subchapter shall be applicable to all contractors, subcontractors, and other persons who perform public works for any public body and EDA projects in New Jersey.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 7 - DEBARMENT FROM CONTRACTING › Section 12:60-7.3 - Conditions of debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Debarment from public works or EDA contracts shall be made only with the approval of the Commissioner, except as otherwise provided by law.
(b) The Commissioner may debar a person, after an investigation and determination that the person has failed or refused to pay the prevailing wage rate.
(c) A violation as listed in (b) above shall not necessarily require that a person be debarred. In each case, the decision to debar shall be made at the discretion of the Commissioner unless otherwise provided by law. The Commissioner may consider the following factors as material in each decision to debar:
1. The record of previous violations by the person with the Division of Wage and Hour Compliance;
2. Previous cases of debarment by the Commissioner;
3. The frequency of violations by the person discovered in previous cases;
4. The significance or scale of the violations, consisting of shortfalls in wages or fringe benefits computed in audits;
5. The existence of outstanding audit(s) or failure(s) to pay;
6. Failure to respond to a request to produce records, forms, documents, or proof of payments; and
7. Submission of falsified or altered records, forms, documents, or proof of payment.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 7 - DEBARMENT FROM CONTRACTING › Section 12:60-7.4 - Notification of debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Department seeks to debar a person, the person or persons shall be furnished with a written notice stating:
1. That debarment is being considered;
2. The provisions of 34:11-56.3 7 and 34:11-56.3 8;
3. The specific details of the violations referring to employees involved by name, job classifications, dates of violations and any amount found due;
4. The public work or EDA project involved during which performance of the violations cited occurred; and
5. That the person shall have the right to appeal the debarment to the Commissioner within 15 days of the date of the notice of intent to debar. Any appeal received within the 15-day period will be filed as of the 15th day.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 7 - DEBARMENT FROM CONTRACTING › Section 12:60-7.5 - Lists

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall provide the State Treasurer with the names of all persons debarred and the effective date and period of debarment, if any.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 8 - VIOLATIONS, PENALTIES AND FEES › Section 12:60-8.1 - Purpose; scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to establish rules to effectuate 34:11-56.2 5 et seq., the New Jersey Prevailing Wage Act (Act), provide sanctions for non-compliance, 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 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 8 - VIOLATIONS, PENALTIES AND FEES › Section 12:60-8.2 - Violations of the Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Violations 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 prevailing rate applicable under this chapter;
7. Requests, demands, or receives, either for himself or any other person, either before or after a worker is engaged in public 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 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 8 - VIOLATIONS, PENALTIES AND FEES › Section 12:60-8.3 - 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 12:60-8.2, pursuant to 34:11-56.2 5 et seq. when the Commissioner finds that an employer has violated that Act, the Commissioner is authorized to assess and collect administrative penalties in the amounts that follow:
1. First violation--not more than $ 2,500.
2. Second and subsequent violations--not more than $ 5,000.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 8 - VIOLATIONS, PENALTIES AND FEES › Section 12:60-8.4 - 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 directly to the employee or employees affected.
(b) The employer shall also pay the Commissioner an administrative fee on all payments due to employees pursuant to Articles 1 and 2 of Chapter 11 of Title 34 of the revised statutes.
(c) A schedule of the administrative fees is set forth in Table 8.4(c) below:
Table 8.4(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 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 8 - VIOLATIONS, PENALTIES AND FEES › Section 12:60-8.5 - 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 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 8 - VIOLATIONS, PENALTIES AND FEES › Section 12:60-8.6 - 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. 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 Prevailing Wage Act, including debarment pursuant to 34:11-56.3 7 and 56.38.
(b) All requests for a hearing shall 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 shall be scheduled. If a settlement cannot be reached, 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 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, reschedule a hearing.
(f) If the Commissioner or his or her designee 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 cost in a summary proceeding commenced by the Commissioner.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 60 - PREVAILING WAGES FOR PUBLIC WORKS › Subchapter 8 - VIOLATIONS, PENALTIES AND FEES › Section 12:60-8.7 - 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, to the public body, 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, shall be guilty of a disorderly persons offense and shall, upon conviction therefor, be fined not less than $ 100.00 nor more than $ 1,000.00.
(b) As an alternative to, or in addition to, any sanctions imposed under (a) above, the Commissioner is authorized under N.J.S.A. 34:11-56a.2 4 to assess and collect administrative penalties as provided for in 12:60-8.3.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 61 - WAGE COLLECTION › Subchapter 1 - GENERAL PROVISIONS › Section 12:61-1.1 - Purpose; scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to establish rules to effectuate 34:11-57 et seq., the New Jersey State Wage Collection Law, to empower the Commissioner of Labor and Workforce Development means of collecting wages due.
(b) The chapter is applicable to:
1. Wages and hours subject to the New Jersey State Wage Collection Law;
2. Wages paid to an employee for services rendered; and
3. Time and mode of payment.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 61 - WAGE COLLECTION › Subchapter 1 - GENERAL PROVISIONS › Section 12:61-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Commissioner" means the Commissioner of Labor and Workforce Development or any person or persons in the Department designated in writing by him or her for the purposes of this article.
"Employee" means any natural person who works for another for hire.
"Employer" means any person, partnership, firm or corporation employing another for hire.
"Service" means proper legal service of a summons, subpoena, or any other legal document referred to in this subchapter. Service shall be in accordance with the New Jersey Civil Court Rules.
"Wages" means any monies due an employee from the employer, pursuant to laws administered by the Commissioner, whether payable by the hour, day, week, semi-monthly, monthly or yearly and shall include commissions, bonuses, piecework compensation and any other benefits arising out of an employment contract.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 61 - WAGE COLLECTION › Subchapter 1 - GENERAL PROVISIONS › Section 12:61-1.3 - Powers of the Commissioner

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner of Labor and Workforce Development or his or her representative is authorized and empowered to investigate any claim for wages due an employee. In conducting such investigation, the Commissioner or his or her representative may do the following:
1. Summon the defendant;
2. Subpoena witnesses;
3. Administer oaths; and
4. Take testimony.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 61 - WAGE COLLECTION › Subchapter 1 - GENERAL PROVISIONS › Section 12:61-1.4 - Administrative fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The employer shall pay the Commissioner an administrative fee on all payment of gross amounts due employees pursuant to 34:11-58. Although the administrative fee is not collected by the Commissioner until the actual payment of wages due, the duty to pay the fee attaches immediately upon the filing of a claim for wages.
(b) A schedule of fees are as follows:
1. First violation--10 percent of the amount due an employee;
2. Second violation--18 percent of the amount due an employee;
3. Third and subsequent violations--25 percent of the amount due an employee.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 61 - WAGE COLLECTION › Subchapter 1 - GENERAL PROVISIONS › Section 12:61-1.5 - 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 61 - WAGE COLLECTION › Subchapter 1 - GENERAL PROVISIONS › Section 12:61-1.6 - Wage settlement agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The terms of any settlement agreement entered into between an employer and employee(s) subsequent to the initiation of the wage collection process shall be conveyed to the Commissioner or his or her designee for review.
(b) The Commissioner or his or her designee shall thereupon determine if the settlement agreement comports with the applicable wage statutes and rules of the State of New Jersey.
(c) Any settlement agreement entered into in violation of the wage laws of the State shall be deemed by the Commissioner or his or her designee to be null, void and unenforceable.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 62 - PUBLIC WORKS CONTRACTOR REGISTRATION › Subchapter 1 - GENERAL PROVISIONS › Section 12:62-1.1 - Application and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this chapter are promulgated by the Department of Labor and Workforce Development in order to implement "The Public Works Contractor Registration Act," P.L. 1999, c. 238 (34:11-56.4 8 et seq.). The Act establishes a unified procedure for the registration of contractors and subcontractors engaged in public works project.
(b) The provisions of this chapter shall apply to all contractors, as that term is defined in 12:62-1.3.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 62 - PUBLIC WORKS CONTRACTOR REGISTRATION › Subchapter 1 - GENERAL PROVISIONS › Section 12:62-1.3 - Administration and enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
The Division of Wage and Hour Compliance, within the Department of Labor and Workforce Development, shall administer and enforce this chapter. All the powers, duties and responsibilities vested in the Commissioner by the Public Works Contractor Registration Act are hereby delegated to and vested in the Director of the Division of Wage and Hour Compliance, except the power to adopt, amend or repeal rules and the power to make final determinations resulting from any of the hearings required or permitted to be held pursuant to the Act or the Administrative Procedure Act, 52:14B-1 et seq.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 62 - PUBLIC WORKS CONTRACTOR REGISTRATION › Subchapter 1 - GENERAL PROVISIONS › Section 12:62-1.4 - Validity

Current through Register Vol. 56, No. 14, July 15, 2024
If any provisions of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter. To this end, the provisions of this chapter are severable.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 62 - PUBLIC WORKS CONTRACTOR REGISTRATION › Subchapter 2 - PUBLIC WORKS CONTRACTOR REGISTRATION › Section 12:62-2.1 - Registration required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No contractor shall bid on any contract for public work unless the contractor is registered pursuant to the Act. In addition:
1. No contractor shall list a subcontractor, including a contractor/subcontractor who is involved in off-site custom fabrication, as defined in 34:11-56.2 6, in a bid proposal for a public works contract unless the subcontractor as required is registered pursuant to the terms of 34:11-56.4 8 et seq., the Public Works Contractor Registration Act, at the time the bid is submitted to the public entity; and
2. No contractor or subcontractor not listed on the bid proposal shall engage in the performance of any public work project unless the contractor or subcontractor is registered pursuant to the Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 62 - PUBLIC WORKS CONTRACTOR REGISTRATION › Subchapter 2 - PUBLIC WORKS CONTRACTOR REGISTRATION › Section 12:62-2.2 - Issuance and term of certificate of registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of the fee, a fully completed form and all documentation required under N.J.A. C. 12:62-2.1, the Commissioner shall issue a certificate of registration to the contractor within 30 days; except that:
1. For all initial contractor registration applications and other contractor registration applications not submitted through the Department's online application process, the 30-day deadline for issuance by the Department of a certificate of registration shall be waived; and
2. For all renewal contractor registration applications submitted through the Department's online application process, the Department shall automatically issue an interim approval, which shall be effective for 120 days.
i. At the end of the 120-day interim approval period, the Department shall fully evaluate each renewal contractor registration application and either grant or deny the application.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 62 - PUBLIC WORKS CONTRACTOR REGISTRATION › Subchapter 2 - PUBLIC WORKS CONTRACTOR REGISTRATION › Section 12:62-2.3 - Disorderly persons offense

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A contractor who commits any of the following acts shall be guilty of a disorderly persons offense:
1. Willfully hindering or delaying the Commissioner in the performance of his or her duties in the enforcement of the Act;
2. Failure to make, keep, and preserve any records as required under the provisions of the "New Jersey Prevailing Wage Act," P.L. 1963, c.150, 34:11-56.2 5 et seq.;
3. Falsifying any such record, or refusing to make any such record accessible to the Commissioner upon demand;
4. Refusing to furnish a sworn statement of such records or any other information required for the enforcement of the Act to the Commissioner upon demand;
5. Paying or agreeing to pay wages at a rate less than the rate prescribed by the "New Jersey Prevailing Wage Act," P.L. 1963, c.150, 34:11-56.2 5 et seq.; or
6. Otherwise violating any provision of the Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 62 - PUBLIC WORKS CONTRACTOR REGISTRATION › Subchapter 2 - PUBLIC WORKS CONTRACTOR REGISTRATION › Section 12:62-2.4 - Denial, suspension or revocation of registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As an alternative to or in addition to sanctions provided in 12:62-2.5, a certificate of registration may be denied, suspended or revoked if the registrant or applicant or an officer, partner, director, stockholder, or agent of the applicant or registrant has at any time:
1. Failed to comply with the registration requirement set forth in the Act;
2. Bid for or performed work pursuant to a public works contract without having fully complied with the registration requirement set forth in the Act;
3. Willfully made a misstatement of or omitted revealing a material fact or facts in the application for registration or renewal;
4. Failed to provide all information requested by the Department pursuant to 12:62-2.1(c);
5. Contracted for use in the completion of a public work any subcontractor or independent contractor required to register under the Act who is not so registered or has utilized a subcontractor who has subcontracted his or her work to any subcontractor or independent contractor who is not so registered; or
6. Failed to respond to a request to produce records, forms or documents or failed to cooperate or has interfered with a designee of the Commissioner in the course of a departmental investigation.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 62 - PUBLIC WORKS CONTRACTOR REGISTRATION › Subchapter 2 - PUBLIC WORKS CONTRACTOR REGISTRATION › Section 12:62-2.5 - Administrative penalties

Current through Register Vol. 56, No. 14, July 15, 2024
Any or all of the administrative penalties set forth in N.J.A.C. 12:60-9.3 for violations of the "Prevailing Wage Act," 34:11-56.2 5 et seq., may also be imposed by the Commissioner or his or her designee upon a finding that a registrant or applicant or an officer, partner, director, stockholder, or agent of the applicant or registrant has at any time committed any of the acts set forth at 12:62-2.4(a).