New Jersey Administrative Code

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. 34:11-56a et seq., and the rules promulgated thereunder. Notes N…

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.…

(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 mad…

(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 th…

(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 Commissione…

(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 requir…

(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 w…

(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 compl…

(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)…

(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 upo…

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. 2018, c. 10. "Benefit year" means the period of 12 consecutive months established by an employer in which an employee shall…

(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…

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…

(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 p…

(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 separa…

(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 medi…

(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 ben…

(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 of…

The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. "ADA" means the Americans with Disabilities Act, 42 U.S.C.A. § 12101 et seq. "Agency" means the New Jersey Department of Labor. "Designated d…

(a) These rules are adopted by the agency in satisfaction of the requirements of the ADA and regulations promulgated pursuant thereto, 28 C.F.R. 35.107. (b) The purpose of these rules is to establish a designated coordinator whose duties shall include assuring that the agency com…

In addition to any other advice, assistance or accommodation provided, a copy of the following notice shall be given to anyone who inquires regarding the agency's compliance with the ADA or the availability of accommodation which would allow a qualified individual with a disabili…

(a) The designated coordinator of ADA compliance and complaint investigation for the agency is: ADA Coordinator New Jersey Department of Labor CN 110 Trenton, New Jersey 08625 (b) All inquiries regarding the agency's compliance with the ADA and the availability of accommodation w…

A grievance alleging that the agency has failed to comply with the ADA or has acted in a way that is prohibited by the ADA shall be submitted either in writing or orally to the designated ADA coordinator identified in N.J.A.C. 12:7-3.1 within 30 days of the grievant becoming awar…

(a) A grievance submitted pursuant to this subchapter may be submitted in or on the form set forth at N.J.A.C. 12:7-4.3. (b) A grievance submitted pursuant to this subchapter shall include the following information: 1. The name of the grievant and/or any alternate contact person …

The following form may be utilized for the submission of a grievance pursuant to this subchapter: Americans with Disabilities Act Grievance Form Date: ..................................................................... Name of grievant: .........................................…

(a) Upon receipt of a grievance submitted pursuant to this subchapter, the designated ADA coordinator will notify the grievant of the receipt of the grievance and the initiation of an investigation into the matter. The designated ADA coordinator will also indicate a date by which…

(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…

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 desig…

(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 em…

No employer shall discharge or in any way retaliate against or penalize any employee because such employee requests or takes protected leave. Notes N.J. Admin. Code § 12:70-1.4 Adopted by 52 N.J.R. 1673(b), effective 8/10/2020

(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, …

(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.…

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. Notes N.J. Admin. Code § 12:70-1.7 Adopted by 52 N.J.R. 1673(b), effective 8/10/2020

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 i…

(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. Notes N.J. Admin. Code § 12:71-1.1 Adopted by 53 N.J.R. 534(a), effective 4/5/2021…

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 telep…

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 in…

(a) Each employer with a call center in New Jersey must maintain a staffing level capable of handling no less than 65 percent of customer volume of telephone calls, emails, or other electronic communications originating in New Jersey or an account with a service address in New Je…

(a) When the staffing level of a call center falls below the amount required at N.J.A.C. 12:71-2.1, the employer shall, before the close of business on the fifth business day following the then-current six-month period, provide notice to the Commissioner using the form made avail…

(a) When the Commissioner finds that an employer has violated the notification requirements set forth at N.J.A.C. 12:71-2.2, the Commissioner is authorized to assess and collect administrative penalties in an amount not to exceed $ 7,500 for each day the employer fails to provide…

(a) The Commissioner shall compile and maintain a list and shall update that list on a monthly basis, of all employers that provide notification pursuant to N.J.A.C. 12:71-2.2 and of those employers who, following investigation by the Department, are determined to have violated t…

(a) An employer who is included on the list at N.J.A.C. 12:71-4.1s hall be ineligible to receive any direct or indirect State grant, guaranteed loan, tax benefit, or any other financial support for the period of time that the employer is on the list, except that the employer's in…

(a) Whenever the Department shall find cause to place an employer on the list pursuant to N.J.A.C. 12:71-4.1, or to impose an administrative penalty pursuant to N.J.A.C. 12:71-3.1, it shall notify the employer in writing of the reason for the action taken and provide the opportun…

(a) In making or awarding any contract for call center services, where the call center services contracted for are not ancillary to the delivery of another service or good, a State department or agency making or awarding the contract shall give a preference to any qualified busin…

(a) The purpose of this chapter is to implement N.J.S.A. 34:8D-1 through 7, and 10 (the Act), which set forth workplace protections, as well as temporary help service firm and third-party client responsibilities, that are enforced by the Department of Labor and Workforce Developm…

(a) No temporary help service firm or third-party client, or agent of a temporary help service firm or third-party client, shall retaliate through discharge or in any other manner against a temporary laborer for exercising any rights granted the temporary laborer pursuant to N.J.…

(a) When the Commissioner finds that a temporary help service firm has violated any requirement(s) set forth at N.J.S.A. 34:8D-3 or N.J.A.C. 12:72-3, the Commissioner is authorized to assess and collect an administrative penalty against the temporary help service firm for each vi…