New Jersey Administrative Code

The following words and terms which apply to the supported employment program have the following meanings unless the context clearly indicates otherwise: "Competitive employment" means work in the competitive labor market that is performed weekly on a full-time basis or on a part…

(a) Supported employees shall receive the same wages and benefits as non-disabled co-workers in similar job titles. (b) The organization shall seek jobs for development in a variety of occupational categories which have opportunities for advancement, pay increases, benefits and i…

(a) The organization shall develop a mission statement that describes in broad terms the organization's purpose, whom it serves, and general areas of service. These must be consistent with the purposes stated in legal documents. It shall be sufficiently broad to allow for modific…

(a) The organization's policy shall reflect its commitment to recruit, manage, develop and retain appropriate personnel to meet the needs of the people served and contribute to the accomplishment of the organization's mission in conformance with CARF, Section 1, Article E. (b) Pr…

(a) Supported employment is employment or employment-related services provided for people with disabilities within an industrial/business community setting and is intended to maintain or result in paid employment in the community. Such services are designed to enable the person s…

(a) The organization shall develop employment opportunities based upon the individual's preferences, interests, abilities, capabilities and needs. The organization shall assist the person served to: 1. Understand and manage the financial and personal impact of supported employmen…

(a) The organization shall have a mechanism in place for informing consumers of all supported employment service options, their outcomes and timeframes for initiation and completion of service. (b) Within the organization's target population(s) as defined by funders, the organiza…

(a) Career planning and development for individuals who are clients of the Division of Vocational Rehabilitation Services requires the active involvement of the Division's Rehabilitation Counselor as the goals established and the objectives required become an integral part of the…

(a) The organization shall have a marketing strategic plan that has specific objectives related to employment outcomes which contains strategies for implementation, identification of staff responsible for the plan and materials which are respectful and image enhancing. (b) The or…

(a) The organization shall assist the consumer in benefit planning including accessing Social Security work incentives such as the PASS and IRWE. (b) The organization shall provide support employment services utilizing two support phases: 1. The intensive support phase immediatel…

(a) The rehabilitation organization or its parent organization will be, or will be part of, a legal entity with a charter and by-laws which are in accordance with those legal requirements, which in the case of a for profit entity affect its status as a business under the laws of …

(a) Each not-for-profit rehabilitation organization shall establish a governing entity which consists of no less than seven people and is broadly representative of the community and reflect the major areas of activities in which the organization is engaged. 1. The governing entit…

(a) The governing entity will appoint an executive director or equivalent. It will formally state his or her relationship to the governing entity or its designated authority and duties, and delegate to him or her in writing such authority and responsibility as is necessary to dir…

(a) There will be a staff organization under the executive director which sets forth lines of authority, responsibility, and communication in accordance with policies established by the governing entity. The organizational structure will be designed to promote efficient and effec…

(a) The rehabilitation organization's accounting system will follow the standards established by the Commission on Accreditation of Rehabilitation Facilities and the American Institute of Certified Public Accountants (AICPA) Audit Guide for Audits of Voluntary Health and Welfare …

(a) Vocational evaluation is a comprehensive, individualized and systematic process in which an individual, in partnership with the evaluator and DVRS counselor, learns to identify vocational options consistent with his or her abilities, capabilities, preferences and interests an…

(a) The rehabilitation organization will maintain a current description of the tools, forms, and materials used for the vocational evaluation process, noting when such tools are utilized. DVRS may contract with an organization for a short term evaluation utilizing a valid commerc…

(a) Short-term comprehensive vocational evaluation is an individualized, timely, and systematic process, lasting from three to five days, in which a person seeking employment, in partnership with the evaluator and the DVRS counselor, learns to identify viable vocational options a…

(a) Work adjustment training (WAT) is a comprehensive, individualized service that assists persons seeking employment to develop or reestablish skills, attitudes, personal characteristics, work behaviors, functional capacities, to achieve the identified integrated employment outc…

(a) Time limited job coaching is the provision of support by a job coach to an individual with a disability in an integrated, competitive job setting. This program is intended for those who require intensive individual training at the work site, but who, once they have learned th…

(a) Basic qualifications for professional job coaches are that the individual shall have an AA degree from an accredited college in the Human Services field, or three years of related experience. If the job coach is to serve individuals whose primary language is American Sign Lan…

(a) The organization shall have a policy for orientation of new staff members, staff members moving to new positions, volunteers, and trainees/interns, including orientation to the organization's purpose. (b) The organization shall define and provide for the orientation and ongoi…

The organization has a written procedure that identifies alternate individuals to ensure that the job coaching service is provided in the absence of designated job coaching staff. Notes N.J. Admin. Code § 12:51-6.4

(a) An employment skills training service is an organized, formal training program that assists a person seeking employment to acquire the skills necessary for a specific job or family of jobs. Formal skills training programs can be provided at job sites or within formal and orga…

In order to vend a skill training program by a community-based organization, it is necessary to acquire approval from the New Jersey Department of Labor and Workforce Development. In those instances where some other Department has approval authority, the appropriate approval from…

(a) Extended (sheltered) employment is a program designed to provide long term employment by the community rehabilitation program of a client/worker who is presently unable to work in the competitive labor market as provided for in N.J.S.A. 34:16-40(e). The program has available …

The organization approved to provide extended employment services shall be responsible for the submission of a quarterly statistical report 14 calendar days after the close of each quarter. This report will be submitted on Form RSW-1 to be supplied by the Division of Vocational R…

(a) Contractor's accounting records are required to include the following information: 1. Individual client attendance records summarizing periodically on a calendar basis the number of days the client is present and absent, and the reason. The scheduled "working day" of a facili…

Contracts will comply with all applicable State and Federal wage and hour regulations including the possession of all certificates legally required and on a current basis. Notes N.J. Admin. Code § 12:51-8.4 Amended by R.1991 d.604, effective 12/16/1991. See: 23 New Jersey Registe…

(a) Annual reevaluation and ongoing services to extended (sheltered) employees is the responsibility of the vocational rehabilitation facility. This activity is supported by DVRS under the funding of the Sheltered Workshop Act of 1971, N.J.S.A. 34:16-39 et seq. The Division shall…

(a) Psycho-social rehabilitation is a structured program of vocational preparation which endeavors to: 1. Discover and develop the individual's strengths and assets; 2. Build positive and adaptive skills; and 3. Increase and extend the individual's repertoire of skilled behavior …

(a) A vocational readiness assessment (VRA) is designed as a short-term period of time during which a program evaluates the readiness of a client to engage in and benefit from a variety of vocational services. A determination is made at the end of this short-term assessment that …

(a) The primary purpose of a rehabilitation assessment is to evaluate the client's present level of skilled performance and to ascertain the level of skilled performance needed to live, learn and work in his or her community with adequate support. (b) The ultimate outcome of reha…

(a) The IPE will be formulated with the consumer, the case manager and the DVRS counselor and will describe the means by which the client will progress from the present level of skilled performance to the needed level of skill performance. (b) Each IPE will specify long-range and…

(a) Vocational development training is a process of increasing and extending the individual's repertoire of performance skills (behaviors) in the physical, emotional and intellectual areas of functioning for the purpose of providing the individual with the living, learning and wo…

(a) Transitional work experience is a realistic experience in the community that allows the client to test his or her employment skills in a real work setting. This can be either subsidized or unsubsidized and may take the form of the transitional employment, formal volunteer sit…

(a) Job maintenance is a stabilization process after job placement has occurred to assist the client in maintaining the job he or she has acquired. During this service, problems that the client and the employer experience can be resolved with the assistance of the center professi…

(a) The purpose of this chapter is to establish rules to effectuate N.J.S.A. 34:11-4.1 et seq., an act regarding the payment of wages. (b) The chapter is applicable to: 1. Wages and hours subject to the Act; 2. Wages paid to an employee for services rendered; and 3. Time and mode…

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. "Act" means N.J.S.A. 34:11-4.1 et seq., an act regarding the payment of wages. "Check-deposit-return fee" means a charge which results from …

(a) The Commissioner shall enforce and administer the provisions of the Act and the Commissioner or his or her authorized representatives are empowered to investigate charges of violations of the Act. (b) The Commissioner or his or her authorized representatives are empowered to …

Any employer who knowingly and willfully violates any provision of P.L. 1965, c.173 (N.J.S.A. 34:11-4.1 et seq.) shall be guilty of a disorderly persons offense and, upon conviction for a violation, shall be punished by a fine of not less than $ 100.00 nor more than $ 1,000. Each…

(a) The employer shall pay the Commissioner an administrative fee on all payments of gross amounts due employees pursuant to N.J.S.A. 34:11-4.1 et seq. (b) A schedule of fees is as follows: 1. First violation--10 percent of the amount due the employee; 2. Second violation--18 per…

(a) As an alternative or in addition to any other sanctions provided for in N.J.S.A. 34:11-4.1 et seq. when the Commissioner finds that an employer has violated the Act, the Commissioner is authorized to assess and collect an administrative penalty in the amounts that follow: 1. …

(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…

(a) When the Commissioner assesses an administrative penalty under N.J.A.C. 12:55-1.6, the employer shall have the right to a hearing under (b) below. (b) No administrative penalty shall be levied pursuant to this subchapter unless the Commissioner provides the alleged violator w…

(a) No employer may withhold or divert any portion of an employee's wages unless: 1. The employer is required or empowered to do so by New Jersey or United States law; or 2. The amounts withheld or diverted are for: i. Contributions authorized either in writing by employees, or u…

(a) Each employer may use a payroll deduction as a means of providing mass transportation commuter tickets only if the payroll deduction has been authorized by the employee in writing or in a collective bargaining agreement. (b) Each employer that uses a payroll deduction as set …

(a) Each employer may institute a system whereunder a portion of an employee's salary is withheld as an installment payment against any financial obligation by that employee to the State of New Jersey. (b) Any employer who institutes such a repayment plan pursuant to (a) above sh…

(a) All final payment of wages following the termination or voluntary leaving of employment shall be completed within 10 days from the end of the work period for which such wages are earned, in compliance with N.J.S.A. 34:11-4.2. (b) When any employee is suspended as a result of …

(a) For purposes of this section, a foreign jurisdiction means a sister state or any municipality or other subdivision of a sister state which imposes a tax on the income or wages of nonresidents employed in New Jersey. (b) Each New Jersey employer who employs nonresidents may, f…