New Jersey Administrative Code

(a) Minors under 16 years of age shall not be employed, permitted or suffered to work in, about, or in connection with power-driven machinery. (b) "Power driven machinery" shall include: 1. Power tools, including but not limited to, power lawn mowers, power woodworking and metal …

(a) Minors under 16 years of age shall not be employed, permitted or suffered to work on or about conveyors and related equipment. (b) "Conveyor" shall mean a horizontal, inclined, or vertical device for moving or transporting bulk materials, packages or objects, in the path pred…

(a) This subchapter shall apply to occupations prohibited to minors under 18 years of age, except as provided in (b) below. (b) This subchapter shall not apply to apprentices and student learners engaged in cooperative vocational educational programs. Notes N.J. Admin. Code § 12:…

(a) "Compactor" shall mean a power operated device designed to join or pack closely together, consolidate or condense material. The term "compactor" shall not include residential type compactors and compacting type garbage trucks provided that 16 and 17 year old minors ride insid…

(a) Minors under 18 years of age shall not be employed, permitted or suffered to work as an operator or helper with circular saws, band saws and guillotine shears. (b) Minors under 18 years of age shall not set-up, adjust, repair, oil, or clean circular saws, band saws and guillo…

(a) Minors under age 18 shall not be employed, permitted or suffered to work in or about slaughtering and meat packing establishments, rendering plants, or wholesale, retail or service establishments in the following occupations: 1. All occupations on the killing floor, in curing…

(a) Minors under 18 years of age shall not be employed, permitted or suffered to work in or about corrosive materials. (b) "Corrosive material" shall mean any substance classified as a corrosive material as defined in N.J.A.C. 12:58-2. Corrosive materials shall mean, among others…

(a) Minors under 18 years of age shall not: 1. Be employed, permitted or suffered to work in indecent or immoral theatrical exhibitions; 2. Work in establishments where the acts of indecent or immoral theatrical exhibitions are performed or shown on screens; 3. Perform in any mov…

(a) Minors under 18 years of age shall not be employed as applicators of pesticides, nor shall such minors be permitted in any area when such pesticides are being applied. (b) Compliance shall be as provided in N.J.S.A. 13:1F-1 et seq., Pesticide Control Act of 1971 and the regul…

Minors under 18 years of age shall not be permitted to service single piece or multi-piece rim wheels. Notes N.J. Admin. Code § 12:58-4.16

(a) Minors under the age of 18 years of age shall not be employed, permitted or suffered to work serving beverages out of any bar service area. 1. "Bar service area" includes, but is not limited to, outside bars at pools or other recreational facilities. Notes N.J. Admin. Code § …

(a) Minors under 18 years of age shall not be employed in construction work, except as provided in (b) below.1. "Construction work" shall mean the erection, alteration, repair, renovation, demolition or removal of any building or structure; the excavation, filling and grading of …

(a) Minors under 18 years of age shall not work in, on, or directly in connection with the following agricultural machinery: 1. Cornpickers; 2. Power driven hay balers; or 3. Power field choppers. Notes N.J. Admin. Code § 12:58-4.3

(a) Minors under 18 years of age shall not be employed in, about, or in connection with a junk or scrap metal yard. (b) "Junk or scrap metal yard" shall mean any place where old iron, metal, paper, cordage and other refuse may be collected and deposited or both and sold or may be…

(a) Minors under 18 years of age shall not be employed in, about or in connection with a disorderly house. (b) "Disorderly house" means a house of prostitution, a brothel or gambling place. Notes N.J. Admin. Code § 12:58-4.5

(a) Minors under 18 years of age shall not be employed, permitted or suffered to work in, about, or in connection with highly inflammable substances. (b) Any employment certificate authorizing the employment of a minor under 18 years of age in any gasoline service station or gara…

(a) Minors under 18 years of age shall not be employed, permitted or suffered to work in any workroom where exposed to radioactive substances or to ionizing radiation. (b) Work where exposed to radioactive substances shall mean work which involves exposure to: 1. Radium is stored…

(a) Minors under 18 years of age shall not be employed, permitted or suffered to work where they may be exposed to carcinogenic substances. (b) "Carcinogenic substance" shall mean and include any material classified as carcinogenic by 29 CFR Part 1910 Subpart Z and as listed belo…

(a) Minors under 18 years of age shall not be employed, permitted or suffered to work in workrooms where they may be exposed to toxic and hazardous substances. (b) "Toxic and hazardous substance" shall mean any material exceeding a threshold limit value listed in the tables of Se…

(a) The purpose of this subchapter is to establish rules to effectuate N.J.S.A. 34:2-21.1 et seq., the New Jersey Child Labor Act (Act), specifically, amended N.J.S.A. 34:2-21.19 which provides sanctions for noncompliance. (b) The chapter is applicable to the employment of minors…

(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. A…

(a) As an alternative to, or in addition to, any other sanctions provided for in N.J.A.C. 12:58-5.2, pursuant to N.J.S.A. 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 pen…

(a) When the Commissioner assesses an administrative penalty under N.J.A.C. 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 viol…

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. Notes N.J. Admin. Code § 12:59-1.1

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. Notes N.J. Admin. Code § 12…

(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…

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. Notes N.J. Admin. Code § 12:59-1.12 Amended by R.1997 d.360, effective 9/2/1997. See: 29 N.J.R. 2621…

Notes N.J. Admin. Code § 12:59-1.13 Reserved by 55 N.J.R. 199(a), effective 2/6/2023

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. Notes N.J. Admin. Code § 12:59-1.2 Amended by 55 N.J.R. 199(a…

The distribution of industrial home work to a home worker can only occur from a factory or business located in New Jersey. Notes N.J. Admin. Code § 12:59-1.3

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. Notes N.J. Admin. Code § 12:59-1.4

(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 …

(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 Compl…

All employers of home workers must provide Workmen's Compensation Insurance coverage for all such home workers. Notes N.J. Admin. Code § 12:59-1.7

(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…

(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 a…

(a) The purpose of this subchapter is to ensure that, except under certain limited circumstances (enumerated at N.J.A.C. 12:6-1.4), the PII of any individual who files a complaint with the Department under any statute enforced by the Department, or under any chapter of Title 12 o…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: "Commissioner" means the Commissioner of the Department of Labor and Workforce Development, or his or her authorized representative. "Depar…

(a) The PII of any individual who files a complaint with the Department under any statute enforced by the Department, or under any chapter of Title 12 of the New Jersey Administrative Code, shall be kept confidential by the Department and shall not be disclosed, except as authori…

(a) Under the following circumstances, the Department shall be permitted to disclose information otherwise prohibited from disclosure pursuant to N.J.A.C. 12:6-1.3(a) or (b): 1. When such disclosure is deemed necessary by the Department for the purpose of administering any statut…

This chapter shall be known and may be cited as N.J.A.C. 12:60, Prevailing Wages for Public Works. Notes N.J. Admin. Code § 12:60-1.1

These rules are promulgated pursuant to the authority of the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq. Notes N.J. Admin. Code § 12:60-1.2

(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 ar…

(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 …

The availability of standards and publications referred to in this chapter is explained in N.J.A.C. 12:60-4. Notes N.J. Admin. Code § 12:60-1.5 Amended by R.2009 d.260, effective 8/17/2009. See: 41 N.J.R. 1157(a), 41 N.J.R. 3091(c). Updated the N.J.A.C. reference.

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. Notes N.J. Admin. Code § 12:60-1.6

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: "Act" means the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq. "Certified payroll record" means a payroll record which is att…

This subchapter establishes the criteria to be used to classify a craft, trade or class of workmen. Notes N.J. Admin. Code § 12:60-3.1

(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 …

The full title and edition of each of the standards and publications referred to in this chapter are as follows: N.J.S.A. 34:11-56.25 et seq., New Jersey Prevailing Wage Act. Notes N.J. Admin. Code § 12:60-4.1