New Jersey Administrative Code

(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…

Notes N.J. Admin. Code § 12:60-4.3 Amended by R.1998 d.182, effective 4/6/1998. See: 30 N.J.R. 17(a), 30 N.J.R. 1292(a). Changed the division reference. Recodified to N.J.A.C. 12:60-4.2 by R.2009 d.260, effective 8/17/2009. See: 41 N.J.R. 1157(a), 41 N.J.R. 3091(c). Section was "…

(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 d…

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 apprentices…

(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 contra…

(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 es…

(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 differen…

(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 provi…

The following words and terms, when used in this subchapter, 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 designee. "Contractor" means a p…

(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 preva…

(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 N.J.S.A. 34:11-56.37 and 34:11-56.38; 3. The specific details of the violations referring to employe…

The Department shall provide the State Treasurer with the names of all persons debarred and the effective date and period of debarment, if any. Notes N.J. Admin. Code § 12:60-7.5

(a) The purpose of this subchapter is to establish rules to effectuate N.J.S.A. 34:11-56.25 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 …

(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 thi…

(a) As an alternative to or in addition to any other sanctions provided for in N.J.A.C. 12:60-8.2, pursuant to N.J.S.A. 34:11-56.25 et seq. when the Commissioner finds that an employer has violated that Act, the Commissioner is authorized to assess and collect administrative pena…

(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…

(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) 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 he…

(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 acco…

(a) The purpose of this subchapter is to establish rules to effectuate N.J.S.A. 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…

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 …

(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…

(a) The employer shall pay the Commissioner an administrative fee on all payment of gross amounts due employees pursuant to N.J.S.A. 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 attac…

(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) 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 thereu…

(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 (N.J.S.A. 34:11-56.48 et seq.). The Act establishes a unified procedure for the registration …

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: "Act" means "The Public Works Contractor Registration Act" (P.L. 1999, c. 238; N.J.S.A. 34:11-56.4 8 et seq.) and the rules promulgated the…

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 delegat…

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. Notes N.J. Admin. Code § 12:62-…

(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 N.J.S.…

(a) Upon receipt of the fee, a fully completed form and all documentation required under N.J.A. C. 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…

(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…

(a) As an alternative to or in addition to sanctions provided in N.J.A.C. 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 …

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,"N.J.S.A. 34:11-56.25 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…

(a) Whenever the Department shall find cause to deny, suspend or revoke a certificate of registration, to require the posting of a surety bond pursuant to N.J.A.C. 12:62-2.4(d), or to impose an administrative penalty pursuant to N.J.A.C. 12:62-2.5, it shall notify the registrant …

The purpose of this chapter is to ensure that employees receive adequate notification from their employers of changes to or termination of employer-sponsored health benefits plans. Notes N.J. Admin. Code § 12:63-1.1

This chapter shall apply to employers and employees as those terms are defined within N.J.A.C. 12:63-1.3. Notes N.J. Admin. Code § 12:63-1.2

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. "Carrier" or "health insurer" means any entity subject to the insurance laws and regulations of this State, or subject to the jurisdiction …

(a) Where an employer who provides a health benefits plan to its employees in this State is terminating the health benefits plan, the employer shall provide notice of the plan termination to all employees covered by the health benefits plan at least 30 calendar days prior to the …

(a) Where an employer who provides a health benefits plan to its employees in this State is changing the health benefits plan, the employer shall provide notice of the plan change to all employees covered by the health benefits plan on or before the end of the first scheduled wor…

(a) The Compliance Officer shall enter without delay and at reasonable times any establishment or field site of any employer where work is performed by an employee if there is reason to believe that a violation of this chapter has occurred or is occurring and to conduct such inve…

(a) Any violations of any of the provisions of this chapter shall be punishable by a monetary penalty in the following amounts: 1. First violation - Not more than $200.00 per employee covered by the health benefits plan; and 2. Second and subsequent violations - $200.00 per emplo…

(a) No penalty shall be levied pursuant to N.J.A.C. 12:63-4.1 unless the alleged violator is provided with: 1. Notification of the violation; 2. Notification of the amount of the penalty to be imposed; and 3. An opportunity to request a formal hearing. (b) A request for a formal …

The purpose of this chapter is to establish prevailing wage levels for workers employed or engaged by contractors furnishing building services for any property or premises owned or leased by the State in order to safeguard the efficiency and general well-being of those workers an…

(a) This chapter shall apply to contractors who have contracted with the State to furnish building services for any property or premises owned or leased by the State. (b) This chapter shall apply to building services workers who are employed or engaged by contractors who have con…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: "Act" means the State Building Service Contracts Act, P.L. 2005, c. 379, N.J.S.A. 34:11-56.58 et seq., and the rules promulgated in accorda…

(a) The contractor and the contracting State agency shall ensure that each contract entered into between a contractor and a contracting State agency to furnish building services for any property or premises owned or leased by the State shall contain the following provisions:1. A …

(a) Where, during a given workweek, a worker performs work in multiple job classifications and two or more "prevailing wages for building services" are applicable to the separate classes of work performed, the contractor must pay the worker the highest of such "prevailing wages f…

Where a collective bargaining agreement has established a higher rate of compensation than the applicable "prevailing wage for building services," the affected worker or workers shall receive the higher rate of compensation set forth in the collective bargaining agreement. Notes …

(a) Each contractor shall keep an accurate payroll record for each worker performing building services pursuant to a State contract. (b) Each contractor shall preserve the records maintained under (a) above for a period of two years from the date of payment of the monetary wages …