New Jersey Administrative Code

(a) The Commissioner shall have the authority to: 1. Inspect and copy books, registers, payrolls or other records that relate to or affect monetary wages, fringe benefits, hours and other conditions of work for building services workers; 2. Question, privately, any employee or ma…

(a) Violations of the Act shall occur when a contractor: 1. Willfully hinders or delays the Commissioner in the performance of the duties of the Commissioner in the enforcement of the Act; 2. Fails to make, keep and preserve any records as required under the provisions of the Act…

(a) As an alternative to or in addition to any other sanctions provided for in N.J.A.C. 12:64-4.1, when the Commissioner finds that a contractor has violated the Act, the Commissioner may assess and collect administrative penalties in the amounts that follow: 1. First violation -…

(a) The Commissioner may supervise the payment of amounts due to workers under the Act, and the contractor may be required to make these payments to the Commissioner to be held in a special account in trust for the worker, and paid on order of the Commissioner directly to the wor…

(a) When the Commissioner makes an award of back pay, he or she may also award interest in the following situations:1. When a contractor has unreasonably delayed compliance with an order of the Commissioner to pay monetary wages or fringe benefits owed to a worker; 2. Where an eq…

(a) No assessment of monetary wages, fringe benefits, 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 monetary wages, fringe benefits, fees and/or …

(a) A contractor who discharges or in any other manner discriminates against any worker because such worker has made any complaint to the contractor, to the contracting State agency, the State Treasurer, or to the Commissioner that the worker has not been paid monetary wages or f…

The purpose of this subchapter is to set forth both the standard and procedure for the issuance by the Commissioner of a stop-work order and the release of same under N.J.S.A. 34:20-7c through 7f. Notes N.J. Admin. Code § 12:65-1.1

The provisions of this subchapter shall apply to each "employer" as that term is defined in N.J.A.C. 12:65-1.3. Notes N.J. Admin. Code § 12:65-1.2

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: "Act" means N.J.S.A. 34:20-1 et seq., the Construction Industry Independent Contractor Act. "Commissioner" means the Commissioner of Lab…

(a) For a second violation of the provisions of the Act, the Commissioner shall, within 72 hours of the violation of the provisions of the Act, issue a stop-work order requiring the cessation of all business operations of the violator at every site at which the violation of the p…

(a) For a third or subsequent violation of the provisions of the Act, the Commissioner shall, within 72 hours of the violation of the provisions of the Act, issue a stop-work order requiring the cessation of all business operations of the violator. (b) The stop-work order in (a) …

(a) The Commissioner shall issue an order releasing the stop-work order upon a showing by the employer against whom the stop-work order has been issued under either N.J.A.C. 12:65-1.4 or 1.5 that: 1. The employer against whom the stop-work order has been issued is properly classi…

(a) Where the Commissioner has conditioned the release of a stop-work order upon the filing of periodic reports for a two-year probationary period under N.J.A.C. 12:65-1.6(b), the periodic report shall consist of the following, which shall be filed by the employer with the Divisi…

The purpose of this subchapter is to set forth both the standard and procedure for the issuance by the Commissioner of a stop-work order and the release of same pursuant to N.J.S.A. 34:20-7.1. Notes N.J. Admin. Code § 12:65-2.1 Adopted by 55 N.J.R. 308(a), effective 2/21/2023…

The provisions of this subchapter shall apply to each "employer," as that term is defined at N.J.S.A. 34:20-3. Notes N.J. Admin. Code § 12:65-2.2 Adopted by 55 N.J.R. 308(a), effective 2/21/2023

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. "Department" means t…

(a) If the Commissioner determines, after either an initial determination resulting from an audit of a business or an investigation, pursuant to N.J.S.A. 34:20-7.1(a), that an employer is in violation of any State wage, benefit, and tax laws, including, but not limited, to a viol…

(a) An employer who is subject to a stop-work order pursuant to this subchapter may request a hearing before the Director, in writing, within 72 hours of its receipt of the stop-work order. (b) A request for a hearing pursuant to (a) above, shall not automatically stay the effect…

(a) The purpose of this chapter is to establish prevailing wage levels for workers employed by any contractor engaged in construction work on a public utility. (b) This chapter also establishes that any contractor referred to in (a) above shall employ, on the site, only individua…

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. 2007, c. 343 and the rules promulgated in accordance therewith, that is this chapter. "Commissioner" means the Commissione…

(a) The contractor and the public utility shall ensure that each contract entered into between a contactor and a public utility for construction work on a public utility shall contain the following provisions: 1. A provision setting forth the prevailing wages that are applicable …

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

Where a collective bargaining agreement has established a higher rate of compensation than the applicable prevailing wage, the affected worker or workers shall receive the higher rate of compensation set forth in the collective bargaining agreement. Notes N.J. Admin. Code § 12:66…

(a) Each contractor shall keep an accurate payroll record for each worker performing construction work on a public utility. (b) Each contractor shall preserve the records maintained under (a) above for a period of two years from the date of payment of the wages. (c) The records m…

(a) The Commissioner 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 work for workers who perform construction work on a public utility; 2. Question privately, any employee …

(a) Violations of the Act shall occur when a contractor: 1. Willfully hinders or delays the Commissioner in the performance of his or her duties in the enforcement of the Act; 2. Fails to make, keep and preserve any records as required under the provisions of the Act; 3. Falsifie…

(a) As an alternative to or in addition to any other sanctions provided for in N.J.A.C. 12:66-4.1, when the Commissioner finds that a contractor has violated the Act, the Commissioner may assess and collect administrative penalties in the amounts that follow: 1. First violation--…

(a) The Commissioner may supervise the payment of amounts due to workers under the Act, and the contractor may be required to make these payments to the Commissioner to be held in a special account in trust for the worker, and paid on order of the Commissioner directly to the wor…

(a) When the Commissioner makes an award of back pay, he or she may also award interest in the following situations:1. When a contractor has unreasonably delayed compliance with an order of the Commissioner to pay wages owed to a worker; 2. Where an equitable remedy is required i…

(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 hea…

(a) A contractor who discharges or in any other manner discriminates against any worker because such worker has made any complaint to the contractor, to the public utility or to the Commissioner that the worker has not been paid wages in accordance with the provisions of the Act …

(a) The purpose of this chapter is to effectuate P.L. 2011, c. 40. (b) The chapter is applicable to each employer or employer's agent, representative or designee which publishes in print or on the Internet an advertisement for any job vacancy in the State of New Jersey. Notes N.J…

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. 2011, c. 40. "Commissioner" means the Commissioner of Labor and Workforce Development or his or her designee. "Department" …

(a) A violation of the Act shall occur when, unless otherwise permitted by the provisions of N.J.S.A. 11A or any other law, rule or regulation, an employer or an employer's agent, representative or designee knowingly or purposefully publishes, in print or on the Internet, an adve…

(a) When the Director finds that an employer or employer's agent, representative, or designee has violated the Act, the Director is authorized to assess an administrative penalty against the employer in the amounts that follow: 1. First violation - not more than $ 1,000; 2. Secon…

(a) When the Director assesses an administrative penalty under N.J.A.C. 12:67-1.4, the employer shall have the right to file an appeal with the Commissioner. (b) An appeal must be received by the Commissioner within 15 business days following receipt by the employer of the notifi…

(a) The purpose of this chapter is to effectuate N.J.S.A. 34:6B-11 through 19. (b) The chapter is applicable to all employers and applicants for employment, as those terms are defined in N.J.A.C. 12:68-1.2. Notes N.J. Admin. Code § 12:68-1.1 Adopted by 47 N.J.R. 3034(a), effectiv…

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "A position in corrections" means employment with a State, county, or municipal employer in the supervision of offenders pursuant to sentenc…

(a) A violation of the Act shall occur when an employer requires an applicant for employment to complete any employment application during the initial employment application process that makes any inquiries regarding an applicant's criminal record. (b) A violation of the Act shal…

(a) The provisions of N.J.A.C. 12:68-1.3(a) and (b) shall not prohibit an employer, under any of the following circumstances, from requiring an applicant for employment to complete an employment application during the initial employment application process that makes any inquirie…

(a) When the Director finds that an employer has violated the Act, the Director is authorized to assess an administrative penalty against the employer in the amounts that follow: 1. First violation - not more than $ 1,000; 2. Second violation - not more than $ 5,000; and 3. Third…

(a) When the Director assesses an administrative penalty under N.J.A.C. 12:68-1.5, the employer shall have the right to file an appeal with the Commissioner. (b) An appeal must be received by the Commissioner within 15 business days following receipt by the employer of the notifi…

(a) The purpose of this chapter is to implement P.L. 2018, c. 10 (the Act), which requires that every employer shall provide earned sick leave to each employee working for the employer in New Jersey and which establishes the manner in which such sick leave shall be accrued or adv…

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…

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…