New Jersey Administrative Code

(a) On any day that a temporary laborer who is employed by the temporary help service firm is not placed with a third-party client or otherwise contracted to work, the temporary help service firm shall provide to the temporary laborer, upon the temporary laborer's request, writte…

(a) It shall be the responsibility of the temporary help service firm to make the assignment notification statement required pursuant to N.J.A.C. 12:72-3.1, the notices required pursuant to N.J.A.C. 12:72-3.2 and 3.3, and the written confirmation required pursuant to N.J.A.C. 12:…

(a) A temporary help service firm shall keep the following records with regard to each assignment of a temporary laborer to work in a designated classification placement: 1. The name and address of the temporary laborer; 2. The name, address, and telephone number of the third-par…

(a) A third-party client shall keep the following records with regard to each temporary laborer assigned by a temporary help service firm to work in a designated classification placement for the third-party client: 1. The name, address, and telephone number of each worksite to wh…

(a) All records maintained by the temporary help service firm pursuant to N.J.A.C. 12:72-4.1 shall be open to inspection by the Commissioner during normal business hours. (b) All records listed at N.J.A.C. 12:72-4.1(a), with the exception of the records listed at N.J.A.C. 12:72-4…

A temporary help service firm shall not require a temporary laborer to use transportation provided by the temporary help service firm or by another provider of transportation services. Notes N.J. Admin. Code § 12:72-5.1 Adopted by 56 N.J.R. 1852(c), effective 9/16/2024

A temporary help service firm or a third-party client, or a contractor or agent of either, shall not charge a fee to a temporary laborer to transport the temporary laborer to or from the worksite. Notes N.J. Admin. Code § 12:72-5.2 Adopted by 56 N.J.R. 1852(c), effective 9/16/202…

(a) A temporary help service firm shall not refer a temporary laborer to any person for transportation to or from a worksite, unless that person is either: 1. A public mass transportation system; or 2. Providing the transportation at no fee to the temporary laborer. (b) For the p…

(a) If a temporary help service firm provides transportation to a temporary laborer or refers a temporary laborer to any person for transportation to a worksite, the temporary help service firm shall not allow a motor vehicle to be used for the transporting of the temporary labor…

(a) Unless the temporary laborer requests otherwise, when a temporary laborer has been transported to a worksite, the temporary help service firm or a third-party client, or a contractor or agent of either, shall provide transportation back to the point of hire at the end of each…

(a) A temporary help service firm shall be prohibited from placing any restriction on a temporary laborer from either, accepting a permanent position with a third-party client to which the temporary help service firm has assigned the temporary laborer to perform work, or acceptin…

(a) A temporary help service firm may charge a placement fee to a third-party client when the third-party client employs a temporary laborer who had been assigned by the temporary help service firm to perform work for the third-party client. (b) The placement fee at (a) above sha…

Any temporary laborer assigned to work at a third-party client in a designated classification placement shall not be paid less than the average rate of pay and average cost of benefits, or the cash equivalent thereof, of employees of the third-party client performing the same or …

(a) At the time that the temporary help service firm contracts with the third-party client for the services of the temporary laborer, the third-party client shall provide to the temporary help service firm a listing of the hourly rate of pay and cost per hour of benefits for each…

(a) The following principles should be applied when determining whether a temporary laborer and an employee of the third-party client are performing substantially similar work: 1. Substantially similar work should be viewed as a composite of skill, effort, and responsibility perf…

A temporary help service firm may deduct from the wages of a temporary laborer the actual market value of unreturned reusable equipment that was provided to the temporary laborer by the temporary help service firm; provided that the temporary laborer authorizes the deduction, in …

When a temporary help service firm makes available for purchase by a temporary laborer any equipment, clothing, accessories, or other items that are not required by the nature of the work, either by law, custom, or as a requirement of the third-party client, the temporary help se…

(a) A temporary help service firm shall not charge a temporary laborer for a meal not consumed by the temporary laborer and, if consumed, shall charge no more than the actual cost of the meal. (b) A temporary help service firm shall not condition the employment of a temporary lab…

No temporary help service firm or third-party client shall charge a temporary laborer for the expense of conducting a consumer report, as that term is defined in the Fair Credit Reporting Act (15 U.S.C. §§ 1681 et seq.), a criminal background check, or a drug test. Notes N.J. Adm…

(a) At the time the temporary help service firm pays the temporary laborer their wages, the temporary help service firm shall provide the temporary laborer with a detailed itemized statement, either on the temporary laborer's paycheck stub, or using the form made available at tha…

(a) For the temporary laborer who is assigned to work a single day (as opposed to a multi-day assignment), the third-party client shall, at the end of the work day, provide the temporary laborer with a work verification, using the form made available at that time on the Departmen…

(a) Within a reasonable time after the preceding calendar year, but in no case later than February 1 of the current calendar year, a temporary help service firm shall provide a temporary laborer with an annual earnings summary for the preceding calendar year. (b) At the time the …

(a) At the request of a temporary laborer, a temporary help service firm shall hold the daily wages of the temporary laborer and provide the temporary laborer with bi-weekly payments. (b) The bi-weekly payment pursuant to (a) above shall be made by the temporary help service firm…

(a) With regard to all payment of wages by a temporary help service firm to a temporary laborer, the temporary help service firm shall adhere to the requirements at N.J.A.C. 12:55-2.4 for employers regarding time and mode of wage payments, which includes, but is not limited to, t…

For work performed by a temporary laborer in the position described on the assignment notification statement that is provided to the temporary laborer by the temporary help service firm at the time of dispatch pursuant to N.J.A.C. 12:72-3.1, the temporary help service firm shall …

(a) When a temporary help service firm has contracted with a third-party client for a temporary laborer to perform work at a worksite of the third-party client and the temporary laborer is not utilized (that is, the temporary laborer does not work), the temporary help service fir…

(a) The purpose of this chapter is to implement N.J.S.A. 34:1A-1.16, which empowers the Commissioner, under certain circumstances, to post to a list of persons prohibited from contracting with any public body on the Department of Labor and Workforce Development's website, the nam…

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 the Commissioner's duly authorized representa…

(a) Where a person has been found to be in violation of any State wage, benefit, or tax laws and where a final order has been issued against that person by the Commissioner, or other appropriate agency officer, for a violation of any State wage, benefit, or tax laws, the Departme…

(a) The purpose of this subchapter is to implement P.L. 2021, c. 166 (N.J.S.A. 34:15D-33 and 34), which states that, as a precondition to the award to a person of direct business assistance from the Department, and as a precondition for the Department to report to another State a…

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) As a precondition to the award of direct business assistance from the Department, and as a precondition for the Department to report to another State agency or entity that a business is in substantial good standing, the Office shall determine whether the person has any outsta…

(a) The purpose of this subchapter is to ensure that each person receiving direct business assistance from the Department is obligated for the full term of any contract with the Department for receipt of the direct business assistance to ensure that the person incurs no liability…

(a) Each contract for direct business assistance from the Department shall contain a provision stating that sufficient grounds exist for immediate termination of the contract by the Department if, at any time during the term of the contract, the person contracting with the Depart…

This chapter shall be known and may be cited as N.J.A.C. 12:90, Boilers, Pressure Vessels and Refrigeration. Notes N.J. Admin. Code § 12:90-1.1

These rules are promulgated pursuant to the authority of the Operating Engineers and Firemen Licensing Act, N.J.S.A. 34:7-1 et seq. and the Boiler, Pressure Vessel and Refrigeration Act, N.J.S.A. 34:7-14 et seq. Notes N.J. Admin. Code § 12:90-1.2

(a) The purpose of this chapter is to provide reasonable standards for: 1. The protection of life and property in the use of boilers, pressure vessels and refrigeration systems; and 2. The licensing of engineers and boiler operators. Notes N.J. Admin. Code § 12:90-1.3 Amended by …

(a) This chapter shall apply to: 1. The design, construction, alteration, repair, operation, use and inspection of boilers, pressure vessels and refrigeration systems; and 2. The examination and licensing of operating engineers, boiler operators and operators of long boom cranes.…

The availability of standards and publications referred to in this chapter is explained in N.J.A.C. 12:90-9. Notes N.J. Admin. Code § 12:90-1.5 Amended by R.1996 d.588, effective 12/16/1996. See: 28 New Jersey Register 4060(a), 28 New Jersey Register 5224(a). Changed N.J.A.C. ref…

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 § 12:90-1.6

(a) The full title and edition of each of the standards and publications incorporated by reference in this chapter, as amended and supplemented, are as follows: 1. ASME--Boiler and Pressure Vessel Code, 2013 edition. 2. BOCA National Mechanical Code, 1993 edition, specifically in…

A copy of each of the standards and publications referred to in this chapter is on file and may be inspected at the following office of the Division of Public Safety and Occupational Safety and Health between the hours of 9:00 A.M. and 4:00 P.M. on regular working days: New Jerse…

(a) Copies of the standards and publications referred to in this chapter may be obtained from the organizations listed below. The abbreviations that precede these standards and publications have the following meanings, and are the organizations issuing the standards and publicati…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. "Act" ("Inspection Act") means the Boiler, Pressure Vessel and Refrigeration Act, N.J.S.A. 34:7-14 et seq. "Act" ("Licensing Act") means th…

This subchapter shall apply to the administrative functions required to be performed by the owner or user of any boiler, pressure vessel or refrigeration system within the scope of this chapter, including, without limitation, model steam boilers. Notes N.J. Admin. Code § 12:90-3.…

(a) This section shall apply to the duties of persons licensed in accordance with this chapter. (b) Licensed persons on watch shall give constant attention and remain within sight and/or natural sound of high pressure boilers and refrigeration plants or be stationed in a control …

(a) Each person involved with equipment within the scope of this chapter including, among others, engineers, contractors, suppliers, owners, or operators shall: 1. Be conversant with this chapter; 2. Have all required certificates and licenses posted in a conspicuous place and av…

(a) Except as provided in (c) below, all inspectors shall be issued a Certificate of Competency after satisfactorily passing an examination based on this chapter and the references provided in N.J.A.C. 12:90-9. This Certificate of Competency is valid only while the inspector is i…

(a) All Certificates of Competency shall be issued initially for a period of at least one year, expiring on December 1 of the following year. (b) When applying for the renewal of a Certificate of Competency, the authorized inspection agency or owner/user inspection agency shall s…

(a) For the purpose of examination or inspection of any boiler, pressure vessel, refrigeration plants, power plant or other equipment, the Commissioner may enter such premises at all reasonable hours in accordance with N.J.S.A. 34:1-15. (b) Any person, corporation or firm violati…