Title 34, Title 34: LABOR AND WORKMEN'S COMPENSATION

34:11-56.70b Designation of supplemental benefits rate, paid leave requirements. 10. On August 1, 2021 and each August 1 thereafter, the commissioner shall designate the supplemental benefits rate and paid leave requirements required under the determinations made by the General S…

34:11-56.70c Rules, regulations. 11. The commissioner, in consultation with the Department of Transportation and the Attorney General, shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), within six months o…

34:11-56.72 Findings, declarations relative to a skilled and trained workforce in certain construction work. 1. The Legislature finds and declares that: a. The use of unskilled and untrained workers at chemical manufacturing and processing facilities that generate, store, treat, …

34:11-56.73 Definitions relative to a skilled and trained workforce in certain construction work. 2. As used in this act: "Apprenticeship program" means a registered apprenticeship program providing to each trainee combined classroom and on-the-job training under the direct and c…

34:11-56.74 Use of skilled and trained workforce by owner, operator; exemptions. 3. a. An owner or operator of a stationary source that is engaged in activities described in Code 324110, 325110, 325180, or 325199 of the North American Industry Classification System, as that code …

34:11-56.75 Curriculum for approved advanced safety training. 4. The State Office of Apprenticeship, in consultation with the Department of Environmental Protection and the Commission on Higher Education, shall approve a curriculum of in-person classroom and laboratory instructio…

34:11-56.76 Rights, powers, duties. 5. For the purpose of implementing the provisions of sections 1 through 4 of P.L.2020, c.65 (C.34:11-56.72 through C.34:11-56.75), the Commissioner of Labor and Workforce Development shall, and a worker employed in the performance of work subje…

34:11-56.77 Definitions relative to waterfront prevailing wage standards. 1. For the purposes of this act: "Applicable waterfront prevailing wage rates" means the wage rates paid by virtue of the multiemployer collective bargaining agreements with waterfront employers in the Port…

34:11-56.78 Longshoreman's rate of wages. 2. Any waterfront employer who employs longshoremen at a waterfront facility shall pay each longshoreman a rate of wages not less than the applicable waterfront prevailing wage rate. Every waterfront employer employing longshoremen at wat…

34:11-56.79 Determination, establishment, publicizing of waterfront prevailing wage rates. 3. The commissioner shall determine, establish and make public the waterfront prevailing wage rates for each waterfront facility and for each classification of longshoremen working at the f…

34:11-56.8. Actions by or on behalf of employees; damages If any employee, because of his or her employer's violation of the provisions of section two of this act, is discriminated against in the payment of wages, such employee may recover in a civil action the full amount of the…

34:11-56.80 Authority of commissioner. 4. The commissioner shall have the authority to: a. investigate and ascertain the wages of longshoremen employed in any waterfront facility in the State; b. enter and inspect the place of business or employment of any waterfront employer emp…

34:11-56.81 Posting of waterfront prevailing wage rates. 5. Waterfront employers employing longshoremen at waterfront facilities shall post the waterfront prevailing wage rates for each classification involved as determined by the commissioner, including the effective date of any…

34:11-56.82 Filing complaint with commissioner. 6. Any longshoreman or representative of longshoremen may file with the commissioner a written complaint that the amount of wages paid for work performed by the longshoreman at a waterfront facility is less than the applicable water…

34:11-56.83 Violations relative to performance of duties by the commissioner. 7. a. Any waterfront employer who willfully hinders or delays the commissioner in the performance of his duties in the enforcement of this act, or who fails to make, keep, and preserve any records as re…

34:11-56.84 Waterfront employer's payment to commissioner. 8. As an alternative to, or in addition to, any other sanctions provided by law for violation of this act, the commissioner is authorized to supervise the payment of amounts due to longshoremen under this act, and the wat…

34:11-56.85 Debarment list. 9. If the commissioner determines that a waterfront employer has on more than one occasion failed to pay the waterfront prevailing wage, the commissioner shall add the name of the waterfront employer to a debarment list established and maintained by th…

34:11-56.86 Financial assistance, contract restrictions by public body. 10. No public body shall approve, fund, authorize, or administer, or otherwise provide financial assistance to a waterfront facility, by means of any new or renewed agreement to do so, without first ascertain…

34:11-56.87 Penalty for discharging complaining longshoreman. 11. Any waterfront employer who discharges or in any other manner discriminates against any longshoreman because the longshoreman has made any complaint to his waterfront employer, to a representative of the longshorem…

34:11-56.88 Recovery of funds by longshoreman. 12. If any longshoreman is paid by a waterfront employer less than the waterfront prevailing wage to which the longshoreman is entitled under the provisions of this act, or suffers discharge or other discrimination in violation of se…

34:11-56.89 Immunity. 13. Nothing in this act shall be deemed to interfere with, impede, or in any way diminish the right of longshoremen to bargain collectively through representatives of their own choosing in order to establish wage rates that are different than wage rates set …

34:11-56.9. Notice of alleged violation; hearing If complaint shall be made to the commissioner, or if he shall have reason to believe that any provision of this act has been violated, he may cause notice of such alleged violation to be given to the alleged violator, giving the p…

34:11-56.90 Registration form for waterfront employer. 14. Except for waterfront employers located in the Port of New York district, no waterfront employer shall be permitted to operate in New Jersey, unless it is registered with the department as a waterfront employer on a form,…

34:11-56.91 Registration fee. 15. The waterfront employer shall pay an initial annual non-refundable registration fee of $300 to the commissioner. The non-refundable registration fee for the second annual registration shall be $300. Upon successful completion of two consecutive y…

34:11-56.92 Registration of contractor operating on the effective date of this act. 16. A contractor who is operating on the effective date of this act shall submit the registration application form and fee to the Commissioner within 30 days of the effective date of this act. L. …

34:11-56.93 Use of registration fees. 17. Registration fees collected pursuant to this act shall be applied toward the enforcement and administration costs of the division. L. 2021, c.336, s.17.

34:11-56.94 Certificate of registration issuance. 18. Upon receipt of the fee, form and documentation required by sections 14 and 15 of this act, the commissioner shall issue a certificate of registration to the waterfront employer. A registration certificate shall be valid for o…

34:11-56.95 Submission of waterfront employer's certificate to public body. 19. Each waterfront employer shall, as a condition to receipt of any financial assistance from a public body, submit to the public body the waterfront employer's certificate of registration and the certif…

34:11-56.96 Commissioner's authorization of sanctions. 20. a. The commissioner is authorized, as an alternative to or in addition to any other sanctions or remedies provided by this act, to take the actions indicated in subsection b. of this section if a waterfront employer: (1) …

34:11-56.97 Rules, regulations. 21. The commissioner is authorized and empowered to prescribe, adopt, promulgate, rescind and enforce rules and regulations as may be required for the administration and enforcement of the provisions of this act. L. 2021, c.336, s.21.

34:11-56.98 Severability. 22. The provisions of this act shall be deemed to be severable and if any section, subsection, paragraph, sentence or other part of this act is declared to be unconstitutional or preempted by federal law, or the applicability thereof to any person or fac…

34:11-56.99 Definitions relative to data center construction. 1. As used in this act: “Commissioner” means the Commissioner of Labor and Workforce Development. “Contractor” means any general contractor or subcontractor performing work on a data center construction project. “Data …

34:11-56a. Minimum wage level; establishment It is declared to be the public policy of this State to establish a minimum wage level for workers in order to safeguard their health, efficiency, and general well-being and to protect them as well as their employers from the effects o…

34:11-56a1 Definitions relative to minimum wages. 2. As used in this act: (a) "Commissioner" means the Commissioner of Labor and Workforce Development. (b) "Director" means the director in charge of the bureau referred to in section 3 of this act. (c) "Wage board" means a board c…

34:11-56a10. Powers of wage board A wage board shall have power to administer oaths and to require by subpoena the attendance and testimony of witnesses, the production of all books, records, and other evidence relative to matters under investigation. Such subpoena shall be signe…

34:11-56a11. Presentation of evidence and information to wage board; witnesses The commissioner or the director shall present to a wage board promptly upon its organization all the evidence and information in the possession of the commissioner or director relating to the wages of…

34:11-56a12. Rules of evidence and procedure The commissioner and the wage board in establishing a minimum fair wage, shall not be bound by technical rules of evidence or procedure, but may consider all relevant circumstances affecting the value of the service or class of service…

34:11-56a13. Recommendations of wage board The report of the wage board shall recommend minimum fair wage rates, on an hourly, daily or weekly basis for the employees in the occupation or occupations for which the wage board was appointed. The wage board may recommend establishme…

34:11-56a14. Submission of report of wage board Within 60 days of its organization a wage board shall submit to the commissioner a report including its recommendations as to minimum fair wage standards for the employees in the occupation or occupations the wage standards of which…

34:11-56a15. Acceptance or rejection of report by commissioner On submission of the report of a wage board the commissioner shall within 10 days confer with the director and accept or reject the report. If he rejects the report, he shall resubmit the matter to the same wage board…

34:11-56a16. Approval or disapproval of report following public hearing; effective date of wage order Within 10 days after the hearing the commissioner shall confer with the director and approve or disapprove the report of the wage board. If the report is disapproved the commissi…

34:11-56a17. Special certificates or licenses for employment at wages less than minimum (a) The commissioner, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by regulation provide for the employment of learners, apprentices and stude…

34:11-56a18. Modification of wage order At any time after a minimum fair wage order has been in effect for 1 year or more, the commissioner may, on his own motion, after conferring with the director, and shall, on petition of 50 or more residents of the State, reconsider the mini…

34:11-56a19. Additions or modifications to administrative regulations; hearing; notice The commissioner may, from time to time after conference with the director and without reference to a wage board, propose such modifications of or additions to any administrative regulations is…

34:11-56a2. Bureau for administration of act; director and assistants The commissioner shall maintain a bureau in the department to which the administration of this act, and of any minimum wage orders or regulations promulgated hereunder, shall be assigned, said bureau to consist…

34:11-56a20. Records of wages and hours 21. Every employer of employees subject to this act shall keep a true and accurate record of the hours worked by each and the wages paid by him to each and shall furnish to the commissioner or the director or their authorized representative…