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

34:8-46. Cases where act not applicable The provisions of this act shall not apply to: a. A teachers' registry conducted by an association of certified teachers, whose membership is not less than 10 certified teachers, incorporated as a nonprofit organization under the laws of Ne…

34:8-47. Application for employment agency license a. An application for an employment agency license required by this act shall be made in writing to the chief in the form prescribed by the director. The application shall state the complete address, including street and number, …

34:8-48. Application for agent's license; cancellation of license; issuance of new license; conditional license a. An application for an agent's license shall state the name and address of the applicant and any other name used by the applicant in the last six years, the name of t…

34:8-49. Posting of bond as surety; suit on bond; revocation of license a. Before an employment agency license is issued, the applicant shall post with the director a bond in the amount of $10,000, with a duly authorized surety company as surety, to be approved by the director. b…

34:8-50. Annual fees Any license issued in accordance with this act shall be issued upon an annual basis. The fees therefor shall be nonrefundable and shall be charged as follows: a. Employment agency license. . . . . . . . . . $250 b. Agent's license . . . . . . . . . . . . . . …

34:8-51. Requirements a. Every employment agency shall: (1) Keep and make available to the chief, or a designee, during regular business hours, records containing information regarding services provided, products sold to job seekers or employers, and fees charged or collected, an…

34:8-52. Violations It shall be a violation of the provisions of this act for any person to: a. Open, conduct, or maintain, either directly or indirectly, an employment agency or perform any of the functions of an employment agency without first obtaining a valid employment agenc…

34:8-53. Refusal or revocation; suspension; renewal The director may refuse to issue, and may revoke, any license for failure to comply with, or violation of, the provisions of this act or for any other good cause shown, within the meaning and purpose of this act. A refusal or re…

34:8-54. Powers of director To accomplish the objectives and carry out the duties prescribed by this act, the director may issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry, promulgate rules and…

34:8-55. Investigation Whenever it appears to the director that a person has engaged in, is engaging in, or is about to engage in, any practice declared to be unlawful by this act, or whenever the director believes it to be in the public interest that an investigation should be m…

34:8-56. Service of notice or subpoena Service by the director of any notice requiring a person to file a statement or report, or of a subpoena upon the person, shall be made personally within this State, but if this cannot be done, substituted service may be made in the followin…

34:8-57. Order from Superior Court If a person fails or refuses to file any statement or report requested by the director, or obey any subpoena issued by the director, the director may seek and obtain an order from the Superior Court: a. Adjudging the person in contempt of court;…

34:8-58. Injunction; other court actions a. Whenever it appears to the director that a person has engaged in, is engaging in, or is about to engage in, any practice which is a violation of the provisions of this act, the director may seek and obtain in a summary action in the Sup…

34:8-59. Action authorized after finding of violation Whenever it appears to the director that a person has engaged in, is engaging in, or is about to engage in, any practice which is a violation of the provisions of this act, the director may hold hearings on the violation and u…

34:8-60. Penalties for violation of cease and desist order Whenever it appears to the director that a person against whom a cease and desist order has been entered has violated the order, the director may bring a summary proceeding in the Superior Court based upon the violation. …

34:8-61. Additional penalties In addition to any other penalty provided by law, a person who violates any of the provisions of this act shall be liable for a penalty of not more than $2,000 for the first offense and not more than $5,000 for the second and each subsequent offense.…

34:8-62. Director to recover attorneys' fees and costs In any action or proceeding brought under this act the director may recover reasonable attorneys' fees and costs of investigation and suit. L.1989, c.331, s.21.

34:8-63. Certificate of indebtedness to clerk Upon the failure of a person to comply within 10 days after service of any order of the director directing payment of penalties, costs, attorneys' fees, reimbursement, or restoration of moneys or property, the director may issue a cer…

34:8-64. Registration of consulting firm; revocation; suspension a. Every consulting firm operating within this State shall, within 60 days following the effective date of this act and annually thereafter, register in writing with the chief on a form prescribed by regulation. b. …

34:8-65. Registration of career consulting or outplacement organization; fee; bond; explanation of product or services; cancellation of contract; complaint a. Every career consulting or outplacement organization operating within this State shall, within 60 days following the effe…

34:8-66. Registration of prepaid computer job matching service or job listing service; annual fee; bond; contract; refund conditions; violations a. Every prepaid computer job matching service or job listing service operating or providing services or products within this State sha…

34:8-67 Definitions relative to employee leasing companies. 1. For the purposes of this act: "Assurance organization" means an independent and qualified entity approved by the commissioner to certify the qualifications of an employee leasing company or employee leasing company gr…

34:8-68 Provision of leasing agreements. 2. a. Every employee leasing agreement shall provide that the employee leasing company: (1) Reserves a right of direction and control over each covered employee assigned to the client company's location. However, a client company may retai…

34:8-68.1 Responsibilities of client company. 6. a. Except to the extent otherwise expressly provided by an applicable employee leasing agreement, a client company shall be solely responsible for the quality, adequacy, or safety of the goods or services produced or sold in the cl…

34:8-69 Relationship between leasing company, client company. 3. The employee leasing company and the client company shall not be owned or controlled by the same interests or be a part of a "controlled group of corporations" as that term is defined in section 1563 of the federal …

34:8-70 Registration of leasing company. 4. a. An employee leasing company shall register with the commissioner and provide a list of its client companies with covered employees in this State, both upon the initial registration of the employee leasing company, and thereafter, ann…

34:8-71 Registration, annual reporting. 5. a. (1) Every initial registration and subsequent annual reporting shall be accompanied by a financial statement prepared in accordance with generally accepted accounting principles and audited by an independent certified public accountan…

34:8-72 Co-employment of covered employees. 6. a. An employee leasing company registered under this act and the respective client companies with which it has entered into employee leasing agreements shall be the co-employers of their covered employees for the payment of wages and…

34:8-73 Actions upon entry, dissolution of leasing agreement. 7. a. Upon entering into the employee leasing agreement: (1) If the employee leasing company acquires the client company's total workforce, the employee leasing company shall report wages and pay contributions pursuant…

34:8-74 Calculation of unemployment benefit experience. 8. The employee leasing company shall provide to each client company, upon signing of an employee leasing agreement, written disclosure as to the method to be utilized for calculation of unemployment benefit experience contr…

34:8-75 Inapplicability to temporary help service firms, unit operating as cooperative. 9. a. The provisions of this act shall not apply to temporary help service firms, as defined in section 1 of P.L.1989, c.331 (C.34:8-43), or farm labor crew leaders who are subject to P.L.1971…

34:8-76 Noncompliance, rescinding of registration. 10. a. If an employee leasing company fails to comply with any of the requirements set forth in this act, the department may rescind the registration of that employee leasing company, thereby also rescinding the employee leasing …

34:8-77 Compliance with C.17:22A-1 et seq. 11. Nothing in this act shall exempt an employee leasing company or any employee thereof from compliance with the provisions of P.L.1987, c.293 (C.17:22A-1 et seq.) if its activities fall within the scope of that act or any regulation pr…

34:8-78 Rules, regulations. 12. The commissioner shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate those rules and regulations necessary to effectuate the purposes of this act. L.2001,c.260,s.12.

34:8-79. Information provided to patients receiving home care services regulated by Division of Consumer Affairs 2. a. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Commissioner of Health and Senior Services,…

34:8A-10. Duties of crew leader In addition to any other responsibilities imposed by law upon the crew leader, he shall: a. Keep records of place of work, gross payments, deductions, and names and addresses of all workers to whom payments are made, in those instances where a crew…

34:8A-10.1. Retaliatory action against worker for exercise of legal right; prohibition; presumption; liability It shall be unlawful for any crew leader to terminate, suspend, demote, transfer, or take adverse action against any past, present or prospective seasonal farm worker in…

34:8A-11. Refusal to renew, revocation or suspension of certificate; hearing; notice; grounds The commissioner may refuse to renew and may revoke or suspend any certificate of registration after a hearing upon reasonable notice if the applicant: a. Fails to comply with the provis…

34:8A-11.1. Duties of commissioner The commissioner or his designated representative shall investigate and gather data with respect to matters which may aid in carrying out the provisions of this act. In any case in which a complaint has been filed with the commissioner regarding…

34:8A-12. Penalties 6. Any person who violates any of the provisions of this act or of the rules and regulations promulgated hereunder shall be a disorderly person and upon conviction, for each violation, shall be punished by a fine of not less than $100 and not more than $1,000,…

34:8A-13. Violation of act; injunction; parties Upon a violation of any of the provisions of this act, any aggrieved seasonal farm worker, the commissioner or the Attorney General are specifically authorized to institute a civil action in a court of competent jurisdiction for inj…

34:8A-14. Additional penalties 8. In addition to any other sanctions herein or otherwise provided by law, the commissioner, upon notice and hearing, may impose a penalty not exceeding $500.00 for any violation of this act or of any rule or regulation duly issued hereunder. Such p…

34:8A-15. Commissioner of department of labor and industry; enforcement of act; promulgation of rules and regulations The Commissioner of the Department of Labor and Industry is specifically authorized to enforce the provisions of this act and to promulgate all rules and regulati…

34:8A-16. Agreement by employee to waive or modify rights; invalidity Any agreement by an employee purporting to waive or to modify his rights hereunder, shall be void as contrary to public policy. L.1975, c. 49, s. 8, eff. April 7, 1975.

34:8A-17. Severability If any provision of this act, or the application thereof to any person or circumstances, shall be held invalid, the remainder of the act and the application of such provision to other persons or circumstances shall not be affected thereby. L.1975, c. 49, s.…

34:8A-7. Definitions As used in this act: a. "Crew leader" means any person who transports, recruits, supplies or hires farm or food processing laborers and who, for any money or other valuable consideration paid, anticipated or promised to be paid, directly or indirectly by any …