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

34:11-4.9 Duties of commissioner. 9. a. The commissioner shall enforce and administer the provisions of this act and the commissioner or his authorized representatives are empowered to investigate charges of violations of this act. b. The commissioner or his authorized representa…

34:11-56.1. Definitions. 1. As used in this act: a. "Employee" includes any person, either male or female, employed by an employer, but shall not include persons performing volunteer service for nonprofit organizations or corporations nor persons employed on a farm or in a hotel.…

34:11-56.10. Partial invalidity The provisions of this act shall be construed as severable and if any part be held unconstitutional, or for any other reason invalid, the remaining parts shall not be affected thereby. L.1952, c. 9, p. 48, s. 10.

34:11-56.100 Prevailing wage rates. 2. Not less than the prevailing wage rate for a worker's craft or trade, as determined by the Commissioner of Labor and Workforce Development pursuant to P.L.1963, c.150 (C.34:11-56.25 et seq.), shall be paid to a worker employed in the perform…

34:11-56.101 Contractor requirements. 3. a. A contractor shall not perform work on a data center construction project unless the contractor: (1) is registered and in compliance with "The Public Works Contractor Registration Act," P.L.1999, c.238 (C.34:11-56.48 et seq.); (2) has n…

34:11-56.102 Project labor agreement; State and local community interests. 4. A data center construction project designed to have an annual electrical usage of 25 megawatts or greater after construction may include a project labor agreement with the labor organizations with colle…

34:11-56.11. Effective date This act shall take effect July first, one thousand nine hundred and fifty-two. L.1952, c. 9, p. 48, s. 11.

34:11-56.12 Notification to certain employees. 1. a. Every employer in this State, with 50 or more employees, shall conspicuously post notification, in a place or places accessible to all workers in each of the employer's workplaces, in a form issued by regulation promulgated by …

34:11-56.13 Short title. 1. This act shall be known and may be cited as the "Diane B. Allen Equal Pay Act." L.2018, c.9, s.1.

34:11-56.14 Report to commissioner; terms defined. 5. a. Any employer, regardless of the location of the employer, who enters into a contract with a public body to provide qualifying services to the public body shall provide a report to the Commissioner of Labor and Workforce Dev…

34:11-56.2. Discrimination in pay based on sex prohibited No employer shall discriminate in any way in the rate or method of payment of wages to any employee because of his or her sex. A differential in pay between employees based on a reasonable factor or factors other than sex …

34:11-56.25. Public policy It is declared to be the public policy of this State to establish a prevailing wage level for workmen engaged in public works in order to safeguard their efficiency and general well being and to protect them as well as their employers from the effects o…

34:11-56.26 Definitions. 2. As used in this act: (1) "Department" means the Department of Labor and Workforce Development of the State of New Jersey. (2) "Locality" means any political subdivision of the State, combination of the same or parts thereof, or any geographical area or…

34:11-56.27 Prevailing wage rate required in contract. 3. a. Every contract in excess of the prevailing wage contract threshold amount for any public work to which any public body is a party or for public work to be done on property or premises owned by a public body or leased or…

34:11-56.27a Lowest bidder of public work contract, proof of prevailing wage rates payment; rules, regulations. 1. a. If a person makes the lowest bid for a contract with a public body for public work subject to the provisions of the "New Jersey Prevailing Wage Act," P.L.1963, c.…

34:11-56.28 Specification of prevailing wage rate by craft in contract. 4. The public body, any lessee to whom the public body is leasing a property or premises and any lessor from whom the public body is leasing or will be leasing a property or premises awarding any contract for…

34:11-56.29. Record of wages paid by contractor and subcontractor 5. a. Every contractor and subcontractor shall keep an accurate record showing the name, craft or trade, and actual hourly rate of wages paid to each worker employed by him in connection with public work and such r…

34:11-56.3. Enforcement of act The Commissioner of Labor and Industry shall have the power and it shall be his duty to carry out and enforce the provisions of this act. L.1952, c. 9, p. 46, s. 3.

34:11-56.30. Establishment of prevailing wage rate by commissioner The commissioner shall determine the prevailing wage rate and forthwith shall establish the prevailing wage in the locality in which the public work is to be performed for each craft or trade or classification of …

34:11-56.31 Powers of commissioner. 7. The commissioner shall have the authority to: (a) investigate and ascertain the wages of workmen employed in any public work or other work for a public body in the State; (b) enter and inspect the place of business or employment of any emplo…

34:11-56.32. Posting of prevailing wage rates; mandatory orientation meeting. 8. Contractors and subcontractors performing public work of a public body subject to the provisions of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.) shall: a. Post the pr…

34:11-56.33 Filing of written statements of amounts due workers; database of certified payroll information. 9. (a) Before final payment is made by or on behalf of any public body or before any lessee to whom the public body is leasing a property or premises or any lessor from who…

34:11-56.34 Notice of failure to pay prevailing wages; protest by worker. 10. (a) The fiscal or financial officer of any public body, the lessee to whom the public body is leasing a property or premises or the lessor from whom the public body is leasing or will be leasing a prope…

34:11-56.35 Penalties, stop-work orders. 11. (a) Any employer who willfully hinders or delays the commissioner in the performance of his duties in the enforcement of this act, or fails to make, keep, and preserve any records as required under the provisions of this act, or falsif…

34:11-56.36. Alternative sanction for payment of wages due 12. As an alternative to any other sanctions or in addition thereto, herein or otherwise provided by law for violation of this act, the commissioner is authorized to supervise the payment of amounts due to workers under t…

34:11-56.37 List relative to contractors performing prevailing wage public work; database of certified statements. 13. a. In the event that the commissioner shall determine, after investigation, that any contractor or subcontractor has failed to pay the prevailing wage he shall t…

34:11-56.38 Prohibition against award of contract to non-complying contractors; definition; presumption. 14. The public body awarding any contract for public work, or otherwise undertaking any public work, or entering into a lease or agreement to lease pursuant to which public wo…

34:11-56.39. Penalty for discrimination 15. Any employer who discharges or in any other manner discriminates against any worker because the worker has made any complaint to his employer, to the public body or to the commissioner that he has not been paid wages in accordance with …

34:11-56.4. Inspection of records; obtaining of information The commissioner, or his authorized representative, shall have the power to enter the place of employment of any employer to inspect and copy payrolls and other employment records, to compare character of work and skills…

34:11-56.40. Action for recovery of full amount of prevailing wage If any workman is paid by an employer less than the prevailing wage to which such workman is entitled under the provisions of this act such workman may recover in a civil action the full amount of such prevailing …

34:11-56.41. Collective bargaining; effect of act Nothing in this act shall be deemed to interfere with, impede, or in any way diminish the right of workmen to bargain collectively through representatives of their own choosing in order to establish wages in excess of any applicab…

34:11-56.42. Partial invalidity If any provision of this act, or the application thereof to any person or circumstance, is held invalid, the remainder of the act and the application thereof, to other persons or circumstances shall not be affected thereby. L.1963, c. 150, s. 18.

34:11-56.43. Rules and regulations The commissioner is hereby 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.1963, c. 150, s. 19.

34:11-56.44. Short title This act shall be known as the "New Jersey Prevailing Wage Act." L.1963, c. 150, s. 20.

34:11-56.45. Repeal of inconsistent acts All acts and parts of acts are repealed insofar as they are inconsistent herewith. L.1963, c. 150, s. 21.

34:11-56.46. Effective date This act shall take effect January 1, 1964. L.1963, c. 150, s. 22.

34:11-56.47. Action for damages permitted by certain persons bidding on public contracts; conditions; definitions 1. a. Any person who submits a bid directly to a public body for a contract for any public work subject to the provisions of the "New Jersey Prevailing Wage Act," P.L…

34:11-56.48 Short title. 1. This act shall be known and may be cited as "The Public Works Contractor Registration Act." L.1999,c.238,s.1.

34:11-56.49 Findings, declarations relative to public works contractors. 2. The Legislature finds and declares that: a. There is growing concern over the increasing number of construction industry workers on public works projects laboring under conditions which violate State labo…

34:11-56.5. Regulations, power to make The commissioner shall have the power to issue such regulations, not inconsistent with the purpose and provisions of this act, as he deems necessary or appropriate for the efficient administration thereof. L.1952, c. 9, p. 46, s. 5.

34:11-56.50 Definitions relative to public works contractors. 3. As used in chapter 11 of Title 34 of the Revised Statutes: "Apprenticeship Agreement" means a written agreement, complying with 29 C.F.R. s.29.7, between an apprentice and either the apprentice's program sponsor, or…

34:11-56.51 Registration required for contractors, subcontractors. 4. a. No contractor shall bid on any contract for public work as defined in section 2 of P.L.1963, c.150 (C.34:11-56.26), or for which payment of the prevailing wage is required by any other provision of law, unle…

34:11-56.51a Subcontractor duties. 7. Subcontractors of a contractor registered pursuant to P.L.1999, c.238 (C.34:11-56.48 et seq.) are not required to register under that act if they do not perform work at any construction site subject to that act. L.2021, c.423, s.7.

34:11-56.52. Contractor, register, electronically, form, requisites. 5. a. A contractor shall register electronically with the department on an online form provided by the commissioner. The form shall require the following information: (1) The name, principal business address and…

34:11-56.53 Nonrefundable registration fees. 6. a. The contractor shall pay an initial annual non-refundable registration fee of $500 to the commissioner. The non-refundable registration fee for the second annual registration shall be $500. Upon successful completion of two conse…

34:11-56.54 Issuance of certificate of registration. 7. Upon receipt of the fee, form and documentation required by section 5 of this act, and upon a finding that the applicant for the certificate of registration has met all of the requirements set forth at section 5 of P.L.1999,…