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

34:11-56.57 Regulations. 10. The commissioner may adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this act. L.1999,c.238,s.10.

34:11-56.58 Prevailing wage levels for certain employees. 1. a. It is declared to be the public policy of this State to establish prevailing wage levels for the employees of contractors and subcontractors furnishing building services for any property or premises owned or leased b…

34:11-56.59 Definitions relative to prevailing wage levels for certain employees. 2. As used in this act: "Commissioner" means the Commissioner of Labor and Workforce Development or the commissioner's duly authorized representatives. "Building services" means any cleaning or buil…

34:11-56.6. Violations of act Any employer who willfully violates any provision of this act, or who discharges or in any other manner discriminates against any employee because such employee has made any complaint to his or her employer, the commissioner, or any other person, or …

34:11-56.60 Contract to contain provision for prevailing wage, building services rates. 3. Every contract to furnish building services for any property or premises owned or leased by the State shall contain a provision stating the prevailing wage for building services rates that …

34:11-56.61 Record of employee wages, benefits. 4. Each contractor and subcontractor shall keep an accurate record showing the name, classification, and actual hourly rate of wages and any benefits paid to each worker employed by him to perform building services pursuant to a Sta…

34:11-56.62 Civil action to recover prevailing wage. 5. Any worker paid less than the prevailing wage for building services and covered airport or related location workers to which the worker is entitled by the provisions of this act may recover in a civil action the full amount …

34:11-56.63 Authority of commissioner. 6. The commissioner shall have the authority to: a. investigate and ascertain the wages of any employees of a contractor or subcontractor furnishing building services for any property or premises owned or leased by the State, or of any cover…

34:11-56.64 Violations; fines, penalties. 7. Any contractor or subcontractor, or covered airport or related location employer, who willfully hinders or delays the commissioner in the performance of the commissioner's duties in the enforcement of this act, or fails to make, keep, …

34:11-56.65 Alternative, additional sanctions, penalties. 8. 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 thi…

34:11-56.66 Retaliation against complaining worker; offense, other sanctions, fines, penalties. 9. Any contractor or subcontractor, or covered airport or related location employer, who discharges or in any other manner discriminates against any worker because the worker has made …

34:11-56.67 Collective bargaining rights unaffected. 10. Nothing in this act shall be deemed to interfere with, impede, or in any way diminish the right of workers to bargain collectively through representatives of their own choosing in order to establish wages in excess of any a…

34:11-56.68 Severability. 11. 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.2005,c.379,s.11.

34:11-56.69 Rules, regulations. 12. 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.2005,c.379,s.12.

34:11-56.7. Failure to furnish records; interference with commissioner in performance of duties Any employer who willfully fails to furnish required records and information to the commissioner upon request, or who falsifies such records or who hinders, delays, or otherwise interf…

34:11-56.70 Special license authorizing employment at less than prevailing wage for building services rates. 13. For any occupation for which prevailing wage for building services rates are established by or pursuant to this act, the commissioner or the Director of Wage and Hour …

34:11-56.70a Covered airport, related location workers paid prevailing rate. 9. Not earlier than September 1, 2021, every covered airport or related location employer shall pay a covered airport or related location worker a wage of not less than the prevailing wage rate applicabl…

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) …