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

34:11-56a5. Administrative regulations; publication; duration For any occupation for which no wage order issued pursuant to section 17 of this act is in effect, the commissioner shall, within 6 months after the rate provided in section 5 is in effect, make such administrative reg…

34:11-56a6. Authority of commissioner and director The commissioner, the director and their authorized representatives shall have the authority to: (a) investigate and ascertain the wages of persons employed in any occupation in the State; (b) enter and inspect the place of busin…

34:11-56a7. Investigation of occupation The commissioner shall have the power, on his own motion, and it shall be his duty upon the petition of 50 or more residents of the State, to cause the director to investigate any occupation to ascertain whether a substantial number of empl…

34:11-56a8. Appointment of wage board; report upon establishment of minimum fair wage rates If the commissioner is of the opinion that a substantial number of employees in any occupation or occupations are receiving less than a fair wage, he shall appoint a wage board as provided…

34:11-56a9. Wage board; membership; quorum; rules and regulations; compensation A wage board shall be composed of not more than 3 representatives of the employers in any occupation, an equal number of representatives of the employees in such occupations and not more than 3 disint…

34:11-57 Definitions. 34:11-57. As used in this article: "Commissioner" means the Commissioner of Labor and Workforce Development or any person or persons in the department designated in writing by him for the purposes of this article. "Community-based organization" means a publi…

34:11-58 Claims; investigation; judgment. 34:11-58. a. An employee may file a claim for wages against an employer under this section or any of the other State wage and hours laws for wages owed related to work performed, including but not limited to wages owed related to unpaid m…

34:11-58.1 Failure of employer to comply. 8. a. If an employer fails to comply with a final determination of the commissioner or a judgment of a court, including a small claims court, made under the provisions of State wage and hour laws or of section 10 of P.L.1999, c.90 (C.2C:4…

34:11-58.2 Joint and several liability for client employer and labor contractor; definitions. 9. a. A client employer and a labor contractor providing workers to the client employer shall be subject to joint and several liability and shall share civil legal responsibility for any…

34:11-58.3 Provision of written copy of statement to employees. 10. Each employer shall provide each current employee and each newly hired employee of the employer, a written copy of the statement produced by the department pursuant to section 11 of P.L.2019, c.212 (C.34:11-58.4)…

34:11-58.4 Actions of department supporting enforcement; statement of employee rights. 11. The department, for the purpose of supporting the enforcement of the provisions of State wage and hour laws and the provisions of section 10 of P.L.1999, c.90 (C.2C:40A-2), may contract wit…

34:11-58.5 Annual report; posting of information. 12. a. The commissioner, in consultation with the Administrative Director of the Courts and the Attorney General, shall compile and prominently place on a website, maintained by the department and available to the public, an annua…

34:11-58.6 Crime of pattern of wage nonpayment. 13. a. A person commits the crime of pattern of wage nonpayment if the person knowingly commits an act that violates the provisions of N.J.S.2C:40A-2, N.J.S.2C:20-2 if the property stolen consists of compensation the employer failed…

34:11-59. Claim docketed; summons; service An employee may file a written claim for wages against an employer in the wage collection division of the department which shall be entered in a book to be called the wage collection docket. Upon the filing of claim, the department shall…

34:11-60. Process to run throughout State; by whom served 34:11-60. Process of the wage collection division shall run throughout the State. Service of process shall be made either by a process server of the department. amended 2023, c.250, s.37.

34:11-61. Commissioner may administer oaths, take testimony, etc.; process in name of commissioner The commissioner shall have power to administer oaths, hear testimony and take or cause to be taken depositions of witnesses residing within or without the state. The summonses, sub…

34:11-62. Set-off; dismissal where balance due defendant exceeds $1,000.00 Set-off; dismissal where balance due defendant exceeds $1,000.00. If the defendant files a set-off against the plaintiff for more than $1,000.00 and at the trial it shall be proved that the balance exceedi…

34:11-63. Appeals, procedure 34:11-63. From any judgment which may be obtained in the wage collection division, except such as shall be given by confession, either party may, upon filing a notice of appeal with the wage collection division within twenty days after judgment shall …

34:11-65. Evidence on appeal Upon the trial of any appeal either party may produce any witness not produced or sworn in the court below, or any documentary evidence not offered or admitted in the court below, if otherwise legal and competent, without notice to the opposite party.…

34:11-66. Jury trial, procedure 34:11-66. Nothing in this article shall prevent the claimant from instituting an action for his claim in any court of competent jurisdiction or be construed to deny or limit the right of the plaintiff or defendant to a trial by jury. Where either p…

34:11-67. Fees and costs 34:11-67. No filing fee shall be charged by the wage collection division, for accepting a wage claim, and no advance fees shall be charged by constables making service of process on wage claims of the wage collection division, nor shall any fee be charged…

34:11-67.1 Owners' responsibility for wage claims against subcontractors. 1. a. (1) For any contract entered into on or after January 1, 2020 for construction, reconstruction, demolition, alteration, maintenance, including painting and decorating, or repair in the State other tha…

34:11-67.2 Severability. 2. If any clause, sentence, paragraph, section or other part of this act shall be adjudged by any court of competent jurisdiction to be invalid, including any judgment made pursuant to R.S.1:1-10 that the part is unconstitutional, invalid, or inoperative,…

34:11-68 Records required relative to collection, transportation of solid waste. 1. a. Every contract with a public body under which a contractor or subcontractor engages in the work of the collection or transportation of solid waste, including any recyclable materials other than…

34:11-69 Findings, declarations. 1. The Legislature finds and declares that: a. Domestic workers provide valuable services in industries such as in-home child care, house cleaning, home care, cooking, gardening, and other household occupations. b. The labor domestic workers provi…

34:11-70 Definitions. 2. As used in P.L.2023, c.262 (C.34:11-69 et al.): "Casual work" means work that is: (1) irregular, uncertain, or incidental in nature and duration; and (2) different in nature from the type of paid work in which the worker is customarily engaged. "Domestic …

34:11-71 Domestic worker, casual work, work less than five hours per month, prohibited unless governed by written contract. 13. a. No hiring entity shall employ or engage a domestic worker, except for casual work or work of less than five hours per month, unless the engagement is…

34:11-72 Domestic worker, uninterrupted paid rest period. 14. a. An employer of a domestic worker shall allow the domestic worker an uninterrupted paid rest period of not less than ten minutes for each four consecutive hours worked, unless the nature of the work prevents the dome…

34:11-73 Live-in domestic worker, work more than six consecutive days, same employer, without 24-hour rest, prohibited. 15. A "live-in" domestic worker shall not be required to work more than six consecutive days for the same employer without a 24-hour period of rest, which may b…

34:11-74 Domestic worker employer, minimum two-week notification before termination; live-in domestic worker employer, minimum four-week notification before termination. 16. a. An employer of a domestic worker shall provide a minimum two-week notification period before terminatio…

34:11-75 Domestic worker, personal records, information, monitoring. 17. No hiring entity shall: a. Keep or hold the original copies of any personal documents of a domestic worker; b. Monitor or record, through any means, the activities of a domestic worker: (1) using any bathroo…

34:11-76 Hiring entity, domestic worker, notification of rights, information, complaint, violation of rights. 18. a. A hiring entity shall provide to a domestic worker notification of the rights of domestic workers under P.L.2023, c.262 (C.34:11-69 et al.), and information on how…

34:11-77 Hiring entity, domestic worker, interfere, restrain, deny exercise of, attempt, rights, prohibited; actions considered retaliation. 19. a. It shall be unlawful for a hiring entity or any other person to interfere with, restrain, or deny the exercise of, or the attempt to…

34:11-78 Guidelines, regulations promulgated. 20. The department shall promulgate appropriate guidelines and regulations to effectuate the purposes of P.L.2023, c.262 (C.34:11-69 et al.). L.2023, c.262, s.20.

34:11-79 Overlapping employment relationship, domestic worker, subject to joint, several liability, concurrent fines, penalties. 21. a. Individuals and employers with an overlapping employment relationship with a domestic worker are subject to joint and several liability, and con…

34:11-80 "Domestic Work Enforcement Program" established. 22. a. The department shall, upon appropriation of funds to the department for purposes of this section, establish and maintain a Domestic Work Enforcement Program in collaboration with qualified organizations. P.L.2023, c…

34:11-81 Construction of act; severability. 23. a. Nothing in P.L.2023, c.262 (C.34:11-69 et al.) shall be construed to diminish any rights or protections granted to domestic workers by any other law. b. If any provision of P.L.2023, c.262 (C.34:11-69 et al.) or its application t…

34:11A-1. Short title This act shall be known and may be cited as the "Construction Workers' Fringe Benefit Security Act." L. 1987, c. 150, s. 1.

34:11A-10. Responsibility for damages If a notice filed pursuant to section 4 of this act is willfully or knowingly in excess of the amounts due the fringe benefit fund, the fund shall be responsible for any damages incurred. L. 1987, c. 150, s. 10.

34:11A-11. Responsibility for costs, fees All costs and fees arising out of the procedures established in section 5 of this act shall be the responsibility of the delinquent party. Where no delinquency is determined, the costs, fees, and damages arising out of the procedures esta…

34:11A-12. Additional remedies The remedies provided pursuant to the act shall be in addition and not in lieu of any other remedies provided under the laws of this State. L. 1987, c. 150, s. 12.

34:11A-13. Notification to employees on coverage for treatment of breast cancer 9. An employer in this State who provides coverage to his employees or their dependents for treatment of breast cancer shall annually and upon request of an employee at other times during the year, no…

34:11A-14 Notification to employees by employers with self-funded health plans 18. An employer who provides a comprehensive self-funded health benefits plan to his employees or their dependents in this State shall annually, and upon request of an employee at other times during th…

34:11A-15 Notification to employees of coverage for biologically-based mental illness. 9. An employer in this State who provides health benefits coverage to his employees or their dependents for treatment of biologically-based mental illness shall annually, and upon request of an…

34:11A-16 Findings, declarations relative to notification with regard to health benefits plans. 1. The Legislature finds and declares that: a. Many employers in this State offer health benefits coverage to their employees under a health benefits plan as an incentive to attract an…

34:11A-17 Notice by employer of termination, change of benefits. 2. An employer that provides a health benefits plan as defined in section 2 of P.L.1997, c.192 (C.26:2S-2) to its employees in this State shall provide, in writing, 30 days' prior notice to those employees before th…