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

34:18-3. Failure to repay security moneys; punishment Any employer who shall fail to pay back to an employee such deposit or security moneys or so much thereof as may be due upon the termination of employment, or in accordance with the provisions of the contract of employment sha…

34:18-4. Contracts waiving statutory provisions void Any contract or agreement between any employer and employee whereby the provisions of section one (1) and two (2) hereof are waived or whereby said employee may agree that any or all sums of money paid by him to his employer as…

34:18-5. "Employer" defined The term employer shall include any individual, or members of firms or partnerships, and all officers of corporations having to do with the management of such corporations or the financial affairs thereof. L.1939, c. 117, p. 426, s. 5.

34:19-1. Short title This act shall be known and may be cited as the "Conscientious Employee Protection Act." L. 1986, c. 105, s. 1, eff. Sept. 5, 1986.

34:19-10 Required participation by employee in meetings, communications prohibited; exception. 2. a. No employer or employer's agent, representative, or designee may, except as provided in subsection b. of this section or section 3 of P.L.2006, c.53 (C.34:19-11), require its empl…

34:19-11 Permitted communication about religious, political matters. 3. a. An employer or its agent, representative or designee may communicate to employees information about religious or political matters that the employer is required by law to communicate, but only to the exten…

34:19-12 Retaliation against complaining employee prohibited. 4. No employer or employer's agent, representative, or designee shall discharge, discipline or otherwise penalize or threaten to discharge, discipline, or otherwise penalize any employee because: a. the employee, or a …

34:19-13 Civil action by aggrieved employee. 5. Any aggrieved employee may enforce the provisions of P.L.2006, c.53 (C.34:19-9 et seq.) by means of a civil action brought no later than ninety days after the date of the alleged violation in Superior Court. The court shall award a …

34:19-14 Construction of act. 6. Nothing in this act shall be construed to limit an employee's right to bring a common law cause of action against an employer for wrongful termination or to diminish or impair the rights of a person under any collective bargaining agreement. L.200…

34:19-15 Notice of employee rights. 6. An employer subject to P.L.2006, c.53 (C.34:19-9 et seq.) shall post a notice of employee rights under P.L.2006, c.53 (C.34:19-9 et seq.) in a conspicuous place reserved for employment-related notices and in a place commonly frequented by em…

34:19-16 Severability. 7. The provisions of P.L.2006, c.53 (C.34:19-9 et seq.) are severable. If any provision of P.L.2006, c.53 (C.34:19-9 et seq.) or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect with…

34:19-2. Definitions 2. As used in this act: a. "Employer" means any individual, partnership, association, corporation or any person or group of persons acting directly or indirectly on behalf of or in the interest of an employer with the employer's consent and shall include all …

34:19-3 Retaliatory action prohibited. 3. An employer shall not take any retaliatory action against an employee because the employee does any of the following: a. Discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employ…

34:19-4. Written notice required The protection against retaliatory action provided by this act pertaining to disclosure to a public body shall not apply to an employee who makes a disclosure to a public body unless the employee has brought the activity, policy or practice in vio…

34:19-5 Civil action, jury trial; remedies. 5. Upon a violation of any of the provisions of this act, an aggrieved employee or former employee may, within one year, institute a civil action in a court of competent jurisdiction. Upon the application of any party, a jury trial shal…

34:19-6. Fees, costs to employer A court, upon notice of motion in accordance with the Rules Governing the Courts of the State of New Jersey, may also order that reasonable attorneys' fees and court costs be awarded to an employer if the court determines that an action brought by…

34:19-7 Posting of notices. 7. An employer shall conspicuously display, and annually distribute to all employees, written or electronic notices of its employees' protections, obligations, rights and procedures under this act, and use other appropriate means to keep its employees …

34:19-8. Other rights, remedies unaffected Nothing in this act shall be deemed to diminish the rights, privileges, or remedies of any employee under any other federal or State law or regulation or under any collective bargaining agreement or employment contract; except that the i…

34:19-9 Definitions relative to employer communications on religious, political matters to employees. 1. For the purposes of P.L.2006, c.53 (C.34:19-9 et seq.): "Employer" means a person engaged in business who has employees, including the State and any political subdivision or o…

34:19-9.1 Findings, declarations. 1. The Legislature finds and declares that freedom of speech is a foundational ideal that is core to this nation's identity. While an employer is free to exercise a right to speech, the law needs to ensure current protections of the right of the …

34:20-1 Short title. 1. This act shall be known and may be cited as the "Construction Industry Independent Contractor Act." L.2007, c.114, s.1.

34:20-10 Severability. 10. 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 the applicability thereof to any person is held invalid, the remainder of thi…

34:20-11 Rules, regulations. 11. The commissioner shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), make and promulgate rules and regulations necessary to implement the purposes of this act. L.2007, c.114, s.11.

34:20-2 Findings, declarations relative to classification of construction employees. 2. The Legislature finds that employers in the construction industry who improperly classify employees as independent contractors deprive these workers of proper Social Security benefits and othe…

34:20-3 Definitions relative to classification of construction employees. 3. For purposes of this act: "Employer" means a partnership, association, joint stock company, trust, corporation, or other legal business entity or successor thereof who is primarily engaged in the busines…

34:20-4 Certain services deemed employment; exceptions. 4. For purposes of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), the "unemployment compensation law," R.S.43:21-1 et seq., the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25…

34:20-5 Improper classification of construction employees, degree of offense, crime; penalties. 5. a. An employer, or any officer, agent, superintendent, foreman, or employee of the employer who fails to properly classify an individual as an employee in accordance with section 4 …

34:20-6 Penalty for knowingly improperly classifying construction employee; debarment. 6. If the Commissioner of Labor and Workforce Development determines, after investigation, that an employer or any officer, agent, superintendent, foreman, or employee of the employer has knowi…

34:20-7 Suspension of contractor's registration; notification, hearing, appeal; stop-work order, civil penalty for continued violation. 7. a. If the Commissioner of Labor and Workforce Development determines, after investigation, that an employer failed to properly classify an in…

34:20-7.1 Determination of compliance; subpoena; stop-work order. 2. a. The Commissioner of Labor and Workforce Development and any agent of the commissioner, upon receipt of a complaint or through a routine investigation for a violation of any State wage, benefit and tax law, as…

34:20-8 Improper classification of construction worker, civil action by employee. 8. a. No employer shall require or request that any individual enter into an agreement or sign a document which results in the misclassification of the individual as an independent contractor or oth…

34:20-9 Discrimination, retaliation prohibited. 9. It shall be unlawful for an employer or any other party to discriminate in any manner or take adverse action against any person in retaliation for exercising rights protected under this act. Rights protected under this act includ…

34:21-1 Definitions relative to prenotification of certain plant closings, transfers and mass layoffs. 1. As used in P.L.2007, c.212 (C.34:21-1 et seq.): "Commissioner" means the Commissioner of Labor and Workforce Development. "Department" means the Department of Labor and Workf…

34:21-10 Maintenance of staffing level of call center. 3. a. Any employer with a call center within the State of New Jersey shall maintain a staffing level capable of handling no less than 65 percent of customer volume of telephone calls, emails, or other electronic communication…

34:21-11 List of employers providing notification. 4. The commissioner shall compile and maintain a list of all employers that provide notification pursuant to section 3 of this act. The commissioner shall update the list on a monthly basis and an employer shall remain on the lis…

34:21-12 Ineligibility for certain employers to receive certain financial benefits. 5. Notwithstanding any other provision of law, rule, or regulation to the contrary, an employer that is added to the list compiled and maintained by the commissioner pursuant to section 4 of this …

34:21-13 Preference for making, awarding contract. 6. Notwithstanding any provision of law, rule, or regulation to the contrary, a State department or agency, in making or awarding a contract for call center services, shall grant a preference for such contract to qualified busine…

34:21-14 Construction of act. 7. Nothing in this act shall be construed to permit the withholding or denial of payments, compensation, or benefits under any State law, including unemployment benefits, disability benefits, or worker retraining or readjustment benefits to workers e…

34:21-15 Rules, regulations. 8. The commissioner shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to identify qualified businesses under section 6 of this act. The rules and regulations shall also set for…

34:21-16 Definitions. 1. As used in this act: "Awarding authority" means any person that awards or enters into a service contract or subcontract, except that the Port Authority of New York and New Jersey shall not be an awarding authority. "Contractor" means any person, including…

34:21-17 Actions required by awarding authority prior to terminating service contract, contracting out services previously performed by covered entity, selling, transferring property, timeline. 2. a. Not less than 15 days before terminating any service contract or contracting out…

34:21-18 Discharged service employee, bring action in court, successor employer, awarding authority, violations, 3. a. A service employee who has been discharged or otherwise not retained in violation of P.L.2023, c.128 (C.34:21-16 et seq.) may bring an action in a court of compe…

34:21-19 Offer of employment, form. 4. The offer of employment required to be provided to an incumbent worker by of section 2 of P.L.2023, c.128 (C.34:21-17) shall be substantially in the form below: DATE: TO: (name of employee) IMPORTANT INFORMATION REGARDING YOUR EMPLOYMENT We …

34:21-2 Requirements for establishments subject to transfer, termination of operations, mass layoffs. 2. If an establishment is subject to a transfer of operations or a termination of operations which results, during any continuous period of not more than 30 days, in the terminat…

34:21-20 Supersede, preempt, rules, regulations, codes, ordinances, worker retention, service employees. 5. P.L.2023, c.128 (C.34:21-16 et seq.) shall supersede and preempt all rules, regulations, codes, or ordinances of any county or municipality with regard to worker retention …

34:21-3 Contents of required notification. 3. The notification provided pursuant to subsection a. of section 2 of this act shall include: a. A statement of the number of employees whose employment will be terminated in connection with the mass layoff or transfer or termination of…