N.J. Admin. Code § 12:55-1.2

Current through Register Vol. 56, No. 9, May 6, 2024
Section 12:55-1.2 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

"Act" means 34:11-4.1 et seq., an act regarding the payment of wages.

"Check-deposit-return fee" means a charge which results from a payroll check having been returned due to insufficient or uncollected funds.

"Commissioner" means the Commissioner of Labor and Workforce Development or his or her designee.

"Direct deposit" means payment of the wages of an employee by causing the amount of such employee's wages to be deposited in an account or accounts maintained in a financial institution or financial institutions in the name of the employee.

"Employee" means any person suffered or permitted to work by an employer, except that independent contractors and subcontractors shall not be considered employees.

"Employer" means any individual, partnership, association, joint stock company, trust, corporation, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same, employing any person in this State. For the purposes of the Act and this chapter, the officers of a corporation and any agents having the management of such corporation shall be deemed to be the employers of the employees of the corporation.

"Financial institution" means any State-chartered or Federally-chartered institution authorized to accept deposits in New Jersey.

"Mass transportation" means railroads operated by steam, electricity or other power, rapid transit lines and ferries, buses or other vehicles which possess a certificate of public convenience and necessity issued by the New Jersey Department of Transportation.

"Payroll debit card" means a magnetically encoded card issued by a financial institution, which provides an employee with the means of obtaining the full amount of all wages earned in a pay period in a form that is equivalent to payment in lawful money of the United States, payment by check or payment by direct deposit.

"Wages" means the direct monetary compensation for labor or services rendered by an employee, where the amount is determined on a time, task, piece, or commission basis excluding any form of supplementary incentives and bonuses which are calculated independently of regular wages and paid in addition thereto.

N.J. Admin. Code § 12:55-1.2

Amended by R.1996 d.553, effective 12/2/1996.
See: 28 N.J.R. 4160(a), 28 N.J.R. 5075(b).
Amended by R.2000 d.197, effective 5/15/2000.
See: 31 N.J.R. 4220(a), 32 N.J.R. 1773(a).
In "Mass transportation", inserted a reference to other vehicles.
Amended by R.2007 d.147, effective 5/7/2007.
See: 38 N.J.R. 4980(a), 39 N.J.R. 1743(b).
In definition "Commissioner", inserted "and Workforce Development".
Amended by R.2008 d.300, effective 10/6/2008.
See: 39 N.J.R. 3871(a), 40 N.J.R. 5809(a).
Added definitions "Check-deposit-return fee", "Direct deposit", "Financial institution" and "Payroll debit card".