N.J. Admin. Code § 12:16-24.15

Current through Register Vol. 56, No. 11, June 3, 2024

Section 12:16-24.15 - Violations

(a) If an employee leasing company knowingly and willfully fails to file a contribution or wage report by the due date, the Commissioner, or his or her designee, shall consider such failure as a separate violation for each client with whom the leasing company has an employee leasing agreement.

(b) If an employee leasing company fails to file a contribution or wage report or fails to remit payment within 15 days of the due date, the Commissioner, or his or her designee, shall consider such failure as egregious violations under N.J.S.A. 34:8-76c and shall result in rescission.

(c) In determining if rescission is an appropriate remedy, the Commissioner may also consider the following factors:

1. The record of previous violations by the employee leasing company;

2. The significance or scale of the violations;

3. The existence of outstanding reports or failure to pay;

4. Failure to respond to a request to produce records, documents, or proof of payment;

5. Submission of falsified or altered records, forms, documents, or proof of payment;

6. Whether the violations were willful or knowing; and

7. Good faith efforts by the employee leasing company to remedy any violations.

N.J. Admin. Code § 12:16-24.15

Recodified from N.J.A.C. 12:16-24.10 by R.2013 d.101, effective 8/19/2013.
See: 44 N.J.R. 1951(a), 45 N.J.R. 1960(c).