N.J. Admin. Code § 12:35-2.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 12:35-2.1 - Prohibition on replacing or displacing regular employees

(a) A Work First New Jersey recipient who participates in CWEP or AWEP, or a FSETP participant, shall not be placed or utilized in a position at a nonprofit or public agency:

1. That was previously filled by a regular employee if the position or a substantially similar position at the workplace has been made vacant through a demotion, substantial reduction of hours or a layoff of a regular employee in the previous 12 months, or has been eliminated by the employer at any time during the previous 12 months;

2. In a manner that infringes upon a wage rate or an employment benefit or violates the contractual overtime provisions of a regular employee at the workplace;

3. In a manner that violates an existing collective bargaining agreement or a statutory provision that applies to the workplace;

4. In a manner that supplants or duplicates a position in an existing, approved apprenticeship program;

5. By or through an employment agency or temporary help service firm as a community work experience or alternative work experience worker;

6. If there is a contractual or statutory recall right to that position at that workplace; or

7. If there is an ongoing strike or lockout at that workplace.

(b) A Work First New Jersey recipient who participates in CWEP or AWEP, or a FSETP participant, shall not be placed or utilized in a position at a private sector for-profit workplace.

N.J. Admin. Code § 12:35-2.1

Amended by R.2005 d.429, effective 12/5/2005.
See: 37 N.J.R. 2605(a), 37 N.J.R. 4557(a).
In the introductory paragraph of (a), substituted "participant" for "recipient" and "or public agency" for ", public or other workplace"; substituted "shall be placed" for "shall not be placed", and added (b).
Administrative correction.
See: 42 N.J.R. 2806(c).