N.J. Admin. Code § 12:4-3.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 12:4-3.1 - First offense-notification and follow-up audit

(a) When the Commissioner finds that an employer has failed to comply with the reporting or recordkeeping requirements of any State wage, benefit, or tax law, and in connection with that failure to report or maintain records, has failed to pay wages, benefits, taxes, or other contributions or assessments as required by any State wage, benefit, or tax law, the Commissioner shall, as an alternate to, or in addition to, any other action taken in the enforcement of the State wage, benefit, or tax law, take the following two actions:

1. Notify the employer of the finding that he or she has failed to comply with a State wage, benefit, or tax law's reporting or recordkeeping requirement(s) and, in connection with that failure to report or maintain a record(s), has failed to pay wages, benefits, taxes, or other contributions or assessments as required by a State, benefit, or tax law; and

2. Ensure that an audit of the employer or any successor firm of the employer is conducted not more than 12 months after the employer has been placed on notice of the Commissioner's finding under (a)1 above.

(b) Notification to the employer under (a)1 above may occur within the body of the same document through which the employer is notified of the underlying violation(s) of a State wage, benefit, or tax law or through which the employer is notified of any assessment for unpaid wages, benefits, taxes, other contributions or assessments, or for penalties, fees, or interest under a State wage, benefit, or tax law.

(c) For the purpose of this chapter, an employer will be considered to have failed to comply with the reporting or recordkeeping requirements of any State wage, benefit, or tax law when:

1. The employer fails to maintain or report a record required under any State wage, benefit, or tax law; or

2. A record maintained or reported by the employer under any State wage, benefit, or tax law contains a material misrepresentation.

N.J. Admin. Code § 12:4-3.1

Adopted by 51 N.J.R. 1463(a), effective 9/16/2019