N.J. Admin. Code § 12:56-1.2

Current through Register Vol. 56, No. 8, April 15, 2024

Section 12:56-1.2 - Violations

(a) A violation of the Act shall occur when an employer:

1. Willfully hinders or delays the Commissioner in the performance of the duties of the Commissioner in the enforcement of this chapter;

2. Fails to make, keep and preserve any records as required under the provisions of this chapter;

3. Falsifies any such record;

4. Refuses to make any such record accessible to the Commissioner upon demand;

5. Refuses to furnish a sworn statement of such record or any other information required for the proper enforcement of this chapter to the Commissioner upon demand;

6. Pays or agrees to pay wages at a rate less than the rate applicable under this chapter or any wage order issued pursuant thereto;

7. Requests, demands, or receives, either for himself, herself or any other person, either before or after a worker is engaged in public or private work at a specified rate of wages, the following:

i. That such worker forego, pay back, return, donate, contribute or give any part, or all, of his or her wages, salary or thing of value, to any person upon the statement, representation or understanding that failure to comply with such request or demand will prevent such worker from procuring or retaining employment; or

8. Otherwise violates any provision of this chapter or of any order issued under this chapter.

(b) An employer who knowingly and willfully violates any provision of 34:11-56a et seq. shall be guilty of a disorderly persons offense and shall, upon conviction for a first violation, be punished by a fine of not less than $ 100.00 nor more than $ 1,000, or by imprisonment for not less than 10 nor more than 90 days, or by both the fine and imprisonment.

(c) The employer shall, upon conviction for a second or subsequent violation, be punished by a fine of not less than $ 500.00 nor more than $ 1,000 or by imprisonment for not less than 10 nor more than 100 days or by both the fine and imprisonment.

(d) Each week in any day of which an employee is paid less than the rate applicable to him or her under the Act or under a minimum fair wage order, and each employee so paid, shall constitute a separate offense.

(e) The wage rate applicable to the employee shall conform to the overtime provisions of N.J.A.C. 12:56-6.

N.J. Admin. Code § 12:56-1.2

Recodified from N.J.A.C. 12:56-1.5 by R.1990 d.520, effective 11/5/1990.
See: 22 N.J.R. 2235(a), 22 N.J.R. 3379(b).
Repeal and New Rule, R.1991 d.606, effective 12/16/1991.
See: 23 N.J.R. 2942(a), 23 N.J.R. 3810(a).
Section was "Violations".
Amended by R.1995 d.553, effective 10/16/1995.
See: 27 N.J.R. 2868(a), 27 N.J.R. 3958(a).
Administrative correction.
See: 27 N.J.R. 4728(b).