N.J. Admin. Code § 12:60-5.1

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

Section 12:60-5.1 - Inspections

(a) The Commissioner, or an authorized designee, shall have the authority to:

1. Inspect and copy books, registers, payrolls or other records that relate to or affect wages, hours and other conditions of employment for public works employees;

2. Question public works workmen to determine whether they are aware of violations of the prevailing wage act; and

3. Require public works employers to submit written statements, including sworn statements, concerning wages, hours, names, addresses and any other employee information as may be determined necessary by the Commissioner.

(b) If, within 10 days of a request by the Commissioner, a public works employer fails to file the material listed in (a)1 or 3 above, sworn as to its accuracy, the Commissioner may, within 15 days:

1. Direct the officer responsible for disbursement of funds for the public body which contracted for the public works project to withhold from the employer 25 percent of the amount, not to exceed $ 100,000, due the employer under the contract for the project.

2. When the employer complies with the request for records, the Commissioner shall notify the public body, who shall immediately release the withheld funds.

(c) The public works contractors and subcontractors shall submit to the public body or lessor which contracted for the public works project the following in a form satisfactory to the Commissioner (see Appendix, incorporated herein by reference).

1. A certified payroll record on each public works project.

i. Such record shall be submitted each payroll period within 10 days of the payment of wages.

ii. The public body shall receive, file, store and make available for inspection at its normal place of business and during normal business hours the certified payroll records.

N.J. Admin. Code § 12:60-5.1

Amended by R.1992 d.94, effective 2/18/1992.
See: 23 N.J.R. 2945(a), 24 N.J.R. 622(b).
Added (c).
Amended by R.2009 d.260, effective 8/17/2009.
See: 41 N.J.R. 1157(a), 41 N.J.R. 3091(c).
In the introductory paragraph of (c), deleted "A" following "Appendix".