N.J. Admin. Code § 12:66-1.2

Current through Register Vol. 56, No. 17, September 3, 2024
Section 12:66-1.2 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Act" means P.L. 2007, c. 343 and the rules promulgated in accordance therewith, that is this chapter.

"Commissioner" means the Commissioner of the Department of Labor and Workforce Development or his or her duly authorized designee.

"Construction work on a public utility" means, in connection with the construction of any public utility in the State of New Jersey, construction, reconstruction, installation, demolition, restoration and alteration of facilities of the public utility. "Construction work on a public utility" shall not be construed to include operational work, including the work of flaggers, snow plowing, vegetation management in and around utility rights of way, mark outs, janitorial services, landscaping, the work of leak surveyors, meter work and miscellaneous repairs customarily and historically performed in-house by the employees of the public utility. "Construction work on a public utility" shall also not be construed to include any construction, reconstruction, installation, demolition, restoration or alteration of facilities on property owned by a private developer, including facilities located off-site pursuant to a subdivision or site plan approval received by a private developer, notwithstanding that ownership of the facilities being constructed, reconstructed, installed, demolished, restored or altered on the property owned by the private developer will ultimately be transferred to a public utility or a public body.

"Contractor" means a person, partnership, association, joint stock company, trust, corporation or other legal business entity or successor thereof, that enters into a contract with a public utility to engage in construction work on a public utility and includes any subcontractor or lower-tier subcontractor of a contractor, as defined in this section.

"Department" means the Department of Labor and Workforce Development.

"Payroll record" means a form satisfactory to the Commissioner, wherein is shown worker information, such as name, address, social security number and job classification, together with actual hourly rate of pay, actual daily, overtime and weekly hours worked in each job classification, gross pay, itemized deductions and net pay paid to the worker; such record shall also include:

1. Any fringe benefits paid to approved plans, funds or programs on behalf of the worker; and

2. Fringe benefits paid in cash to the worker.

"Public utility" means autobuses; bridge companies; canal companies; electric light, heat and power companies; ferries and steamboats; gas companies; pipeline companies; railroads; sewer companies; steam and water power companies; street railways; telegraph and telephone companies; tunnel companies; and water companies.

"Subcontractor" means any subcontractor or lower-tier subcontractor of a contractor.

N.J. Admin. Code § 12:66-1.2

Amended by 49 N.J.R. 206(a), effective 1/17/2017