N.J. Admin. Code § 12:72-1.3

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

Section 12:72-1.3 - Administrative penalties

(a) When the Commissioner finds that a temporary help service firm has violated any requirement(s) set forth at N.J.S.A. 34:8D-3 or N.J.A.C. 12:72-3, the Commissioner is authorized to assess and collect an administrative penalty against the temporary help service firm for each violation in an amount not less than $ 500.00 and not to exceed $ 1,000.

(b) When the Commissioner finds that a third-party client has violated any requirement(s) set forth at N.J.S.A. 34:8D-4.a(2) or N.J.A.C. 12:72-4.2, the Commissioner is authorized to assess and collect an administrative penalty against the third-party client for each violation in an amount not to exceed $ 500.00.

1. The third-party client's failure to remit accurate time records to the temporary help service firm as required at N.J.S.A. 34:8D-4.a(2) or N.J.A.C. 12:72-4.2 shall not constitute a violation of that law or that rule and shall not be the basis for the assessment or collection of an administrative penalty against the third-party client when the third-party client has been precluded from submitting those time records for reasons beyond its control.

(c) When the Commissioner finds that a temporary help service firm has violated the requirements set forth at N.J.S.A. 34:8D-5.d(2) or N.J.A.C. 12:72-4.1(b), that it obtain, and keep on file, documentation that any provider of transportation to temporary laborers with which the temporary help service firm contracts or to which the temporary help service firm makes referrals, is in compliance with N.J.S.A. 34:8D-5.e, f, and g, the Commissioner is authorized to assess and collect an administrative penalty against the temporary help service firm for each violation in an amount not to exceed $ 500.00.

(d) When the Commissioner finds that a temporary help service firm has violated any requirement(s) set forth at N.J.S.A. 34:8D-5 (with the exception of N.J.S.A. 34:8D-5.d(2)), or N.J.A.C. 12:72-5, the Commissioner is authorized to assess and collect an administrative penalty against the temporary help service firm for each violation in an amount not to exceed $ 5,000.

(e) When the Commissioner finds that a temporary help service firm has violated any requirement(s) set forth at N.J.S.A. 34:8D-6 or N.J.A.C. 12:72-8 or 9, the Commissioner is authorized to assess and collect an administrative penalty against the temporary help service firm for each violation in an amount not to exceed $ 500.00.

(f) When the Commissioner finds that a third-party client has violated the work verification requirement set forth at N.J.S.A. 34:8D-6.a or N.J.A.C. 12:72-9.2, the Commissioner is authorized to assess and collect an administrative penalty against the third-party client for each violation in the following amounts:

1. First violation--not to exceed $ 500.00; and

2. Second and subsequent violations--not to exceed $ 2,500.

(g) When the Commissioner finds that a temporary help service firm has violated any requirement(s) set forth at N.J.S.A. 34:8D-7 or N.J.A.C. 12:72-6.1, 6.2, 7.1, or 7.2, the Commissioner is authorized to assess and collect an administrative penalty against the temporary help service firm for each violation in an amount not to exceed $ 5,000.

1. If a third-party client leases or contracts with a temporary help service firm for the services of a temporary laborer, the third-party client and the temporary help service firm shall be jointly and severally responsible for a violation of the requirements set forth at N.J.S.A. 34:8D-7 or N.J.A.C. 12:72-6.1, 6.2, 7.1, or 7.2, including, with respect to any administrative penalty assessed by the Commissioner pursuant to this subsection for any such violation(s).

(h) When the Commissioner finds that a temporary help service firm or third-party client has violated any requirement(s) set forth at N.J.S.A. 34:8D-10 or N.J.A.C. 12:72-1.2, the Commissioner is authorized to assess and collect an administrative penalty against the temporary help service firm or the third-party client, as appropriate, for each violation in the following amounts:

1. First violation--not to exceed $ 250.00; and

"Designated classification placement" means an assignment of a temporary laborer by a temporary help service firm to perform work in any of the following occupational categories as designated by the Bureau of Labor Statistics of the United States Department of Labor:

33-9099 Other Protective Service Workers;

35-0000 Food Preparation and Serving Related Occupations;

37-0000 Building and Grounds Cleaning and Maintenance Occupations;

39-0000 Personal Care and Service Occupations;

47-2060 Construction Laborers;

47-3019 Helpers, Construction Trades;

49-0000 Installation, Maintenance, and Repair Occupations;

51-0000 Production Occupations; and

53-0000 Transportation and Material Moving Occupations.

2. Second and subsequent violations--not to exceed $ 500.00.

(i) In assessing an administrative penalty pursuant to this section, the Commissioner shall consider the following factors, where applicable, in determining what constitutes an appropriate penalty for the particular violation(s):

1. The seriousness of the violation(s);

2. The past history of violations by the temporary help service firm or third-party client, as appropriate;

3. The good faith of the temporary help service firm or third-party client, as appropriate;

4. The size of the temporary help service firm's or third-party client's business, as appropriate; and

5. Any other factors that the Commissioner deems appropriate in determining the penalty assessed.

N.J. Admin. Code § 12:72-1.3

Adopted by 56 N.J.R. 1852(c), effective 9/16/2024