N.J. Admin. Code § 12:72-10.2

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

Section 12:72-10.2 - Complaints to the Commissioner

(a) A temporary help service firm may file a complaint with the Commissioner that a third-party client has violated N.J.A.C. 12:72-10.1.

(b) A complaint pursuant to (a) above shall be filed with the Division either, in writing, or through any online complaint process made available by the Division.

(c) When a complaint pursuant to (a) above has been filed by a temporary help service firm, the Division shall review the payroll and accounting records of the temporary help service firm and the third-party client for the period in which the violation is alleged to have occurred to determine if wages and payroll taxes were paid to the temporary help service firm and that the temporary laborer has been paid the wages owed.

(d) At the conclusion of an investigation pursuant to (c) above, the Division may issue a determination that a third-party client has failed to pay wages or payroll taxes to the temporary help service firm. A temporary help service may seek a remedy for the third-party client's failure to pay wages or payroll taxes to the temporary help service firm in a court of competent jurisdiction.

N.J. Admin. Code § 12:72-10.2

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