N.J. Admin. Code § 12:72-2.1
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Act" means N.J.S.A. 34:8D-1 through 7 and 10.
"Benefits" means employee fringe benefits, including, but not limited to, health insurance, life insurance, disability insurance, paid time off (including vacation, holidays, personal leave, and sick leave in excess of what is required by law), training, and pension. The term "benefits" does not include employee fringe benefits that an employer is required by law to provide to its employees (for example, earned sick leave pursuant to N.J.S.A. 34:11D-1 et seq.).
"Commissioner" means the Commissioner of the Department of Labor and Workforce Development, or their designee.
"Comparator employee" means an employee of the third-party client to which the temporary laborer is assigned, who is performing the same, or substantially, similar work to that of the temporary laborer at the time the temporary laborer is assigned to the third-party client, on a job the performance of which requires equal skill, effort, and responsibility to that of the temporary laborer, and which is performed under similar working conditions.
"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.
"Division" means the Division of Wage and Hour and Contract Compliance.
"Employ" means to suffer or permit to work for compensation, including by means of ongoing contractual relationships in which the employer retains substantial direct or indirect control over the employee's employment opportunities or terms and conditions of employment.
"Employer" means any person or corporation, partnership, individual proprietorship, joint venture, firm, company, or other similar legal entity who engages the services of an employee and who pays the employee's wages, salary, or other compensation, or any person acting directly or indirectly in the interest of an employer in relation to an employee.
"Hours worked" means all of the time that the employee is required to be at the employee's place of work or on duty. Nothing at N.J.S.A. 34:8D-1 et seq., requires an employer to pay an employee for hours the employee is not required to be at the employee's place of work because of holidays, vacation, lunch hours, illness, and similar reasons.
"Person" means any natural person or their legal representative, partnership, corporation, company, trust, business entity, or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee, or beneficiary of a trust thereof.
"Primary residence" means a dwelling where a person usually lives and does not include second homes. A person may only have one primary residence at any given time.
"Temporary help service firm" means any person or entity who operates a business that consists of employing individuals directly or indirectly for the purpose of assigning the employed individuals to assist the firm's customers in the handling of the customer's temporary, excess, or special workloads, and who, in addition to the payment of wages or salaries to the employed individuals, pays Federal Social Security taxes and State and Federal unemployment insurance; carries workers' compensation insurance as required by State law; and sustains responsibility for the actions of the employed individuals while they render services to the firm's customers. A temporary help service firm is required to comply with the provisions at N.J.S.A. 56:8-1 et seq.
"Temporary laborer" means a person who contracts for employment in a designated classification placement with a temporary help service firm. Temporary laborer does not include agricultural crew leaders who are registered pursuant to the Federal Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. §§ 1801 et seq., of N.J.S.A. 34:8A-7 et seq., or 34:9A-1 et seq.
"Third-party client" means any person wino contracts witin a temporary Inelp service firm for obtaining temporary laborers in a designated classification placement. The term "third-party client" does not include the State or any office, department, division, bureau, board, commission, agency, or political subdivision thereof that utilizes the services of temporary help service firms.
N.J. Admin. Code § 12:72-2.1