N.J. Admin. Code § 13:14-1.3

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

Section 13:14-1.3 - Applicability

(a) For the purpose of counting employees, an employer, as defined in the Act and in this chapter, shall consider:

1. Employees in this State, irrespective of their eligibility for family leave;

2. Employees who work outside of the State of New Jersey; and

3. Employees of an employer's subsidiary, division or other related entity. In making the determination of whether to count the employees of an employer's subsidiary, division or other entity, the Division on Civil Rights will consider any or all of the following factors on a case by case basis:

i. The interrelationship of the employer's operation;

ii. The degree of centralized control of labor relations;

iii. The existence of common management; and/or

iv. The degree of common ownership or financial control.

(b) Employers that are government entities are deemed to be an "employer" under the Act notwithstanding the requirements of (a) above. Government entities may deny leave under the Act to those employees that are exempt pursuant to N.J.A.C. 13:14-1.9.

N.J. Admin. Code § 13:14-1.3

Amended by R.2007 d.77, effective 3/5/2007.
See: 38 N.J.R. 4627(a), 39 N.J.R. 781(c).
Rewrote (b).