N.J. Admin. Code § 8:59-11.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:59-11.3 - Definitions

(a) All of the definitions in 8:59-1.3 shall apply to this subchapter except for the definition of "employer."

(b) For this subchapter and for N.J.A.C. 8:59-1, 3, 5, 8, 9 and 10, "employer" shall also mean any person or corporation, regardless of whether he or she pays employees, in the State, engaged in business operations having the following United States North American Industry Classification System (NAICS) codes, dated and published in 2002 by the Executive Office of the President, Office of Management and Budget, ISBN 0-934213-87-9 (NTIS PB2002-502024), subject to the specified exceptions and limitations:

Subsector Code	Exceptions and/or
or Industry Code	Description	Limitations
11	Agriculture, Forestry,
Fishing and Hunting
111998	All Other Miscellaneous	Limited to facilities
Crop Farming	that reduce maple sap to
maple syrup
113310	Logging
21	Mining
211112	Natural Gas Liquid	Limited to facilities
Extraction	that recover sulfur from
natural gas
212324	Kaolin and Ball Clay	Limited to facilities
Mining	operating without a mine
or quarry and that are
primarily engaged in
beneficiating kaolin and
clay
212325	Clay and Ceramic and	Limited to facilities
Refractory Minerals	operating without a mine
Mining	or quarry and that are
primarily engaged in
beneficiating clay,
ceramic and refractory
minerals
212393	Other Chemical and	Limited to facilities
Fertilizer Mineral	operating without a mine
Mining	or quarry and that are
primarily engaged in
beneficiating chemical or
fertilizer mineral raw
materials
212399	All Other Nonmetallic	Limited to facilities
Mineral Mining	operating without a mine
or quarry and that are
primarily engaged in
beneficiating nonmetallic
minerals
22	Utilities
22	Utilities
31-33	Manufacturing
31-33	Manufacturing	Except facilities engaged
in wholesale distribution
of:
Piece goods, notions and
other dry goods
(broadwoven converters,
piece goods converters);
Meat and meat products
(boxed beef); and
Groceries and related
products, not elsewhere
classified (processed
bottled water
manufacturing);
and except:
Candy, nut and
confectionery stores
(chocolate candy stores
preparing on premises,
nonchocolate candy
stores, preparing on
premises);
Retail bakeries (bread,
cake and related products
baked and sold on
premises);
Miscellaneous apparel and
accessory stores (custom
tailors, custom
dressmakers);
Furniture stores (custom
wood cabinets, custom
made upholstered
household furniture,
custom made
nonupholstered wood
household furniture);
Drapery, curtain and
upholstery stores (custom
drapes, custom
slipcovers);
Miscellaneous home
furnishing stores
(manufacturing and
selling pottery on site);
Optical goods stores
(optical laboratories
grinding lenses to
prescription); and
Miscellaneous retail
stores (manufacture of
orthopedic devices to
prescription in a retail
environment); and except
facilities engaged in the
following services:
Photocopying and
duplicating services
(quick printing);
Business services
(embroidery of
advertising on shirts and
rug binding for the
trade, aerosol packaging,
solvent recovery service
contract, tobacco
sheeting service,
sponging, shrinking,
etc., fabric for tailors
and dressmakers, batik
work);
Armature rewinding stores
(remanufacturing);
Services allied to motion
picture production
(reproduction of video);
and
Dental laboratories
42	Wholesale Trade
423830	Industrial Machinery	Except facilities engaged
and Equipment	in sales of industrial
Merchant Wholesalers	machinery and equipment
(merchant wholesalers)
423840	Industrial Supplies
Merchant Wholesalers
423850	Service Establishment
Equipment and Supplies
Merchant Wholesalers
423930	Recyclable Material
Merchant Wholesalers
4242	Drugs and Druggists'
Sundries Merchant
Wholesalers
424310	Piece Goods, Notions	Limited to merchant
and Other Dry Goods	wholesalers of yarn,
Merchant Wholesalers	except industrial
424340	Footwear Merchant	Limited to merchant
Wholesalers	wholesalers of footwear
cutstock
4246	Chemical and Allied
Products Merchant
Wholesalers
4247	Petroleum and Petroleum
Merchant Wholesalers
424810	Beer and Ale Merchant
Wholesalers
424820	Wine and Distilled
Alcoholic Beverage
Merchant Wholesalers
4249	Miscellaneous Nondurable
Goods Merchant
Wholesalers
425110	Business to Business	Limited to facilities
Electronic Markets	engaged in the wholesale
distribution of the
following:
Industrial supplies
(business to business
electronic markets);
Service establishments
equipment and supplies
(business to business
electronic markets);
Scrap and waste metals
(business to business
electronic markets);
Drugs, drug prop-
rietaries, and druggists'
sundries (business to
business electronic mar-
kets); Plastic materials
and basic forms sundries
(business to business
electronic markets);
Chemical and allied
products, not otherwise
classified (business to
business electronic
markets);
Petroleum and petroleum
products wholesalers,
except bulk stations and
terminals (business to
business electronic
markets);
Beer, wine and distilled
alcoholic beverages
(business to business
electronic markets);
Farm supplies (business
to business electronic
markets);
Books, periodicals and
newspapers (business to
business electronic
markets);
Flowers, nursery stock
and florists' supplies
(business to business
electronic markets);
Tobacco and tobacco
products (business to
business electronic
markets);
Paints, varnishes and
supplies (business to
business electronic
markets); and
Nondurable goods, not
elsewhere classified
(business to business
electronic markets)
425120	Wholesale Trade Agents	Limited to facilities
and Brokers	engaged in wholesale
distribution of the
following:
Industrial supplies, not
elsewhere classified
(agents and brokers);
Service establishments
equipment and supplies
(agents and brokers);
Scrap and waste metals
(agents and brokers);
Drugs, drug prop-
rietaries, and druggists'
sundries (agents and
brokers); Plastic mater-
ials and basic forms and
shapes (agents and
brokers); Chemical and
allied products, not
otherwise classified
(agents and brokers);
Petroleum and petroleum
products wholesalers,
except bulk stations and
terminals (agents and
brokers);
Beer, wine and distilled
alcoholic beverages
(agents and brokers);
Farm supplies (agents and
brokers);
Books, periodicals and
newspapers (agents and
brokers);
Flowers, nursery stock
and florists' supplies
(agents and brokers);
Tobacco and tobacco
products (agents and
brokers);
Paints, varnishes and
supplies (agents and
brokers); and
Nondurable goods, not
elsewhere classified
(agents and brokers)
44-45	Retail Trade
441110	New Car Dealers
441120	Used Car Dealers
444220	Nurseries, Garden Center	Limited to wholesale
and Farm Supply Stores	facilities engaged in
sales of the following:
Farm supplies (lawn and
garden supplies sold via
retail method); and
Flowers, nursery stock
and florists' supplies
(sold via retail method)
445310	Beer, Wine and Liquor	Limited to wholesale
Stores	facilities engaged in
sales of beer, wine and
distilled alcoholic
beverages via retail
method
446110	Pharmacies and Drug	Limited to wholesale
Stores	facilities engaged in
sales of drugs, drug
proprietaries, and
druggists' sundries
(drugs and sundries sold
via retail method)
446120	Cosmetics, Beauty	Limited to wholesale
Supplies and Perfume	facilities engaged in
Stores	retail sales of cosmetics
and perfumes
446191	Food (Health) Supplement	Limited to wholesale
Stores	facilities engaged in
retail sales of food
supplements
4471	Gasoline Stations	Except convenience stores
with gas
451211	Book Stores	Limited to wholesale
facilities engaged in
sales of books,
periodicals and
newspapers (sold via
retail method)
453220	Gift, Novelty, and	Limited to wholesale
Souvenir Stores	facilities engaged in
sales of curios,
statuary, gifts,
novelties, and souvenirs
(sold via retail method)
453910	Pet and Pet Supplies	Limited to wholesale
Stores	facilities engaged in
sales of pets, pet
supplies and tropical
fish (sold via retail
method)
453991	Tobacco Stores	Limited to wholesale
facilities engaged in
sales of tobacco and
tobacco products (sold
via retail method); and
Smokers' supplies (sold
via retail method)
453998	All Other Miscellaneous	Limited to wholesale
Store Retailers (except	facilities engaged in
Tobacco Stores)	sales of industrial
supplies (sold via retail
method), and plastic
materials and basic forms
and shapes (sold via
retail method)
454311	Heating Oil Dealers	Limited to petroleum bulk
stations and terminals
engaged in the
distribution of heating
oil sold to final consumer
454312	Liquid Petroleum Gas	Limited to petroleum bulk
(Bottled Gas) Dealers	stations and terminals
engaged in distribution
of liquid petroleum gas
sold to final consumer
48-49	Transportation and
Warehousing
4811	Scheduled Air
Transportation
486	Pipeline Transportation
Industry
487110	Scenic and Sightseeing	Limited to facilities
Transportation, Land	engaged in horse-drawn
cabs and carriages
services
488111	Air Traffic Control
488119	Other Airport Operations	Except facilities engaged
in flying fields operated
by aviation clubs
488190	Other Support Activities	Limited to facilities
for Air Transportation	engaged in aircraft
servicing and repairing
488210	Support Activities for	Except facilities engaged
Rail Transportation	in railroad switching and
terminal establishments
(all but short line
railroads)
488390	Other Support Activities	Except facilities engaged
for Water Transportation	in water transportation
services (all but
lighthouse operations,
piloting vessels in and
out of harbors, boat and
ship rental, marine
salvage, lighterage,
marine surveyor services,
and canal operations); and
Repair shops and related
services engaged in ship
scaling
488490	Other Support Activities	Except terminal and
for Road Transportation	service facilities for
motor vehicle passenger
transportation;
Terminal and joint
terminal maintenance
facilities for motor
freight transportation;
Arrangement of passenger
services (arrangement of
carpools and vanpools);
and
Driving services, for
example, auto or truck
delivery and pilot car
services
488510	Freight Transportation
Arrangement
488991	Packing and Crating
488999	All Other Support	Limited to pipeline
Activities for	terminals and stockyards
Transportation
492110	Couriers	Limited to air courier
services
51	Information
51111	Newspaper Publishers
51112	Periodical Publishers
51113	Book Publishers
51114	Directory and Mailing	Except direct mail
List Publishers	advertising services
(mailing list compilers)
511191	Greeting Card Publishers
511199	All Other Publishers
512220	Integrated Record
Production/Distribution
512230	Music Publishers	Except facilities
primarily engaged in
music copyright
authorizing use, music
copyright buying and
licensing, and music
publishers working on
their own account
517110	Wired Telecommunication	Except cable and
Carriers	other program distribution,
and broadband Internet
service providers
(forexample, cable, DSL)
517210	Wireless	Except facilities engaged
Telecommunications	as ship to shore
Carriers(except	broadcasting carriers
Satellite)
517911	Telecommunication
Resellers
519130	Internet Publishing and	Except facilities engaged
Broadcasting and Web	in web search portals,
Search Portals	internet broadcasting,
special interest web sites,
entertainment sites and
interactive game sites.
53	Real Estate and Rental
and Leasing
532411	Commercial Air, Rail, and	Limited to facilities
Water Transportation	engaged in rental of
Equipment Rental and	railroad cars
Leasing
54	Professional, Scientific
and Technical Services
541380	Testing Laboratories
541614	Process, Physical	Except facilities engaged
Distribution, and	in management consulting
Logistics Consulting	services (manufacturing
Services	management, physical
distribution, and site
location consulting)
541712	Research and Development	Except facilities engaged
in the Physical,	in commercial physical
Engineering and Life	and biological research;
Sciences	and
(Except Biotechnology)	Noncommercial research
organizations (physical
engineering and life
sciences)
541890	Other Services Related to	Except facilities engaged
Advertising	in sign painting and
lettering, showcard
painting, mannequin
decorating service and
other advertising related
business services
541940	Veterinary Services	Limited to facilities
engaged as veterinary
testing laboratories
56	Administrative and
Support and Waste
Management and
Remediation Services
5617	Services to Buildings and	Except facilities engaged
Dwellings	in:
Ornamental shrub and tree
services;
Power washing building
exteriors, not associated
with construction;
Disinfecting and pest
control services
(exterminating and pest
control);
Building cleaning and
maintenance services
(janitorial services, and
services to building and
dwellings except
janitorial services);
Swimming pool cleaning
and maintenance; and
Furnace, duct, gutter,
and drain cleaning
services
56221	Hazardous Waste Treatment
and Disposal
562910	Remediation Services	Except facilities engaged
in asbestos abatement and
lead paint removal
contractors
562920	Materials Recovery
Facilities
562998	All Other Miscellaneous	Except facilities engaged
Waste Management Services	in sewer cleaning and
rodding
61	Educational Services
611110	Elementary and Secondary
Schools
611210	Junior Colleges
611310	Colleges, Universities
and Professional Schools
611512	Flight Training	Except schools and
educational services
(flying instruction)
611513	Apprenticeship Training
611519	Other Technical and Trade	Limited to facilities
Schools	engaged as vocational
schools (except aviation
and flight training and
apprenticeship training)
62	Health Care and Social
Assistance
622	Hospitals
72	Accommodation and Food
Services
722310	Food Service Contractors	Limited to facilities
engaged in dining car
operations on a fee or
contract basis
81	Other Services (except
Public Administration)
81111	Automotive, Mechanical
and Electrical Repair and
Maintenance
811121	Automotive Body, Paint
and Interior Repair and
Maintenance and Glass
Repair
811122	Automotive Glass	Except facilities engaged
Replacement Shops	in automotive window
tinting
811198	All Other Automotive	Except automotive services
Repair and Maintenance
8113	Commercial and Industrial	Limited to facilities
Machinery and Equipment	engaged in welding repair
(except Automotive and
Electronic) Repair and
Maintenance
811420	Reupholstery and	Limited to facilities
Furniture Repair	engaged in aircraft
upholstery repair
811490	Other Personal and	Limited to facilities
Household Goods Repair	engaged in pleasure boat
and Maintenance	repair
812320	Drycleaning and Laundry	Limited to facilities
Services (except	engaged as drycleaning
Coin-operated)	plants, except rug
cleaning
812332	Industrial Launderers

(c) In the event that the Executive Office of the President, Office of Management and Budget, publishes new or revised North American Industry Classification System (NAICS) codes modifying the 2002 list of NAICS codes on which the definition of "employer" in (b) above is based, the Department shall modify the NAICS codes in the definition as necessary to ensure that, as required by P.L. 2003, c. 157, the generally equivalent universe of employers continues to be regulated under this chapter. Specifically, the Department shall provide limitations and/or exceptions to the NAICS codes as required to maintain the regulated universe as of August 15, 2003. The Department shall publish in the New Jersey Register a notice of the new or revised NAICS code(s) and the corresponding administrative change(s) to the definition.

N.J. Admin. Code § 8:59-11.3

Amended by R.1993 d.384, effective 8/2/1993.
See: 25 N.J.R. 864(a), 25 N.J.R. 3543(a).
Amended by R.1994 d.535, effective 11/7/1994.
See: 26 N.J.R. 2888(a), 26 N.J.R. 4380(b).
Amended by R.2005 d.122, effective 4/18/2005.
See: 36 N.J.R. 4912(a), 37 N.J.R. 1178(a).
Rewrote (b); added (c).
Amended by R.2008 d.51, effective 3/3/2008.
See: 39 N.J.R. 2792(a), 40 N.J.R. 1122(a).
In the introductory paragraph of (b), inserted "or she"; in the table following (b), added entries for "488510", "488991", "488999" and "517211".
Administrative change.
See: 42 N.J.R. 1731(a).