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38 N.J.R. 4981(a)

LEXSTAT 38 N.J.R. 4981(A)

NEW JERSEY REGISTER


Copyright © 2006 by the New Jersey Office of Administrative Law

VOLUME 38, ISSUE 23

ISSUE DATE: DECEMBER 4, 2006

RULE PROPOSALS

LABOR AND WORKFORCE DEVELOPMENT


DIVISION OF WAGE AND HOUR COMPLIANCE

38 N.J.R. 4981(a)
Wage Collection

Proposed Readoption with Amendments: N.J.A.C. 12:61

Authorized By: David J. Socolow, Commissioner, Department of Labor and Workforce Development.

Authority: N.J.S.A. 34:1-20, 34:1A-3(e), 34:11-57 et seq.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2006-388.

A public hearing on the proposed readoption with amendments will be held on the following date at the following lo-
cation:
Monday, January 8, 2007
10:00 A.M. to 12:00 Noon
New Jersey Department of Labor and Workforce Development
John Fitch Plaza
1st Floor, Conference Room
Trenton, New Jersey
Please call the Office of Legal and Regulatory Services at (609) 292-2789 if you wish to be included on the list of
speakers.

Submit written comments by February 2, 2007 to:


David Fish, Regulatory Officer
Office of Legal and Regulatory Services
New Jersey Department of Labor and Workforce Development
P.O. Box 110 - 13th Floor
Trenton, New Jersey 08625-0110
Fax to: (609) 292-8246
If you need this document in Braille, large print or audio cassette, contact the Office of Marketing at (609) 292-
7832 or NJ Relay (TTY) 1-800-852-7899.

The agency proposal follows:

Summary
Pursuant to N.J.S.A. 52:14B-5.1c, N.J.A.C. 12:61, Wage Collection, is scheduled to expire on April 23, 2007. The
Department has reviewed these rules and, with the exception of technical amendments made throughout the chapter
which reflect a change in the name of the Department from the "Department of Labor" to the "Department of Labor and
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38 N.J.R. 4981(a)

Workforce Development," has determined them to be necessary, reasonable and proper for the purposes for which they
were originally promulgated. Accordingly, the Department proposes that N.J.A.C. 12:61 be readopted, with amend-
ments.
A summary of the sections of N.J.A.C. 12:61 follows:
N.J.A.C. 12:61-1.1 sets forth the purpose and scope of the chapter.
N.J.A.C. 12:61-1.2 defines the words and terms used throughout the chapter.
N.J.A.C. 12:61-1.3 sets forth the powers of the Commissioner.
N.J.A.C. 12:61-1.4 establishes a schedule of administrative fees.
N.J.A.C. 12:61-1.5 addresses the payment of interest on awards of back pay.
N.J.A.C. 12:61-1.6 concerns wage settlement agreements.
As the Department has provided a 60-day comment period for this notice of proposal, this notice is excepted from
the rulemaking calendar requirements, pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact
The rules proposed for readoption will have a positive social impact in that they will continue to ensure that work-
ers receive the pay and benefits to which they are entitled by law. The rules proposed for readoption will also enable the
Department to continue to meet its enforcement responsibilities under the Wage Payments Law, N.J.S.A. 34:11-4.1 et
seq., and the Wage Collection Law, N.J.S.A. 34:11-57 et seq. The proposed amendments are of a purely technical nature
and will have no social impact.

Economic Impact
The rules proposed for readoption will continue to impose costs in the form of administrative fees and penalties on
those employers who violate the Wage Collection Law. These costs are statutorily mandated and are necessary to ensure
that workers receive all wages earned and due. The proposed amendments are of a purely technical nature and will have
no economic impact.

Federal Standards Statement


There are no Federal laws which impact the State wage collection procedures embodied in this chapter, either in the
rules proposed for readoption or the proposed amendments. As a result, a Federal standards analysis is not required.

Jobs Impact
The rules proposed for readoption and the proposed amendments will have no impact on jobs. The Department does
not anticipate an increase or decrease in jobs as a result of these rules.

Agriculture Industry Impact


The rules proposed for readoption and the proposed amendments will have no impact on the agriculture industry.

Regulatory Flexibility Analysis


The rules proposed for readoption and the proposed amendments do not impose any reporting, recordkeeping or
compliance requirements on small business, as that term is defined by the Regulatory Flexibility Act, N.J.S.A. 52:14B-
16 et seq. The rules proposed for readoption do, however, impose administrative fees and penalties for noncompliance
with the chapter requirements. No professional services are required. No lesser requirements based on business size are
provided, since these costs are statutorily mandated.

Smart Growth Impact


The rules proposed for readoption and the proposed amendments would not have an impact on the achievement of
smart growth and the implementation of the State Development and Redevelopment Plan.
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38 N.J.R. 4981(a)

Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 12:61.

Full text of the proposed amendments follows (additions indicated in boldface thus):

SUBCHAPTER 1. GENERAL PROVISIONS

12:61-1.1 Purpose; scope

(a) The purpose of this subchapter is to establish rules to effectuate N.J.S.A. 34:11-57 et seq., the New Jersey State
Wage Collection Law, to empower the Commissioner of Labor and Workforce Development means of collecting
wages due.

(b)-(c) (No change.)

12:61-1.2 Definitions

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly
indicates otherwise.

"Commissioner" means the Commissioner of Labor and Workforce Development or any person or persons in the De-
partment designated in writing by him or her for the purposes of this article.

...

12:61-1.3 Powers of the Commissioner

(a) The Commissioner of Labor and Workforce Development or his or her representative is authorized and empow-
ered to investigate any claim for wages due an employee. In conducting such investigation, the Commissioner or his or
her representative may do the following:

1.-4. (No change.)

(b) The Commissioner of Labor and Workforce Development or his or her duly authorized representative shall upon
such proceeding make a decision or award when the sum in controversy, exclusive of costs, does not exceed $ 10,000.

(c) (No change.)

(d) The Commissioner of Labor and Workforce Development is authorized to supervise payments of amounts due to
employees.

(e)-(f) (No change.)

12:61-1.4 Administrative fees

(a)-(b) (No change.)

(c) All payments shall be made payable to the Commissioner of Labor and Workforce Development, Wage Collection
Trust Fund by certified check or money order in a form suitable to the Commissioner of Labor and Workforce Devel-
opment.

(d) (No change.)

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