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38 N.J.R. 4981(a)
RULE PROPOSALS
38 N.J.R. 4981(a)
Wage Collection
Authorized By: David J. Socolow, Commissioner, Department of Labor and Workforce Development.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
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.
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
Page 2
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.
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.
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):
(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.
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.
...
(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:
(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.
(d) The Commissioner of Labor and Workforce Development is authorized to supervise payments of amounts due to
employees.
(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.