Bill Text: NJ S1943 | 2014-2015 | Regular Session | Introduced
Bill Title: Concerns authority of DOLWD to inspect prevailing wage public work projects.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2016-01-07 - Substituted by A3043 [S1943 Detail]
Download: New_Jersey-2014-S1943-Introduced.html
Sponsored by:
Senator STEVEN V. OROHO
District 24 (Morris, Sussex and Warren)
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Concerns authority of DOLWD to inspect prevailing wage public work projects.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning inspection of prevailing wage public work and amending P.L.1963, c.150.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 7 of P.L.1963, c.150 (C.34:11-56.31) is amended as follows
7. The commissioner shall have the authority to:
(a) investigate and ascertain the wages of workmen employed in any public work in the State;
(b) enter and inspect the place of business or employment of any employer or workmen in any public work in the State, for the purpose of examining and inspecting any or all books, registers, payrolls, and other records of any such employer that in any way relate to or have a bearing upon the question of wages, hours, and other conditions of employment of any such workmen; copy any or all of such books, registers, payrolls, and other records as he or his authorized representative may deem necessary or appropriate; obtain proof of, and question, any worker's identity to determine whether the worker's identity is accurately and truthfully included or reported in any or all books, registers, payrolls, and other records of the employer that in any way relate to or have a bearing upon the question of wages, hours, and other conditions of employment in the public work; and question such workmen for the purpose of ascertaining whether the provisions of this act have been and are being complied with;
(c) require from such employer full and correct statements in writing, including sworn statements, with respect to wages, hours, names, addresses, and such other information pertaining to his workmen and their employment as the commissioner, or his authorized representative may deem necessary or appropriate; and
(d) require any employer to file, within 10 days of receipt of a request, any records enumerated in subsections (b) and (c) of this section, sworn to as to their validity and accuracy. If the employer fails to provide the requested records within 10 days, the commissioner may direct within 15 days the fiscal or financial officer charged with the custody and disbursements of the funds of the public body which contracted for the public work immediately to withhold from payment to the employer up to 25% of the amount, not to exceed $100,000.00, to be paid to the employer under the terms of the contract pursuant to which the public work is being performed. The amount withheld shall be immediately released upon receipt by the public body of a notice from the commissioner indicating that the request for records has been satisfied.
(cf: P.L.1987, c.451, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill provides the Commissioner of Labor and Workforce Development with the authority to obtain proof of, and question, a worker's identity in order to determine whether the worker is accurately included or reported in an employer's wage records for purposes of enforcing the requirements of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.).
Currently, the commissioner is allowed to inspect and copy books, registers, payrolls, and other records of any employer engaged in public work subject to the "New Jersey Prevailing Wage Act" as the commissioner or the commissioner's authorized representative may deem necessary or appropriate for the purposes of enforcing that act. The law also allows the commissioner to question the workers of any employer on public work projects. However, current law does not explicitly authorize the commissioner, or a designee of the commissioner, to obtain proof of a worker's identity in order to cross-check the worker's identity with the employer's wage records.
The bill, by granting the commissioner the authority to obtain proof of a worker's identity, would help to prevent fraudulent employment activity on public work projects and ensure fair employment opportunities for employers and workers alike.
