Box Trenton, NJ For possible failure to meet the record keeping or reporting requirements of the Workers' Compensation Law:. Dissemination of information; records An employer must give an employee advance notice of a reduction in his or her wage rate. To avoid the temptation of getting a Refund Anticipation Loan:. Payments authorized by employees for payment into employee personal savings accounts, such as payments to a credit union, savings fund society, savings and loan or building and loan association; and payments to banks for Christmas, vacation, or other savings funds; provided all such deductions are approved by the employer.
Manner of Wage Payments
· The state prohibitions on payday lending only apply to businesses in those states, so this legal loophole combines with the reach of the Internet to make payday lending possible everywhere. The websites allow lenders to skirt state laws and regulations and take advantage of in-a.ga · NCSL is unable to provide guidance to citizens or businesses regarding payday loan laws and practices. If you have questions regarding the application of a state law to a specific payday loan, please contact the Office of the Attorney General in your state. The annual percentage rate for payday loans shall not exceed 36 percent. in-a.ga Does anyone know the laws concerning payday loans in Jersey?.in-a.ga
A borrower writes a personal check payable to the lender for the amount the person wants to borrow, plus the fee they must pay for borrowing. The loan amount is due to be debited the next payday. The fees on these loans can be a percentage of the face value of the check — or they can be based on increments of money borrowed: The federal Truth in Lending Act treats payday loans like other types of credit: Payday lenders must give you the finance charge a dollar amount and the annual percentage rate APR — the cost of credit on a yearly basis in writing before you sign for the loan.
A payday loan — that is, a cash advance secured by a personal check or paid by electronic transfer is very expensive credit. The check casher or payday lender agrees to hold your check until your next payday. The bottom line on payday loans: Try to find an alternative. If you must use one, try to limit the amount.
Borrow only as much as you can afford to pay with your next paycheck — and still have enough to make it to next payday. Any sum collected as a fine or penalty pursuant to this section shall be applied toward enforcement and administrative costs of the Division of Wage and Hour Compliance in the Department of Labor and Workforce Development. The term "employer" does not include the Department of Corrections, State Parole Board, county corrections departments, or any State or local law enforcement agency.
This definition shall not apply to any account, service or profile created, maintained, used or accessed by a current or prospective employee for business purposes of the employer or to engage in business related communications. No employer shall require or request a current or prospective employee to provide or disclose any user name or password, or in any way provide the employer access to, a personal account through an electronic communications device.
No employer shall require an individual to waive or limit any protection granted under this act as a condition of applying for or receiving an offer of employment. An agreement to waive any right or protection under this act is against the public policy of this State and is void and unenforceable.
No employer shall retaliate or discriminate against an individual because the individual has done or was about to do any of the following: Refuse to provide or disclose any user name or password, or in any way provide access to, a personal account through an electronic communications device;.
Report an alleged violation of this act to the Commissioner of Labor and Workforce Development;. Testify, assist, or participate in any investigation, proceeding, or action concerning a violation of this act; or. Nothing in this act shall be construed to prevent an employer from complying with the requirements of State or federal statutes, rules or regulations, case law or rules of self-regulatory organizations.
Nothing in this act shall prevent an employer from implementing and enforcing a policy pertaining to the use of an employer issued electronic communications device or any accounts or services provided by the employer or that the employee uses for business purposes.
Nothing in this act shall prevent an employer from viewing, accessing, or utilizing information about a current or prospective employee that can be obtained in the public domain. Removing obstacles to employment for people with criminal records provides economic and social opportunities to a large group of people living in New Jersey, increasing the productivity, health, and safety of New Jersey communities.
Criminal background checks by employers have increased dramatically in recent years, with estimates of 90 percent of large employers in the United States now conducting background checks as part of the hiring process. Barriers to employment based on criminal records stand to affect an estimated 65 million adults in the United States with criminal records.
Employment advertisements in New Jersey frequently include language regarding criminal records that either explicitly precludes or strongly dissuades people from applying. Individuals with criminal records represent a group of job seekers ready and able to contribute and add to the workforce. Securing employment significantly reduces the risk of recidivism for persons with criminal records.
Currently, at least 64 states, counties, and cities have enacted or passed statutes, ordinances, or policies to remove barriers to the employment of persons with criminal histories by public and private employers. The nation's largest public employer, the United States government, and the nation's largest private employer have each implemented their own policies removing barriers to the employment of persons with criminal histories.
Numerous other major businesses and organizations have voluntarily implemented their own policies removing barriers to the employment of those with criminal histories. It is the intent and purpose of "The Opportunity to Compete Act" to improve the economic viability, health, and security of New Jersey communities and to assist people with criminal records to reintegrate into the community, become productive members of the workforce, and to provide for their families and themselves.
The term also shall include interns and apprentices. The term shall include job placement and referral agencies and other employment agencies, but excludes the United States or any of its departments, agencies, boards, or commissions, or any employee or agent thereof.
The physical location of the prospective employment shall be in whole, or substantial part, within this State. Notwithstanding the provisions of subsection a. Nothing set forth in this section shall be construed to prohibit an employer from requiring an applicant for employment to complete an employment application that makes any inquiries regarding an applicant's criminal record after the initial employment application process has concluded or from making any oral or written inquiries regarding an applicant's criminal record after the initial employment application process has concluded.
The provisions of this section shall not preclude an employer from refusing to hire an applicant for employment based upon the applicant's criminal record, unless the criminal record or relevant portion thereof has been expunged or erased through executive pardon, provided that such refusal is consistent with other applicable laws, rules and regulations.
Unless otherwise permitted or required by law, an employer shall not knowingly or purposefully publish, or cause to be published, any advertisement that solicits applicants for employment where that advertisement explicitly provides that the employer will not consider any applicant who has been arrested or convicted of one or more crimes or offenses. The provisions of this section shall not apply to any advertisement that solicits applicants for a position in law enforcement, corrections, the judiciary, homeland security, or emergency management, or any other employment position where a criminal history record background check is required by law, rule or regulation, or where an arrest or conviction by the person for one or more crimes or offenses would or may preclude the person from holding such employment as required by any law, rule or regulation, or where any law, rule, or regulation restricts an employer's ability to engage in specified business activities based on the criminal records of its employees.
Nothing set forth in this section shall be construed as prohibiting an employer from publishing, or causing to be published, an advertisement that contains any provision setting forth any other qualifications for employment, as permitted by law, including, but not limited to, the holding of a current and valid professional or occupational license, certificate, registration, permit or other credential, or a minimum level of education, training or professional, occupational, or field experience.
The provisions of subsection a. The employment sought or being considered is for a position in law enforcement, corrections, the judiciary, homeland security or emergency management;. The employment sought or being considered is for a position where a criminal history record background check is required by law, rule or regulation, or where an arrest or conviction by the person for one or more crimes or offenses would or may preclude the person from holding such employment as required by any law, rule or regulation, or where any law, rule, or regulation restricts an employer's ability to engage in specified business activities based on the criminal records of its employees; or.
The employment sought or being considered is for a position designated by the employer to be part of a program or systematic effort designed predominantly or exclusively to encourage the employment of persons who have been arrested or convicted of one or more crimes or offenses. The provisions of this act shall preempt any ordinance, resolution, law, rule or regulation adopted by the governing body of a county or municipality prior to the effective date of this act regarding criminal histories in the employment context, except for ordinances adopted to regulate municipal operations.
The penalties set forth in section 9 of this act shall be the sole remedy provided for violations of this act. Nothing set forth in this act shall be construed as creating or establishing a standard of care or duty for employers with respect to any law other than this act. Evidence that an employer has violated, or is alleged to have violated, the provisions of this act, shall not be admissible in any legal proceeding with respect to any law or claim other than a proceeding to enforce the provisions of this act.
For the purposes of the Act and this chapter, the officers of a corporation and any agents having the management of such corporation shall be deemed to be the employers of the employees of the corporation. The employer shall also pay the Commissioner an administrative fee equal to not less than 10 percent or more than 25 percent of any payment made to the Commissioner pursuant to this section. The amount of the administrative fee is specified in N.
Each day during which any violation of the Act continues shall constitute a separate and distinct offense. A request for a formal hearing must be received within 15 working days following the receipt of the notice.
A request for formal hearing must be received within 15 working days following the receipt of the notice. All hearings shall be heard pursuant to the Administrative Procedures Act, N. In conducting such investigation, the Commissioner or his or her representative may do the following:. Although the administrative fee is not collected by the Commissioner until the actual payment of wages due, the duty to pay the fee attaches immediately upon the filing of a claim for wages.
In addition, the purpose of this subchapter is to require that every such employer shall provide each employee of the employer with a written copy of the notification: Not later than February 5, , or at the time of the employee's hiring, if the employee is hired after January 6, ; 2.
Annually, on or before December 31 of each year; and 3. Upon the first request of an employee. By e-mail delivery; 2. Via printed material, including, but not limited to, a pay check insert; brochure or similar informational packet provided to new hires; an attachment to an employee manual or policy book; or flyer distributed at an employee meeting; or 3. Through an internet or intranet website, if the site is for the exclusive use of all employees, can be accessed by all employees, and the employer provides notice to the employees of its posting.
Each employer must keep a record of each employee which contains the following information: The name of the employee; 2. The address of the employee; 3. The birth date of the employee if the employee is under the age of 18; 4. The total hours worked by the employee each day and each workweek; 5. The earnings of each employee, including the regular hourly wage, gross to net amounts with itemized deductions, and the basis on which wages are paid; 6.
Regarding each employee who receives gratuities, the total gratuities received by the employee during the payroll week; 7. Regarding each employee who receives gratuities, daily or weekly reports completed by the employee containing the following information: Regarding each employee for whom the employer claims credit for food or lodging as a cash substitute for the employee who receives food or lodging supplied by the employer, information substantiating the cost of furnishing such food or lodgings, including but not limited to the nature and amount of any expenditures entering into the computation of the fair value of the food or lodging and the date required to compute the amount of the depreciated investment in any assets allocable to the furnishing of the lodgings, including the date of acquisition or construction, the original cost, the rate of depreciation and the total amount of accumulated depreciation on such assets.
The employer may use any system of time keeping provided that it is a complete, true and accurate record. The employer must keep the wage and hour records described above for a period of six years. The employer must keep the wage and hour records described above at the place of employment or in a central office in New Jersey.
Prevailing Wage Act N. The Prevailing Wage Act applies to employers only under certain circumstances. Specifically, it applies only when an employer enters into a contract in excess of the prevailing wage contract threshold amount for any public work as the term "public work" is defined at N.
Each public works contractor must submit to the public body or lessor which contracted for the public works project a certified payroll record containing the following employee information: Social security number; 4. Craft or trade; 5. Actual hourly rate of pay; 6. Actual daily, overtime and weekly hours worked in each craft or trade; 7. Net pay paid to the employee; Any fringe benefits paid to approved plans, funds or programs on behalf of the employee; and Fringe benefits paid in cash to the employee.
Each public works contractor must, within 10 days of payment of wages, submit the certified payroll record to the public body or the lessor which contracted for the public works project. Each public works contractor which employs one or more apprentices on a public works project must maintain with its records written evidence that the apprentice or apprentices are registered in an approved apprenticeship program while performing work on the project.
The Unemployment Compensation Law N. Each employing unit must maintain a record for each worker engaged in employment, which record must contain the following information about the worker: Full name, address and social security number; 2.
Total remuneration paid in each pay period showing separately cash, including commissions and bonuses; the cash value of all compensation in any medium other than cash; gratuities received regularly in the course of employment if reported by the employee, or if not so reported, the minimum wage rate prescribed under applicable laws of this State or of the United States, or the amount of remuneration actually received by the employee, whichever is higher, and service charges collected by the employer and distributed to workers in lieu of gratuities and tips; 3.
An entry under the heading "special payments" of the amount of any special payments, such as bonuses and gifts, which have been paid during the pay period but which relate to employment in a prior period. The following shall be shown separately under this heading: The date hired, rehired and returned to work after temporary layoff; 5. The date separated from employment and the reason for separation; 6. Such information as may be necessary to determine remuneration on a calendar week basis; and 7.
The number of base weeks as the term "base week" is defined in N. All records referred to in 1. Once an employer becomes inactive, the employer must keep all records referred to in 1. Each employer other than employers of domestic service workers must electronically file a WR, "Employer Report of Wages Paid," with the Division of Revenue, within the Department of the Treasury, within 30 days after the end of each quarter.
The WR lists the name, social security number and wages paid to each employee and the number of base weeks worked by the employee during the calendar quarter. Each employer of domestic service workers as the term "domestic service worker" is defined at N. Each employer other than employers of domestic service workers must electronically file an NJ, "Employer's Quarterly Report," with the Division of Revenue, within the Department of the Treasury, and remit the corresponding unemployment insurance, supplemental workforce fund, workforce development partnership fund, temporary disability insurance and family leave insurance contribution payments, within 30 days after the end of each quarter.
The NJ lists the total of all wages paid, the wages paid in excess of the taxable maximum, the taxable wages on which contributions are due, the number of workers employed during the pay period, the number of workers insured under a "private plan" for temporary disability insurance and the number of workers insured under a "private plan" for family leave insurance. Each employer of domestic service workers as the term "domestic service worker" is defined in N.
Each employer having two or more approved private plans in effect during a calendar half-year or any portion thereof must, on or before the 30th day following the close of the calendar half-year, file a report showing the amount of taxable wages paid during such calendar half-year to employees while covered under each such private plan.
Each employer who provides temporary disability insurance to its employees through a self-insured private plan must, for the six-month periods ending June 30 and December 31 of each calendar year during which the self-insured private plan is in effect, file a statement with the Division of Temporary Disability Insurance, on or before the 30th day following the end of the respective six-month period showing: The number of claims received during the six-month period, 2.
The number of claims accepted during the six-month period, 3. The amount of benefits paid during the six-month period, and 4. Such other information as the Division of Temporary Disability Insurance may require with respect to the financial ability of the self-insurer to meet the self-insured's obligations under the plan. On or before the 30th day following the close of each calendar year during which a self-insured private plan for temporary disability insurance is in effect, the employer must file a report with the Division of Temporary Disability Insurance showing: The amount of funds available at the beginning of that year for payment of disability benefits, 2.
The amount contributed by workers during that year, 3. The amount contributed by the employer during that year, 4. The amount of disability benefits paid during that year, 5. Direct cost of administration of the plan during that year, and 6. The number of employees covered by the plan as of December Each employer who provides family leave insurance to its employees through a self-insured private plan must for the one-year period ending December 31 of each calendar year during which a self-insured private plan is in effect file a statement with the Division of Temporary Disability Insurance, on or before the 30th day following the end of the one-year period showing the following information with regard to each of the following types of claims: The number of claims for family leave insurance benefits received during the one-year period, 2.
The number of claims for family leave insurance benefits accepted during the one-year period, 3. The number of workers who received family leave insurance benefits during the one-year period, 4. The amount of family leave insurance benefits paid during the one-year period, 5. The average weekly family leave insurance benefit during the one-year period, 6.
The amount of sick leave, vacation leave or other fully paid time, which resulted in reduced benefit duration during the one-year period, 7. With regard solely to family leave insurance benefit claims to care for sick family members, the amount of intermittent family leave insurance benefits paid during the one-year period, and 8.
The average duration of family leave insurance benefits, in days, during the one-year period. The information reported in 1. On or before the 30th day following the close of each calendar year during which a self-insured private plan for family leave insurance is in effect, the employer must file a report with the Division of Temporary Disability Insurance showing: The amount of funds available at the beginning of that year for payment of family leave insurance benefits, 2.
The direct cost of administration of the plan during that year, 4. The number of employees covered by the plan as of December 31, and 5. Such other information as the Division of Temporary Disability Insurance may require with respect to the financial ability of the self-insurer to meet the self-insured's obligation under the plan.
Workers' Compensation Law N. Upon the happening of an accident or the occurrence of any occupational disease, an employer who has insurance coverage or utilizes a third-party administrator shall promptly furnish the insurance carrier or the third-party administrator with accident or occupational disease information. Within three weeks after an accident or upon knowledge of the occurrence of an occupational disease, every insurance carrier, third-party administrator, statutory non-insured employer, including the State, counties, municipalities and school districts, and duly authorized self-insured employer not utilizing a third-party administrator must file a report designated as "first notice of accident" in electronic data interchange media with the Division of Workers' Compensation through the Compensation Rating and Inspection Bureau in a format prescribed by the Compensation Rating and Inspection Bureau.
When filed by an insurance carrier or third-party administrator, the report must also be sent to the employer. If the employer disagrees with the report, the employer may prepare and sign an amended report and file the amended report with the insurance carrier or third-party administrator.
The amended report must then be filed electronically with the Division through the Compensation Rating and Inspection Bureau. Every insurance carrier providing workers' compensation insurance and every workers' compensation self-insured employer shall designate a contact person who is responsible for responding to issues concerning medical and temporary disability benefits where no claim petition has been filed or where a claim petition has not been answered.
The full name, telephone number, mailing address, email address and fax number of the contact person must be submitted to the Division of Workers' Compensation utilizing the Division's contact person form in the manner instructed on the form.
Each employer, when directed to do so by the Division of Workers' Compensation, must submit to the Division of Workers' Compensation copies of such medical certificates and reports as it may have on file. Gross Income Tax Act N. The Employer's Quarterly Report, NJ, reports New Jersey Gross Income Tax withheld, unemployment insurance, supplemental workforce fund, workforce development partnership fund, family leave insurance and temporary disability insurance wage and withholding information.
Each employer is required to electronically file an Employer's Quarterly Report, NJ, for each calendar quarter, regardless of the amount of tax actually due for a particular quarter. Quarterly reports are due on the 30th day of the month following the end of each quarter.
Employers of "domestic service workers" may report and pay New Jersey Gross Income Tax withheld on an annual, rather than quarterly, basis on an NJH. If there is not an established time period or time when wages are due and payable, the pay period is presumed to be semimonthly in length.
Weekly payday for manual workers. Semi-monthly payday upon approval for manual workers and for clerical and other workers. None specified, pay periods may be daily, weekly, bi-weekly, semi-monthly or monthly.
Childcare providers shall have the option to be paid every two weeks. Effective January 1, , employers that meet certain requirements outlined in Rhode Island General Law Section Monthly payday for employees exempt from overtime provisions of the Fair Labor Standards Act.
Employees on a yearly salary can be paid on a monthly basis. Employers may implement bi-weekly and semi-monthly payday with written notice. Employees whose weekly wages total more than percent of the average weekly wage of the Commonwealth may be paid monthly, upon agreement of each affected employee.
Employer may pay bona fide executive, supervisory and other special classifications of employees once per month.