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February 2022 - Labor Bill Package Summary

Senate Bill 1438: Allows a union to bring a wage claim against a contractor or subcontractor on behalf of a worker whether or not the worker is a member of the union. May be heard in Senate Labor Committee as soon as March 7, 2022.

Senate Bill 1439: Requires any employer or contractor engaged in government work to file with NJ Department of Labor and Workforce Development, within 10 days of a request, “…any records all books, registers, payrolls, and other records of any such employer or contractor 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...” If the employer or contractor doesn’t comply within 10 days the NJDOLWD could direct the public body which contracted for the public work immediately to withhold from payment to the employer up to 25% of the amount owed, up to $100,000. This is already the requirement for prevailing wage work, this bill extends it to government work that is below the prevailing wage threshold.

Senate Bill 1440: Penalizes a contracting unit or qualified purchasing agent (QPA) for violating Local Public Contracts Law. First offense $100 Second $250. Third $500. QPA gets suspended for third offense. Why only Local Public Contracts Law and not all state contracting laws? Why the fines so low when are compared to contractors?

Senate Bill 1441: Allows NJ to require more hours in a US DOL apprenticeship than the USDOL does based on collective bargaining agreements in the respective industry. This bill may have a federal preemptive issue.

Senate Bill 1442: Requires public works contractor registration and certified payrolls to be completed electronically. Contractors must submit payroll records electronically within 10 days of payment to workers to both NJDOLWD and the public entity awarding the contract. Under current law these records are already required to be shared with the public entity awarding the contract and NJDOLWD. This bill makes the records available to union worker representatives. Why not just make them public?

Senate Bill 1443: Requires all contractors to register with the NJDOLWD, even if they perform no prevailing wage or government work. If a contractor has violated a labor law the contractor could have their registration revoked and be out of business for a period of up to five years at NJDOLWD discretion. At time of registration contractor will have to provide information on any violation of a labor law, Prevailing Wage Law, Public Works Contractors’ Registration Act, Contractor’s Registration Act, or Consumer Fraud Act. Also requires as a condition of registration a safety plan that is complaint with OSHA requirements (not sure what that is). This bill is modeled on a Delaware law and is a priority of Senator Singleton’s.

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