Public Works Contractors - Senate Bill 4207

Public Works Contractors - Senate Bill 4207 makes changes to the apprectisehip requirements for contractors registered under the Public Works Contractor (PWC) Registration Act by impermissibly giving the NJ Commissioner of Labor the ability to determine if a contractor has met all the requirements of the USDOL apprenticeship. If the NJ Commissioner of Labor determines that a contractor has not met all the requirements of a USDOL apprenticeship, he can deny a PWC’s initial registration or its renewal, as well as revoke or suspend the PWC registration. If the NJ Commissioner of Labor makes a determination that a PWC is participating in an apprenticeship program that does not meet the requirements of a USDOL apprenticeship, then he has the ability to deny an initial registration or its renewal, as well as revoke or suspend, the PWC registration of any other contractor participating in that apprenticeship program. Furthermore, the law adds willfully making a false or misleading statement on the public works contractor registration a violation of the PWCR law. Finally, the bill increases the penalty from a mere disorderly persons offense to that plus a fine of between $2,500 and $25,000 and disbarment from being a PWC for three years. Disorderly persons offenses carry a possible jail term of up to six months for the officer or employee who made such statement. It is of dubious legality that the NJ Commissioner of Labor can pass judgement on the USDOL’s standards, but that will be left to an organization or contractor to sue the State of New Jersey to determine. Therefore, at this time, there is nothing for a contractor to do except to continue renewing their PWC Registration as they have. It will not be until a contractor has their PWC Registration revoked or denied or the NJ Department of Labor proposes a change in the regulations, that there is anything for a PWC contractor to do. Public Law 2021 c. 423.