New Jersey § 34:11-56

§ 34:11-56.

For the purposes of this act 1 : “ Applicable waterfront prevailing wage rates ” means the wage rates paid by virtue of the multiemployer collective bargaining agreements

with waterfront employers in the Port of New York District, provided that if a collective

bargaining agreement applying to a smaller locality or single waterfront facility

stipulates wage rates different from the levels stipulated by the multiemployer collective

bargaining agreements with waterfront employers in the Port of New York district,

those different rates shall be the applicable waterfront prevailing wage rates for

that locality or facility. Contributions by a waterfront employer for benefits made pursuant to a collective

bargaining agreement shall be considered an integral part of the wage paid by the

waterfront employer for the purpose of determining the applicable waterfront prevailing

wage rates for purpose of this act. “ Carrier of freight by water ” shall mean any person engaged, or who may hold himself out as willing to be engaged,

whether as a common carrier, as a contract carrier, or otherwise, in the carriage

of freight by water, except for carriage of liquid cargoes in bulk in tank vessels

designed for use exclusively in such service, and except for carriage by barge of

bulk cargoes consisting of only a single commodity loaded or carried without wrappers

or containers and delivered by the carrier without transportation mark or count. “ Classification ” of longshoremen means categories of longshoremen, including: the kind of cargo

they handle, such as break-bulk terminal cargo, break-bulk vessel cargo, or containers;

job categories, such as laborers, equipment operators, checkers, crane operators,

or mechanics; and duration of employment. “ Commissioner ” means the Commissioner of Labor and Workforce Development or his duly authorized

representatives. “ Container ” means any receptacle, box, carton or crate which is specifically designed and constructed

so that it may be repeatedly used for the carriage of freight by a carrier of freight

by water. “ Department ” means the Department of Labor and Workforce Development of the State of New Jersey. “ Division ” means the Division of Wage and Hour Compliance in the Department of Labor and Workforce

Development. “ Financial assistance ” means any loan, loan guarantee, grant, incentive, tax exemption or other financial

assistance that is approved, funded, authorized, or administered by a public body,

or otherwise provided by the public body. “ Hiring agent ” means an individual, who on behalf of any other person selects longshoremen for

employment. “ Locality ” means any political subdivision of the State, combination of the same or parts thereof,

or any geographical area or areas classified, designated and fixed by the commissioner

from time to time, provided that in determining the “ locality ,” the commissioner shall be guided by the boundary lines of political subdivisions

or parts thereof, or by a consideration of the areas with respect to which it has

been the practice of waterfront employers of classifications of longshoremen to engage

in collective bargaining with the representatives of those classifications of longshoremen. “ Longshoreman ” means an individual, other than a hiring agent, who is employed for work at a waterfront

facility to: (a) move waterborne freight on a vessel berthed at waterfront facilities, or to or

from a barge, lighter or railroad car for transfer to or from the vessel; (b) engage in direct and immediate checking of the freight or its custodial accounting

or in the recording or tabulation of the hours worked at waterfront facilities by

longshoremen; (c) directly and immediately supervise longshoremen; or (d) perform any other labor or services incidental to the movement of waterborne freight

on vessels berthed at waterfront facilities, including, but not limited to, cargo

repairmen, coopers, general maintenance workers, mechanical and miscellaneous workers,

horse and cattle fitters, grain ceilers, port watchmen, and marine carpenters. “ Marine terminal ” means an area located in the State which includes piers, and is used primarily for

the moving, warehousing, distributing or packing of waterborne freight or freight

to or from those piers, and which, inclusive of such piers, is under common ownership

or control. “ Person ” means an individual or any partnership, joint venture, association, corporation

or any other legal entity other than a governmental entity. “ Pier ” includes any wharf, pier, dock or quay. “ Port watchman ” includes any watchman, gateman, groundsman, detective, guard, guardian or protector

of property employed by the operator of any pier or other waterfront terminal or by

a carrier of freight by water to perform services in such capacity on any pier or

other waterfront terminal. “ Public body ” means the State of New Jersey, any of its political subdivisions, and any authority,

instrumentality, or agency of the State of New Jersey or of any of its political subdivisions. “ Public waterfront facility ” means a waterfront facility located in the State which: (a) is owned, operated or administered by a public body; (b) receives financial assistance that is approved, funded, authorized, or administered

by a public body, or otherwise provided by the public body; or (c) is owned, operated or administered by a waterfront employer who receives financial

assistance that is approved, funded, authorized, or administered by a public body,

or otherwise provided by the public body. “ Stevedore ” means an employer of longshoremen who is a contractor or subcontractor, but not

an employee, engaged for compensation pursuant to a contract or arrangement with a

carrier of waterborne freight or operator of a waterfront facility, to move waterborne

freight carried or consigned for carriage by the carrier on, onto, or from vessels

of the carrier berthed at waterfront facilities, including: (a) a contractor engaged for compensation pursuant to a contract or arrangement with

a public entity, the United States, or any other state or territory thereof, to move

freight carried or consigned for carriage between any point in a waterfront facility

and a point outside of the waterfront facility on vessels berthed at the waterfront

facility, or (b) a contractor engaged for compensation pursuant to a contract or arrangement with

any person to perform labor or services incidental to the movement of waterborne freight

on, onto, or from vessels berthed at waterfront facilities, including, but not limited

to, cargo storage, cargo repairing, coopering, general maintenance, mechanical and

miscellaneous work, horse and cattle fitting, grain ceiling, and marine carpentry,

or (c) a contractor engaged for compensation pursuant to a contract or arrangement with

any other person to perform labor or services involving, or incidental to, the movement

of freight into or out of containers, which have been or which will be carried by

a carrier of freight by water, on vessels berthed at waterfront facilities. “ Waterborne freight ” shall mean freight carried by or consigned for carriage by carriers of freight by

water, including ships' stores, baggage and mail carried by or consigned for carriage

by carriers of freight by water. “ Waterfront employer ” means an operator of a waterfront facility, stevedore, or carrier of freight by

water who employs longshoremen at a waterfront facility. “ Waterfront facility ” means any marine terminal or pier, or any other waterfront terminal located in the

State. “ Waterfront terminal ” includes any warehouse, depot or other terminal located in the State, whether enclosed

or open, any part of which is used by any person to perform labor or services involving,

or incidental to, the movement of waterborne freight or freight. 1

L.2021, c. 336 (N.J.S.A. § 34:11-56.77 et seq.).