New Jersey § 34:11-56a1

§ 34:11-56a1.

As used in this act: (a) “ Commissioner ” means the Commissioner of Labor and Workforce Development. (b) “ Director ” means the director in charge of the bureau referred to in section 3 of this act. 1 (c) “ Wage board ” means a board created as provided in section 10 of this act. 2 (d) “ Wages ” means any moneys due an employee from an employer for services rendered or made

available by the employee to the employer as a result of their employment relationship

including commissions, bonus and piecework compensation and including the fair value

of any food or lodgings supplied by an employer to an employee, and, until December

31, 2018, “wages” includes any gratuities received by an employee for services rendered

for an employer or a customer of an employer. The commissioner may, by regulation, establish the average value of gratuities received

by an employee in any occupation and the fair value of food and lodging provided to

employees in any occupation, which average values shall be acceptable for the purposes

of determining compliance with this act in the absence of evidence of the actual value

of such items. (e) “ Regular hourly wage ” means the amount that an employee is regularly paid for each hour of work as determined

by dividing the total hours of work during the week into the employee's total earnings

for the week, exclusive of overtime premium pay. (f) “ Employ ” includes to suffer or to permit to work. (g) “ Employer ” includes any individual, partnership, association, corporation, and the State and

any county, municipality, or school district in the State, or any agency, authority,

department, bureau, or instrumentality thereof, or any person or group of persons

acting directly or indirectly in the interest of an employer in relation to an employee. (h) “ Employee ” includes any individual employed by an employer. (i) “ Occupation ” means any occupation, service, trade, business, industry or branch or group of industries

or employment or class of employment in which employees are gainfully employed. (j) “ Minimum fair wage order ” means a wage order promulgated pursuant to this act. (k) “ Fair wage ” means a wage fairly and reasonably commensurate with the value of the service or

class of service rendered and sufficient to meet the minimum cost of living necessary

for health. ( l ) “ Oppressive and unreasonable wage ” means a wage which is both less than the fair and reasonable value of the service

rendered and less than sufficient to meet the minimum cost of living necessary for

health. (m) “ Limousine ” means a motor vehicle used in the business of carrying passengers for hire to provide

prearranged passenger transportation at a premium fare on a dedicated, nonscheduled,

charter basis that is not conducted on a regular route and with a seating capacity

in no event of more than 14 passengers, not including the driver, provided, that such

a motor vehicle shall not have a seating capacity in excess of four passengers, not

including the driver, beyond the maximum passenger seating capacity of the vehicle,

not including the driver, at the time of manufacture. “Limousine” shall not include taxicabs, hotel or airport shuttles and buses, buses

employed solely in transporting school children or teachers to and from school, vehicles

owned and operated directly or indirectly by businesses engaged in the practice of

mortuary science when those vehicles are used exclusively for providing transportation

related to the provision of funeral services or vehicles owned and operated without

charge or remuneration by a business entity for its own purposes. (n) “ Seasonal employment ” means employment during a year by an employer that is a seasonal employer, or employment

by a non-profit or government entity of an individual who is not employed by that

employer outside of the period of that year commencing on May 1 and ending September

30, or employment by a governmental entity in a recreational program or service during

the period commencing on May 1 and ending September 30, except that “seasonal employment”

does not include employment of employees engaged to labor on a farm on either a piece-rate

or regular hourly rate basis. ( o ) “ Seasonal employer ” means an employer who exclusively provides its services in a continuous period of

not more than ten weeks during the months of June, July, August, and September, or

an employer for which, during the immediately previous calendar year, not less than

two thirds of the employer's gross receipts were received in a continuous period of

not more than sixteen weeks or for which not less than 75 percent of the wages paid

by the employer during the immediately preceding year were paid for work performed

during a single calendar quarter. (p) “ Small employer ” means any employer who employed less than six employees for every working day during

each of a majority of the calendar workweeks in the current calendar year and less

than six employees for every working day during not less than 48 calendar workweeks

in the preceding calendar year, except that, if the employer was newly established

during the preceding calendar year, the employer shall be regarded as a “small employer”

if the employer employed less than six employees for every working day during all

of the weeks of that year, and during a majority of the calendar workweeks in the

current calendar year, and, if the employer is newly established during the current

calendar year, the employer shall be regarded as a “small employer” if the employer

employed less than six employees for every working day during a majority of the calendar

workweeks in the current calendar year. (q) “ Long-term care facility direct care staff member ” means any health care professional licensed or certified pursuant to Title 26 or

Title 45 of the Revised Statutes who is employed by a long-term care facility and

who provides personal care, assistance, or treatment services directly to residents

of the facility in the course of the professional's regular duties. 1

N.J.S.A. § 34:11-56a2. 2

N.J.S.A. § 34:11-56a9.