New Jersey § 34:11-68

§ 34:11-68.

a. Every contract with a public body under which a contractor or subcontractor engages

in the work of the collection or transportation of solid waste, including any recyclable

materials other than recycled or reclaimed asphalt or concrete, for the public body

shall contain a provision requiring the contractor and subcontractor to keep an accurate

record showing the name, the actual hourly rate of wages paid to, and the actual daily,

overtime and weekly hours worked by, each individual engaged in the collection and

transportation work done under the contract, and any other records deemed necessary

by the commissioner for the enforcement of wage payments, and the records shall be

preserved for two years from the date of payment. The record shall be open at all reasonable hours to the inspection of the public

body awarding the contract, any other party to the contract, and the commissioner,

and the contractor or subcontractor shall submit a certified payroll record showing

only the name, the actual hourly rate of wages paid to, and the actual daily, overtime

and weekly hours worked by each individual engaged in the collection and transportation

work done under the contract, in a form satisfactory to the commissioner, to the public

body for each payroll period not more than 10 days after the payment of wages. The public body shall make the certified payroll record open at all reasonable hours

to the inspection of any party to the contract, the commissioner, and any member of

the public. b. With respect to any contract with a public body for the collection or transportation

of solid waste, including any recyclable materials other than recycled or reclaimed

asphalt or concrete, the commissioner shall have the authority to investigate and

ascertain the wages of workers employed in connection with the contract, enter and

inspect the place of business or employment of the workers to question the workers

and examine, inspect and copy any books, registers, payrolls, and other records regarding

the wages, hours, and other conditions of employment of the workers, require from

the contractor or subcontractor written statements, including sworn statements, regarding

wages, hours, names, addresses, and other information about the workers the commissioner

deems appropriate, and require the contractor or subcontractor to file, within 10

days of receipt of a request, any records enumerated in this section, sworn to as

to their validity and accuracy. If the contractor or subcontractor fails to provide the requested records within

10 days, the commissioner may direct within 15 days the fiscal or financial officer

charged with the custody and disbursements of the funds of the public body which contracted

for the work to withhold immediately from payment to the contractor or subcontractor

up to 25% of the amount, not to exceed $100,000, to be paid to the contractor or subcontractor

under the terms of the contract. The amount withheld shall be immediately released upon receipt by the public body

of a notice from the commissioner indicating that the request for records has been

satisfied. c. Any contractor or subcontractor who willfully hinders or delays the commissioner

in the performance of his duties in the enforcement of this section, or fails to make,

keep or preserve any records required under the provisions of this act, or falsifies

any of the records, or refuses to furnish or make available any of the records to

the commissioner upon demand, otherwise violates any provision of this act or any

regulation or order issued under this act, shall be guilty of a disorderly persons

offense and shall, upon conviction, be subject to a fine of not less than $100 nor

more than $1,000, imprisonment for not less than 10 nor more than 90 days, or by both

the fine and imprisonment. As an alternative to or in addition to any other sanctions, if the commissioner

finds that the contractor or subcontractor has violated this act, the commissioner

is authorized to assess and collect administrative penalties, up to a maximum of $2,500

for a first violation and up to a maximum of $5,000 for each subsequent violation,

specified in a schedule of penalties to be promulgated as a rule or regulation by

the commissioner in accordance with the “Administrative Procedure Act,” P.L.1968,

c. 410 ( C.52:14B-1 et seq. ). When determining the amount of the penalty imposed because of a violation, the commissioner

shall consider factors including the history of previous violations, the seriousness

of the violation, the good faith of the contractor or subcontractor and the size of

the business. No administrative penalty shall be levied pursuant to this section unless the commissioner

provides the alleged violator with notification of the violation and of the amount

of the penalty by certified mail and an opportunity to request a hearing within 15

days following the receipt of the notice. If a hearing is requested, the commissioner shall issue a final order upon such

hearing and a finding that a violation has occurred. If no hearing is requested, the notice shall become a final order upon expiration

of the 15-day period. Payment of the penalty is due when a final order is issued or when the notice becomes

a final order. Any penalty imposed pursuant to this section may be recovered with costs in a summary

proceeding commenced by the commissioner pursuant to the “Penalty Enforcement Law

of 1999,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ). 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. d. For the purposes of this section: “ Commissioner ” means the Commissioner of Labor and Workforce Development or his duly authorized

representatives. “ Public body ” means the State of New Jersey, any of its political subdivisions, any authority

created by the Legislature of the State of New Jersey and any instrumentality or agency

of the State of New Jersey or of any of its political subdivisions. “ Contractor ” or “ subcontractor ” means a contractor or subcontractor who employs less than 1,000 employees in the

State of New Jersey.