New Jersey § 34:21-16

§ 34:21-16.

As used in this act: “ Awarding authority ” means any person that awards or enters into a service contract or subcontract, except

that the Port Authority of New York and New Jersey shall not be an awarding authority. “ Contractor ” means any person, including a subcontractor, who enters into a service contract

or subcontract to be performed, provided the contractor employs more than four service

employees anywhere in the United States. “ Covered location ” means one of the following locations, whether publicly or privately owned: (1) multi-family residential building with more than 50 units; (2) commercial center or complex or an office building or complex occupying more than

100,000 square feet; (3) primary and secondary school, or tertiary educational institution; (4) cultural center or complex, such as a museum, convention center, arena or performance

hall; (5) industrial site or pharmaceutical lab; (6) airport and train station; (7) hospital, nursing care facility, senior care centers or other health care provider

location, except that the provisions of P.L.2023, c. 128 ( C.34:21-16 et seq. ) shall not apply to any change in control of a “health care entity,” as defined in

section 1 of P.L.2022, c. 101 ( C.34:11-4.15 ), which change in control falls within the scope of P.L.2022, c. 101 ( C.34:11-4.15 et seq. ); (8) State courts; or (9) warehouse or distribution center or other facility whose primary purpose is the

storage or distribution of general merchandise, refrigerated goods, or other products. “ Employer ” means any person who employs service employees at a covered location. “ Person ” means any individual, proprietorship, partnership, joint venture, corporation, limited

liability company, trust, association, or other entity that may employ persons or

enter into a service contract. “ Service contract ” means a contract between an awarding authority and a contractor to provide services

performed by a service employee at a covered location. “ Service employee ” means an individual employed or assigned to a covered location on a full- or part-time

basis for at least 60 days and who is not a managerial or professional employee or

regularly scheduled to work less than 16 hours per week in: (1) connection with the care or maintenance of a building or property, and includes

but is not limited to work performed by a security guard; a front desk worker; a janitor;

a maintenance employee; building superintendent; grounds maintenance worker; a stationary

fireman; elevator operator and starter; or window cleaner; (2) passenger-related security services, cargo-related and ramp services, in-terminal

and passenger handling and cleaning services at an airport; or (3) food preparation services at a primary or secondary school, or a tertiary educational

institution. “Service employee” does not include any individual who performs work on any building,

structural, electric, HVAC, or plumbing project, if the work requires a permit to

be issued by a municipal building or construction department. “ Successor employer ” means an employer that: (1) is awarded a service contract to provide, in whole or in part, services that are

substantially similar to those provided at any time during the previous 90 days; (2) has purchased or acquired control of a property where service employees were employed

at any time during the previous 90 days; or (3) terminates a service contract and hires service employees as its direct employees

to perform services that are substantially similar within 90 days after a service

contract is terminated or cancelled.