New Jersey § 34:8-76

§ 34:8-76.

a. If an employee leasing company fails to comply with any of the requirements set

forth in this act, the department may rescind the registration of that employee leasing

company, thereby also rescinding the employee leasing company's co-employer status

for purposes of the act, but not relieving the employee leasing company or client

company from liabilities accrued. b. If the department rescinds the registration of an employee leasing company, all

client companies of the employee leasing company thereafter shall file reports and

make contributions separately, as provided in R.S.43:21-1 et seq. The department shall calculate the respective unemployment benefit experience contribution

rates and temporary disability contribution rates of the employee leasing company

and client company, thereafter, as set forth in subsection b. of section 7 of this

act, and the exclusive remedy provision of R.S.34:15-8 shall, as of the date upon which the department has rescinded the registration of

the employee leasing company, no longer apply to the employee leasing company relative

to personal injuries to, or the death of, any employee formerly covered by the employee

leasing agreement, by accident arising out of and in the course of employment, as

otherwise provided in the workers' compensation law. c. Notwithstanding any provisions of this act to the contrary, repeated and egregious

violations by an employee leasing company of the “New Jersey Prevailing Wage Act,”

P.L.1963, c. 150 ( C.34:11-56.25 et seq. ), the “unemployment compensation law,” R.S.43:21-1 et seq. , the “Temporary Disability Benefits Law,” P.L.1948, c. 110 ( C.43:21-25 et seq. ), the “New Jersey Gross Income Tax Act,” N.J.S.54A:1-1 et seq. , or other applicable State or federal tax laws, the “New Jersey State Wage and Hour

Law,” P.L.1966, c. 113 ( C.34:11-56a et seq. ), the laws concerning the regulation of child labor, Chapter 2 of Title 34 of the

Revised Statutes, the “Construction Safety Act,” P.L.1962, c. 45 ( C.34:5-166 et seq. ), the “Worker and Community Right to Know Act,” P.L.1983, c. 315 ( C.34:5A-1 et seq. ), the “Worker Health and Safety Act,” P.L.1965, c. 154 ( C.34:6A-1 et seq. ), the laws concerning the regulation of employment agencies, including P.L.1989, c. 331 ( C.34:8-43 et seq. ), the laws concerning suppliers of labor, including P.L.1971, c. 192 ( C.34:8A-7 et seq. ), the Seasonal Farm Labor Act, P.L.1945, c. 71 ( C.34:9A-1 et seq. ), the “Construction Workers' Fringe Benefit Security Act,” P.L.1987, c. 150 ( C.34:11A-1 et seq. ), the “Family Leave Act,” P.L.1989, c. 261 ( C.34:11B-1 et seq. ), the laws concerning the regulation of labor unions, including chapter 12 of Title

34 of the Revised Statutes, the laws concerning the regulation of labor disputes in

general, including P.L.1960, c. 193 ( C.34:13C-1 et seq. ), the workers' compensation law, chapter 15 of Title 34 of the Revised Statutes,

the “Conscientious Employee Protection Act,” P.L.1986, c. 105 ( C.34:19-1 et seq. ) , “The Public Works Contractor Registration Act,” P.L.1999, c. 238 ( C.34:11-56.48 et seq. ), the federal “Occupational Safety and Health Act,” 29 U.S.C. s.651 et seq., the “Fair Labor Standards Act of 1938,” 29 U.S.C. s.201 et seq., or the “National Labor Relations Act,” 29 U.S.C. s.151 et seq., shall result in rescission of registration of an employee leasing company by the

commissioner. d. Whenever the department shall find cause to rescind the registration of an employee

leasing company, it shall notify the registrant in writing of the reasons therefor,

and provide the registrant with an opportunity for a hearing in accordance with the

“Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ). e. Whenever the department rescinds a registration, it shall simultaneously notify

the client companies listed on the annual report required pursuant to section 4 of

this act of that action.