New Jersey § 34:8d-2

§ 34:8d-2.

As used in P.L.2023, c. 10 ( C.34:8D-1 et al.): “ Commissioner ” means Commissioner of Labor and Workforce Development, or a designee of the commissioner. “ Director ” means Director of the Division of Consumer Affairs in the Department of Law and

Public Safety, or a designee of the Director. “ Employ ” means to suffer or permit to work for compensation, including by means of ongoing,

contractual relationships in which the employer retains substantial direct or indirect

control over the employee's employment opportunities or terms and conditions of employment. “ Employer ” means any person or corporation, partnership, individual proprietorship, joint venture,

firm, company, or other similar legal entity who engages the services of an employee

and who pays the employee's wages, salary, or other compensation, or any person acting

directly or indirectly in the interest of an employer in relation to an employee. “ Hours worked ” means all of the time that the employee is required to be at the employee's place

of work or on duty. Nothing in P.L.2023, c. 10 ( C.34:8D-1 et al.) requires an employer to pay an employee for hours the employee is not required

to be at the employee's place of work because of holidays, vacation, lunch hours,

illness, and similar reasons. “ Designated classification placement ” means an assignment of a temporary laborer by a temporary help service firm to perform

work in any of the following occupational categories as designated by the Bureau of

Labor Statistics of the United States Department of Labor: 33-90000 Other Protective

Service Workers; 35-0000 Food Preparation and Serving Related Occupations; 37-0000

Building and Grounds Cleaning and Maintenance Occupations; 39-0000 Personal Care

and Service Occupations; 47-2060 Construction Laborers; 47-30000 Helpers, Construction

Trades; 49-0000 Installation, Maintenance, and Repair Occupations; 51-0000 Production

Occupations; 53-0000 Transportation and Material Moving Occupations; or any successor

categories as the Bureau of Labor Statistics may designate. “ Person ” means any natural person or their legal representative, partnership, corporation,

company, trust, business entity, or association, and any agent, employee, salesman,

partner, officer, director, member, stockholder, associate, trustee, or beneficiary

of a trust thereof. “ Temporary laborer ” means a person who contracts for employment in a designated classification placement

with a temporary help service firm. Temporary laborer does not include agricultural crew leaders who are registered

under the federal Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C.

s.1801 et seq., P.L.1971, c. 192 ( C.34:8A-7 et seq. ), or P.L.1945, c. 71 ( C.34:9A-1 et seq. ). “ Temporary help service firm ” means any person or entity who operates a business which consists of employing individuals

directly or indirectly for the purpose of assigning the employed individuals to assist

the firm's customers in the handling of the customers' temporary, excess or special

workloads, and who, in addition to the payment of wages or salaries to the employed

individuals, pays federal social security taxes and State and federal unemployment

insurance; carries workers' compensation insurance as required by State law; and

sustains responsibility for the actions of the employed individuals while they render

services to the firm's customers. A temporary help service firm is required to comply with the provisions of P.L.1960,

c. 39 ( C.56:8-1 et seq. ). “ Third party client ” means any person who contracts with a temporary help service firm for obtaining

temporary laborers in a designated classification placement. Third party client does not include the State or any office, department, division,

bureau, board, commission, agency, or political subdivision thereof that utilizes

the services of temporary help service firms.