New Jersey Statutes 34:15D-33. Definitions
Terms Used In New Jersey Statutes 34:15D-33
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
“Commissioner” means the Commissioner of Labor and Workforce Development, or the commissioner’s designee.
“Department” means the Department of Labor and Workforce Development.
“Direct business assistance from the department” means monetary or financial assistance in any form, including but not limited to a grant or other monetary or financial benefit awarded to a person by the department to assist the person in the conduct or operation of a business, occupation, trade, or profession in the State, in connection with the following programs:
(1) Customized training services provided pursuant to section 5 of P.L.1992, c.43 (C. 34:15D-5);
(2) Employment and training services provided pursuant to section 6 of P.L.1992, c.43 (C. 34:15D-6);
(3) Employment and training services funded by the Supplemental Workforce Fund for Basic Skills under section 1 of P.L.2001, c.152 (C. 34:15D-21);
(4) Outreach and training programs for minority group members and women in construction trade occupations or other occupations utilized in the performance of public works contracts funded by the New Jersey Builders Utilization Initiative for Labor Diversity (NJBUILD) pursuant to section 1 of P.L.2009, c.313 (C. 52:38-7);
(5) The New Jersey Innovation and Research Fellowship Program pursuant to section 3 of P.L.2015, c.235 (C. 34:15D-26);
(6) The Apprenticeship Start-Up Grant Program pursuant to section 3 of P.L.2019, c.417 (C. 34:15D-6.1);
(7) The Apprentice Assistance and Support Services Pilot Program pursuant to section 1 of P.L.2019, c.419 (C. 34:15D-6.2);
(8) The New Jersey Pathways Leading Apprentices to a College Education (NJPLACE) Program pursuant to section 1 of P.L.2009, c.200 (C. 34:15D-24);
(9) Any other program funded in whole or in part by the Workforce Development Partnership Fund established under section 9 of P.L.1992, c.43 (C. 34:15D-9);
(10) Any program funded by or through the Department in whole or in part under the “Workforce Innovation and Opportunity Act,” (29 U.S.C. § 3101 et seq.);
(11) Any program funded by or through the Department in whole or in part under the “Wagner-Peyser Act,” (29 U.S.C. § 49 et seq.);
(12) The Talent Network Program pursuant to section 2 of P.L.2019, c.125 (C. 34:15D-29);
(13) The industry-valued Credentials pilot program pursuant to P.L.2019, c.252 (C. 34:15D-30 et seq.);
(14) The High-Growth Industry Regional Apprenticeship Development Grant Pilot Program pursuant to P.L.2019, c.314 (C. 34:15D-32);
(15) The Youth Transitions to Work Partnership pursuant to P.L.1993, c.268 (C. 34:15E-1 et seq.);
(16) The At-Risk Youth Mentoring Program pursuant to P.L.1999, c.279 (C. 34:15F-1 et seq.); and
(17) Any other similar program by which the department confers a monetary or financial benefit upon a person to assist the person in the conduct or operation of a business, occupation, trade or profession in the State.
“Final order” means either a final administrative determination of the Commissioner issued following adjudication of a matter as a contested case pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C. 52:14B-1 et seq.), and the Uniform Administrative Procedure Rules, N.J.A.C.1:1, or where the department has made a finding regarding a violation of law or rule, or regarding the levying of a penalty or fee pursuant to law or rule, and has notified the violator of same and where the violator has either expressly waived the right to a hearing or has waived the right to a hearing by virtue of having failed to request same within the appropriate time limit established by either law or rule.
“Person” means a natural person or an organization, including but not limited to, a corporation, partnership, proprietorship, limited liability company, association, cooperative, joint venture, estate, trust, or government unit.
“Strategic enforcement” means a proactive, rather than purely complaint driven, approach to enforcement, which focuses agency resources to assist vulnerable employee communities and target high-violation industries with the ultimate goal of increasing the cost to violators of non-compliance, thereby changing non-compliant behavior in a sustainable way.
“State wage, benefit and tax laws” means “State wage, benefit and tax laws” as that term is defined in section 1 of P.L.2009, c.194 (C. 34:1A-1.11).
L.2021, c.166, s.1.