If the Commissioner of Labor and Workforce Development determines, after investigation,
that an employer or any officer, agent, superintendent, foreman, or employee of the
employer has knowingly failed to properly classify an individual as an employee in
accordance with section 4 of this act 1 and failed to pay required wages, benefits, taxes or other contributions, or if a
final conviction and disposition of a violation of this act is made pursuant to section
5 of this act 2 in which the violator is found to be guilty of a crime of the second, third or fourth
degree, then the commissioner shall place the employer on a list of employers who
are prohibited from contracting, directly or indirectly, with any public body for
the construction of any public building or other public work projects, or from performing
any work on the same, for a period of three years. The commissioner shall give notice by mail of that list to any public body who shall
request the commissioner so to do.
In the case of a determination by the commissioner, if the person responsible denies
that a failure to properly classify an employee has occurred, he shall have the right
to apply to the commissioner for a hearing in accordance with the “Administrative
Procedure Act,” P.L.1968, c. 410 (C.52:14B-1 et seq.), which shall be afforded and a decision shall be rendered within 48 hours of the
request for a hearing. The commissioner may bring an action in Superior Court to enjoin or invalidate any
contract award made in violation of this section.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.