Official Site of The State of New JerseyChild Labor Laws and Regulations
THIS PAGE IS CURRENTLY BEING UPDATED: Please note that we are currently in the process of updating this page to reflect recent changes to the Child Labor Law. Click here to review the most recent changes.
This statute and rule reprint is for ready reference only. For official text consult the New Jersey Statutes Annotated and the New Jersey Administrative Code.
Please note that as of July 1, 2004, the formal name of the Department as denoted below as "The Department of Labor and Industry" or the "Department of Labor" will henceforth be denoted as "The Department of Labor and Workforce Development".
N.J.S.A. 34:2-21.1 et seq. Child Labor; Mercantile Establishments
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Definitions |
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Database created, maintained, employment of minors; employer registration, required; rules, regulations |
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Minors under 16 not to be employed; exceptions; nonresidents |
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Repealed by L.1962, c. 91, §10 |
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Limitations on minors' working hours |
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Lunch period for minors under 18 |
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Posting of law, list of prohibited occupations and schedule of hours of labor; permitting minors to begin later or stop earlier than time stated in schedule |
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Record of employment of minors under 19 |
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Repealed |
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Street trade; agricultural pursuits; ages when permitted; special permits; newspaper carriers |
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Fees or expenses not to be paid by child, parent or guardian |
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Prohibited employments for minors under 16 and under 18; exceptions |
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Inapplicability of § 34:2-21.17 to participants in junior achievement program |
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Minors as volunteers at community operated noncommercial recycling centers; provisions |
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Non-employee status of minor working voluntarily |
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Minors aged 14 to 17 permitted to work as volunteers for nonprofit organizations constructing affordable housing; prohibited acts; minimum insurance requirements |
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Minor working pursuant to § 34:2-21.17d deemed not to be an employee |
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Applicability |
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Rules and regulations |
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Enforcement of act; inspection of places and certificates |
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Penalty, Child Labor Law Enforcement Trust Fund, Advisory Board; annual report |
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Partial invalidity |
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Repeals |
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Effective date |
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Newspaperboys; effect of act upon rights under Workmen's Compensation Act |
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N.J.S.A. 34:2-21.57 et seq. Child Labor Laws - Theatrical |
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Definitions |
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Theatrical productions; employment of minors under 16 |
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Permit; grounds for issuance |
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Refusal to grant permit or certificate; grounds; record |
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Renewal of permits; inspection |
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Delivery of application to department of labor |
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Repealed by L.1981, c. 147, § 7, eff. May 14, 1981 |
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Employment of minor under 16 to perform indecent or immoral exhibition; high misdemeanor |
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Violations; penalty |
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Forms and regulations; safeguards governing working conditions, supervision and education |
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N.J.S.A. 40A:14-95 et seq. Municipalities and Counties - Junior Firemen's Auxiliary |
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Establishment of Junior Firemen's Auxiliary |
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Membership requirements for Junior Firefighters' Auxiliary |
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Insurance coverage for members |
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Rules, regulations governing Junior Firemen's Auxiliary |
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N.J.A.C. 12:58 Child Labor Regulations |
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SUBCHAPTER 1. GENERAL PROVISIONS |
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Purpose; scope |
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Apprentice and student learner in cooperative vocational education program |
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School to Work program |
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SUBCHAPTER 2. DEFINITIONS |
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Definitions |
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SUBCHAPTER 3. OCCUPATIONS PROHIBITED TO MINORS UNDER 16 YEARS OF AGE |
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Scope |
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Power driven machinery |
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Conveyors and related equipment |
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SUBCHAPTER 4. OCCUPATIONS PROHIBITED TO MINORS UNDER 18 YEARS OF AGE |
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Scope |
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Construction work |
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Agricultural machinery |
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Junk or scrap metal yard |
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Disorderly house |
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Highly inflammable substances |
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Radioactive substances and ionizing radiation |
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Carcinogenic substances |
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Toxic and hazardous substances |
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Compactors |
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Circular saws, band saws, and guillotine shears |
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Slaughtering and meat packing establishments; rendering plants; wholesale, retail or service establishments |
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Corrosive materials |
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Indecent or immoral exposure |
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Pesticides |
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Rim wheels |
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Bar service areas |
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SUBCHAPTER 5. VIOLATIONS AND ADMINISTRATIVE PENALTIES |
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Purpose; scope |
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Violations of the Act |
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Administrative penalties |
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Hearings |
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AVAILABILITY OF STANDARDS AND PUBLICATIONS REFERRED TO IN THIS CHAPTER |
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CHILD LABOR; MERCANTILE ESTABLISHMENTS
ARTICLE 2. CHILD LABOR
34:2-21.1. Definitions
(a) (Deleted by amendment, P.L.2022, c.63.)
(b) (Deleted by amendment, P.L.2022, c.63.)
(c) (Deleted by amendment, P.L.2022, c.63.)
(d) “School district” means any geographical area having authority over the public schools within that area.
(e) “Agriculture” includes farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in subsection (g) of section 15 [12 U.S.C. § 1141j] of the Agricultural Marketing Act, 46 Stat. 11 (12 U.S.C. § 141 et seq.), [12 U.S.C. 1141 et seq.] as amended), the planting, transplanting and care of trees and shrubs and plants, the raising of livestock, bees, fur-bearing animals or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market, provided that such practices shall be performed in connection with the handling of agricultural or horticultural commodities the major portion of which have been produced upon the premises of an owning or leasing employer.
(f) “Newspaper carrier” means any minor between 12 and 18 years of age who engages in the occupation of delivering, soliciting, selling and collecting for, newspapers outside of school hours on residential routes.
(g) “Restaurant” means any establishment or business primarily engaged in the preparation and serving of meals or refreshments, both food and drink, and shall include but not be limited to the following: dining establishments, catering establishments, industrial caterers, and drive-in restaurants.
(h) “Theatrical production” means and includes stage, motion picture and television performances and rehearsals therefor.
(i) “Seasonal amusement” means any exclusively recreational or amusement establishment or business which does not operate more than seven months in any calendar year or which has received during any consecutive six months of the preceding calendar year average receipts equal to or less than 33 1/3% percent of its average receipts for the other six months of that year. “Seasonal amusement” includes but is not limited to amusement rides and amusement device ticket sales, and operations of games. However, “seasonal amusement” does not include retail, eating or drinking concessions, camps, beach and swimming facilities, movie theatres, theatrical productions, athletic events, professional entertainment, pool and billiard parlors, circuses and outdoor shows, sport activities or centers, country club athletic facilities, bowling alleys, race tracks and like facilities which are not part of a diversified amusement enterprise.
“Commissioner” means the Commissioner of Labor and Workforce Development.
“Department” means the Department of Labor and Workforce Development.
“Caregiver” means a person over 18 years of age who is the biological parent, adoptive parent, foster parent, resource family parent, step-parent, parent-in-law or legal guardian, having a “parent-child relationship” with a child as defined by law, or having sole or joint legal or physical custody, care, guardianship, or visitation with a child, or who became the parent of the child pursuant to a valid written agreement between the parent and a gestational carrier.
34:2-21.1a. Database created, maintained, employment of minors; employer registration, required; rules, regulations
a. The department shall create and maintain a database for the employment of minors that is accessible by the public and that displays each employer that is required to register under P.L.2022, c.63 (C.34:2-21.1a et al.).
b. The database shall include the name and email address of each employer registered under P.L.2022, c.63 (C.34:2-21.1a et al.).
c. Any minor under the age of 18 years who desires to work, including but not limited to work as a news carrier or work in agriculture, shall complete a one-time registration on the database, but all information pertaining to the minor shall be confidential and shall not be accessible by the public. If the minor desires to work for a different employer or for an employer in addition to the employer for which the minor first registered, the minor shall update the minor’s registration. The minor shall be required to submit documentation, in the form and manner prescribed by the department, sufficient to adequately identify the minor, including but not limited to the social security number of the minor, and confirm the age of the minor, as well as identify the caregiver of the minor. The minor shall provide contact information, including email, if available, for the minor’s caregiver, as appropriate. The registration shall provide any physical limitations of which employers should be aware. Upon submission of documentation sufficient to meet the requirements of P.L.2022, c.63 (C.34:2-21.1a et al.), and the requirements of P.L.1940, c.153 (C.34:2-21.1 et seq.), the department shall maintain an employment certificate for the minor granting authorization for the minor to work in the occupation or field for which the minor has expressed an interest and provided documentation. Except as provided by subsection e. of this section, a minor shall not commence work with an employer unless that employer has received confirmation from the department that the minor has authorization to work.
d. Each employer that hires, employs, or permits any minor under the age of 18 to work in a gainful occupation as permitted by P.L.1940, c.153 (C.34:2-21.1 et seq.), shall register with the department, in the form and manner prescribed by the department, the following information:
(1) The name of the employer;
(2) The email address of the employer;
(3) Any location of the employer’s business operations, including any location at which a minor will be working;
(4) The number and names of minors whom the employer has hired, employed, or permitted to work in a gainful occupation, or for seasonal employment, whom the employer expects to hire; and
(5) A certified statement from the employer that the employer is employing minors in only those positions permitted by law to ensure the health, safety and well-being of minors.
An employer shall be required to update the employer’s registration as to any minor employee who is changing a position from the position for which the minor employee was originally hired to perform to a new position.
e. Within three days of an employer’s or a minor’s registration, the department shall cross-check names submitted by employers with minors who are registered on the database and, upon authorization by the minor’s caregiver in accordance with subsection f. of this section, send an electronic confirmation to employers of the minor’s authorization to work. If an employer does not receive confirmation from the department within one week of the employer’s submission, employment of the minor may commence unless and until the employer receives notification from the department that the minor has not received authorization to work.
f. Notwithstanding the provisions of any law to the contrary, and except as provided in this subsection, the department shall not approve a minor’s registration to work pursuant to subsection c. of this section without a caregiver’s authorization for the minor to work as specified by the minor in the minor’s registration. The department shall provide notification to a caregiver of a minor who has registered with the database for the caregiver to provide an authorization or rejection of the minor’s registration to work. The department shall send the notice by email, to the extent possible, and by certified mail if email is not available, regarding this authorization or rejection within three days of the minor’s registration. The caregiver shall submit an authorization or rejection electronically through the registration system established pursuant to this section. If a caregiver does not submit an authorization or rejection within two weeks of the department’s notification, then the department shall approve a minor’s registration for work unless and until a caregiver submits a rejection through the registration system. If a minor updates the minor’s registration to indicate a change in or addition of an employer, the department shall notify the caregiver by email, to the extent possible, and by certified mail if email is not available, of the change in registration. The caregiver shall submit an updated authorization or rejection electronically through the registration system established pursuant to this section. If a caregiver does not submit an authorization or rejection of the change within two weeks of the department’s notification, then the department shall approve the minor’s updated registration for work unless and until a caregiver submits a rejection through the registration system.
g. The Employment of Minors Advisory Council is established to consult with and provide recommendations to the department for the creation and administration of the database. The council shall consist of five members:
(1) One representative from the Department of Labor and Workforce Development to be appointed by the Governor;
(2) One representative from the Department of Education to be appointed by the Governor;
(3) Two members who are employers or who represent the interest of employers that employ a significant number of minors, one who shall be appointed by the Senate President and one who shall be appointed by the Speaker of the General Assembly; and
(4) One public member to represent the interests of caregivers of minors, to be appointed by the Senate President and the Speaker of the General Assembly.
Any vacancies occurring in the membership shall be filled in the same manner as the original appointments. The council shall hold at least two meetings per year to review the implementation and operations of the database.
h. The department, in consultation with the Employment of Minors Advisory Council and the Department of Education, shall promulgate rules and regulations necessary for the implementation of this act, P.L.2022, c.63 (C.34:2-21.1a et al.), including, but not limited to, developing a schedule for the registration of employers and minors in accordance with this act, P.L.2022, c.63 (C.34:2-21.1a et al.).
34:2-21.2. Minors under 16 not to be employed; exceptions; nonresidents
No minor under 16 years of age shall be employed, permitted, or suffered to work in, about, or in connection with any gainful occupation at any time; provided, that minors between 14 and 16 years of age may be employed, permitted or suffered to work outside school hours and during school vacations but not in or for a factory or in any occupation otherwise prohibited by law or by order or regulation made in pursuance of law; and provided, further, that minors under 16 years of age may engage in professional employment in theatrical productions upon the obtaining of a permit therefor and may engage outside school hours and during school vacations in agricultural pursuits or in street trades and as newspaperboys as defined in this act, in accordance with the provisions of section 15 of this act. Minors may also engage in employment in domestic service performed outside of school hours or during school vacations, in a residence other than the minor’s own home. Nothing in this act shall be construed to apply to the work of a minor engaged in domestic service or agricultural pursuits performed outside of school hours or during school vacations in connection with the minor’s own home and directly for his parents or legal guardian.
Except as to the employment of a minor for whom a theatrical employment permit has been issued, no minor under 16 years of age not a resident of this State shall be employed, permitted or suffered to work in any occupation or service whatsoever at any time during which the law of the state of his residence required his attendance at school, or at any time during the hours when the public schools in the district in which employment in such occupation or services may be available are in session.
34:2-21.2a. Repealed by L.1962, c. 91, §10
34:2-21.3. Limitations on minors' working hours
a. Except as provided in section 15 of P.L.1940, c.153 (C.34:2-21.15) and except for domestic service or messengers employed by communications companies subject to the supervision and control of the Federal Communications Commission, no minor under 18 years of age shall be employed, permitted, or suffered to work in, about, or in connection with any gainful occupation more than six consecutive days in any one week, or more than 40 hours in any one week, or more than eight hours in any one day, nor shall any minor under 16 years of age be so employed, permitted, or suffered to work before 7 a.m. or after 7 p.m. of any day, except that during the school year, a minor who is at least 14 or 15 years of age may work during non-school hours, for no more than three hours on a school day and no more than 18 hours in a school week, and up to eight hours on a non-school day during a school week, and except a minor who is 14 or 15 years of age may work in a restaurant, supermarket or other retail establishment, or in any occupation not prohibited by the provisions of this act, P.L.1940, c.153 (C.34:2-21.1 et seq.) or by regulations promulgated by the commissioner pursuant to this act, P.L.1940, c.153 (C.34:2-21.1 et seq.), up to 40 hours in a week during the period beginning on the last day of a minor’s school year and ending on Labor Day of each year until 9 p.m. of any day, and except a minor who is 14 or 15 years of age may be employed as a little league umpire for little leagues chartered by Little League Baseball, Incorporated, until 9 p.m. of any day; and except a minor who is 14 or 15 years of age may be employed as a professional athlete by a national sports association, league, or team until 11:30 p.m. of any day and following 11:30 p.m. of any day in the event that employment is a continuation of a workday which begins before 11:30 p.m. but ends later due to return travel or due to a match or game time delay, with a special written permit from the minor’s parents or legal guardian stating the hours that the minor is permitted to work; nor shall any minor between 16 and 18 years of age be so employed, permitted, or suffered to work before 6 a.m. or after 11 p.m. of any day; provided that minors between 16 and 18 years of age may be employed after 11 p.m. during any regular vacation season, and on days which do not precede a regularly scheduled school day; provided that minors between 16 and 18 years of age may be employed in a seasonal amusement or restaurant occupation after 11 p.m. and following 12:01 a.m. of the next day, if that employment is a continuation of a workday which began before 11 p.m., either during any regular school vacation season, or on workdays which do not begin on a day which precedes a regularly scheduled school day, except that in no case shall minors between 16 and 18 years of age be employed after 3 a.m. or before 6 a.m. on a day which precedes a regularly scheduled school day; provided, further, that minors may be employed in a concert or a theatrical performance up to 11:30 p.m.; provided, further, that minors between 16 and 18 years of age may serve at an election pursuant to R.S.19:6-2, between the hours of 5:30 a.m. and 9:00 p.m. on a day that the election is held; and provided, further, that minors not less than 16 years of age and who are attending school may be employed as pinsetters, lane attendants, or busboys in public bowling alleys up to 11:30 p.m.; and provided, further, that minors between 16 and 18 years of age may not be employed after 10 p.m. during the regular school vacation seasons in or for a factory or in any occupation otherwise prohibited by law or by order or regulation made in pursuance of law. The hours of work of minors under 16 employed outside school hours shall not exceed three hours in any one day when school is in session and shall not exceed in any one week when school is in session the maximum number of hours permitted for that period under the federal “Fair Labor Standards Act of 1938,” 29 U.S.C. § 201 et seq., and regulations promulgated pursuant to that federal act.
b. Notwithstanding the provisions of subsection a. of this section, a minor between 16 and 18 years of age may work up to 50 hours in one week and up to 10 hours in one day during the period beginning on the last day of the minor’s school year and ending on Labor Day. This subsection shall take effect immediately upon the date of enactment.
c. This section is not applicable to the employment of a minor between 16 and 18 years of age during the months of June, July, August or September by a summer resident camp, conference or retreat operated by a nonprofit or religious corporation or association, unless the employment is primarily general maintenance work or food service activities.
34:2-21.4. Lunch period for minors under 18
No minor under eighteen years of age shall be employed or permitted to work for more than six hours continuously without an interval of at least thirty minutes for a lunch period, and no period of less than thirty minutes shall be deemed to interrupt a continuous period of work.
34:2-21.5. Posting of law, list of prohibited occupations and schedule of hours of labor; permitting minors to begin later or stop earlier than time stated in schedule
Every employer shall post and keep conspicuously posted in the establishment wherein any minor under 18 is employed, permitted, or suffered to work a printed abstract of this act and a list of the occupations prohibited to such minors, to be furnished by the Department of Labor, and a schedule of hours of labor which shall contain the name of each minor under 18 the maximum number of hours he shall be required or permitted to work during each day of the week, the total hours per week, the time of commencing and stopping work each day, and the time for the beginning and ending of the daily meal period. An employer may permit such minor to begin work after the time for beginning, and stop before the time for ending work stated in the schedule; but he shall not otherwise employ or permit him to work except as stated in the schedule. This schedule shall be on a form provided by the Department of Labor and shall remain the property of that department. Nothing in this section shall apply to the employment of minors in agricultural pursuits or in domestic service in private homes, or as newspaperboys as provided in this act.
34:2-21.6. Record of employment of minors under 19
Every employer shall keep a record, in a form approved by the Department of Labor, which shall state the name, date of birth and address of each person under 19 years of age employed, the number of hours worked by said person on each day of the week, the hours of beginning and ending such work, the hours of beginning and ending meal periods, the amount of wages paid, and such other information as the department shall by regulation require. Such record shall be kept on file for at least 1 year after the entry of the record and shall be open to the inspection of the Department of Labor, of attendance officers and of police officers. Nothing in this section shall apply to the employment of minors in agricultural pursuits, or in domestic service in private homes, or as newspaperboys as provided in this act.
34:2-21.7 – 34:2-21.14 (REPEALED)
34:2-21.15. Street trade; agricultural pursuits; ages when permitted; special permits; newspaper carriers
Except as hereinafter provided as to newspaper carriers, no minor under 14 years of age may engage in any street trade, which term, for the purpose of this section shall include the selling, offering for sale, soliciting for, collecting for, displaying, or distributing any articles, goods, merchandise, commercial service, posters, circulars, newspapers or magazines or in blacking shoes on any street or other public place or from house to house. No minor under 12 years of age may be employed in agricultural pursuits.
Whenever a minor has graduated from vocational school, approved by the Commissioner of Education and is 17 years of age, the minor’s diploma or certified copy thereof and an employment certificate provided by the Department of Labor and Workforce Development shall be deemed authorization to engage in those pursuits in which the minor majored in said vocational school during those hours permitted for persons 18 years of age and over.
Except as hereinafter provided as to newspaper carriers, whenever a minor under 16 years of age desires to work during such times as the schools of the district in which the minor resides are not in session in any street trade or in agricultural pursuits, the minor may register with the Department of Labor and Workforce Development an application for authorization to work. Such registration shall show the exact character of the work the minor is to do, and the hours and wages and special conditions under which said work is to be performed.
If upon investigation it is found that the facts set forth in the application are true and that the work will not interfere with the minor’s health or standing in school, the Department of Labor and Workforce Development shall issue authorization allowing the minor to work at such times as the public schools in the district are not in session, but such work except in agricultural pursuits, and as newspaper carriers, to be otherwise subject to the maximum hours of labor provisions set for minors under 16 years of age in section 3 of P.L.1940, c.153 (C.34:2-21.3); provided, that nothing in P.L.1940, c.153 (C.34:2-21.1 et seq.) shall prevent newspaper carriers as defined in P.L.1940, c.153 (C.34:2-21.1 et seq.), between 11 and 14 years of age, from delivering, soliciting, selling and collecting for newspapers on routes in residential neighborhoods between the hours of 6:00 o’clock in the morning and 7:00 o’clock in the evening of any day; and newspaper carriers 14 years of age and older from delivering, soliciting, selling and collecting for newspapers on routes in residential neighborhoods between the hours of 5:30 o’clock in the morning and 8:00 o’clock in the evening of any day; and provided further that no newspaper carrier under the age of 18 years shall be permitted to engage in such occupation beyond the period of time wherein the combined hours devoted to said occupation as a newspaper carrier and the hours in school shall exceed a total of 40 hours per week and not more than 8 hours in any 1 day; and provided, further, that minors engaged in agricultural pursuits may be employed no more than 10 hours per day.
Such authorization shall show the name, address, and date of birth of the minor for whom it is issued, the kind of proof of age submitted, the nature of the occupation in which the minor is to engage, and such other information as the Department of Labor and Workforce Development may require.
Any authorization for work in agriculture shall be issued and active until the minor is 18 years of age.
Upon application by the minor who desires to work as a newspaper carrier as defined in P.L.1940, c.153 (C.34:2-21.1 et seq.), who is between the ages of 11 and 18 years of age, to the publisher of any newspaper in this State and upon receiving authorization from the Department of Labor and Workforce Development, such publisher may employ such newspaper carrier to deliver, solicit, sell and collect for newspapers outside of the newspaper carrier’s school hours on residential routes, and on Sundays and during school vacations.
The authorization shall show the name, address and date of birth of the newspaper carrier for whom it is issued, and such other information as the Department of Labor and Workforce Development may require.
The authorization shall remain in full force and effect unless and until the minor is 18 years of age.
The publisher shall keep a record of the name, address and birth date of each newspaper carrier who is a minor. Such records shall be kept on file by said publisher for a period of two years after the newspaper carrier has ceased delivering newspapers published by said publisher.
34:2-21.16. Fees or expenses not to be paid by child, parent or guardian
No fees or expenses incurred in obtaining any certificates under this act shall be charged to or paid by any child, parent, guardian or other person having custody or control of such a child for any service had under this act.
34:2-21.17. Prohibited employment
No minor under 16 years of age shall be employed, permitted or suffered to work in, about, or in connection with power-driven machinery.
No minor under 18 years of age shall be employed, permitted or suffered to work in, about, or in connection with the following:
The manufacture or packing of paints, colors, white lead, or red lead;
The handling of dangerous or poisonous acids or dyes; injurious quantities of toxic or noxious dust, gases, vapors or fumes;
Work involving exposure to benzol or any benzol compound which is volatile or which can penetrate the skin;
The manufacture, transportation or use of explosives or highly inflammable substances;
Oiling, wiping, or cleaning machinery in motion or assisting therein;
Operation or helping in the operation of power-driven woodworking machinery; provided, that apprentices operating under conditions of bona fide apprenticeship may operate such machines under competent instruction and supervision;
Grinding, abrasive, polishing or buffing machines; provided, that apprentices operating under conditions of bona fide apprenticeship may grind their own tools;
Punch presses or stamping machines if the clearance between the ram and the dye or the stripper exceeds 1/4 inch;
Cutting machines having a guillotine action;
Corrugating, crimping or embossing machines;
Paper lace machines;
Dough brakes or mixing machines in bakeries or cracker machinery;
Calender rolls or mixing rolls in rubber manufacturing;
Centrifugal extractors, or mangles in laundries or dry cleaning establishments;
Ore reduction works, smelters, hot rolling mills, furnaces, foundries, forging shops, or any other place in which the heating, melting, or heat treatment of metals is carried on;
Mines or quarries;
Steam boilers carrying a pressure in excess of 15 pounds;
Construction work of any kind, except in the construction of affordable housing as a volunteer for a nonprofit organization as provided in section 1 of P.L.1994, c.82 (C.34:2-21.17d);
Fabrication or assembly of ships;
Operation or repair of elevators or other hoisting apparatus;
The transportation of payrolls other than within the premises of the employer.
No minor under 18 years of age shall be employed, permitted, or suffered to work in, about, or in connection with any establishment where alcoholic liquors are distilled, rectified, compounded, brewed, manufactured, bottled, or are sold for consumption on the premises, or in a pool or billiard room; provided, however, this paragraph shall not apply to minors 16 years of age or over, employed as pinsetters, lane attendants, or busboys in public bowling alleys as provided in section 3 of P.L.1940, c.153 (C.34:2-21.3) or to minors employed in theatrical productions where alcoholic beverages are sold on the premises.
Minors 14 years of age or over may be employed as golf course caddies and pool attendants.
No minor under 18 years of age shall be employed, permitted, or suffered to work in any place of employment, or at any occupation hazardous or injurious to the life, health, safety, or welfare of such minor, as such occupation shall, from time to time, be determined and declared by the Commissioner of Labor to be hazardous or injurious to the life, health, safety, or welfare of such minor, after a public hearing thereon and after such notice as the commissioner may by regulation prescribe.
None of the provisions of this section regarding employment in connection with alcoholic liquors shall be construed to prevent the employment of minors 16 years of age or more in a restaurant as defined in section 1 of P.L.1940, c.153 (C.34:2-21.1) and as provided for in section 3 of P.L.1940, c.153 (C.34:2-21.3), in a public bowling alley as provided in this section, or in the executive offices, maintenance departments, or pool or beach areas of a hotel, motel or guesthouse; provided, however, that no minor shall engage in the preparation, sale or serving of alcoholic beverages, nor in the preparation of photographs, nor in any dancing or theatrical exhibition or performance which is not part of a theatrical production where alcoholic beverages are sold on the premises, while so employed; and provided, further, that any minor so employed shall be closely supervised while engaged in the clearing of alcoholic beverages.
Nothing in this section shall be deemed to apply to the work done by pupils in public or private schools of New Jersey, under the supervision and instruction of officers or teachers of such organizations or schools, or to a minor who is 17 years of age employed in the type of work in which such minor majored under the conditions of the special vocational school graduate permit provided in section 15 of P.L.1940, c.153 (C.34:2-21.15).
Nothing in this section shall be construed to prevent minors 14 years of age or older who are members of a Junior Firefighters' Auxiliary, created pursuant to N.J.S.40A:14-95, from engaging in any activities authorized by N.J.S.40A:14-98.
Notwithstanding any provision of this section to the contrary, a minor who is 15 years of age or older may work as a cashier or bagger on or near a supermarket or retail establishment cash register conveyor belt.
34:2-21.17a. Inapplicability of § 34:2-21.17 to participants in junior achievement program
Section 17 to P.L. 1940, c. 153 (C. 34:2-21.17) shall not apply to minors under the age of 18 years who participate or work in any junior achievement program. As used in this act "junior achievement program" means any program under which minors under the age of 18 engage in business enterprises or activities pursuant to an economics education program conducted under the guidance of adult sponsors from private business and industry.
34:2-21.17b. Minors as volunteers at community operated noncommercial recycling centers; provisions
Concurrent with all other provisions of P.L.1940, c. 153 (C. 34:2-21.1 et seq.), minors who are 12 through 17 years of age shall be permitted to work as volunteers at community operated noncommercial recycling centers operated by a municipality or a community service organization authorized by a municipality to operate a recycling center subject to the following provisions:
a. That these recycling centers handle only those waste products normally included in the municipal waste stream such as newspapers and glass and metal beverage containers;
b. That under no circumstances shall a minor be permitted to work in a community recycling center that is in any way associated with a profit making commercial enterprise other than to sell the recyclable products referred to in subsection a.;
c. That no minor shall operate, perform maintenance, clean, inspect or work in, about, or in connection with any power driven machinery involved in the recycling process;
d. That no minor shall work in a community recycling center without the safety equipment required by law;
e. That no minor shall be permitted to work as a volunteer at a recycling center except under the direct supervision of an adult;
f. That no minor shall handle or be exposed to hazardous waste products or other hazardous substances; and
g. That the municipality which operates the center or authorizes the operation of the center by a community service organization has secured adequate liability insurance to provide compensation for all injuries sustained by minors working voluntarily at the center.
For the purposes of this section, "community operated noncommercial recycling center" means any recycling center that is sponsored by a municipality and is engaged in the recycling activity as a community service.
34:2-21.17c. Non-employee status of minor working voluntarily
A minor working voluntarily at a recycling center shall not be deemed an employee under R.S. 34:15-36. A municipality or community service organization which uses the services of a minor under this act shall not be subject to R.S. 34:15-10, provided that the municipality or organization has fully complied with P.L.1940, c. 153 (C. 34:2-21.1 et seq.) and the provisions of this act.
34:2-21.17d. Minors aged 14 to 17 permitted to work as volunteers for nonprofit organizations constructing affordable housing; prohibited acts; minimum insurance requirements
Concurrent with all other provisions of P.L.1940, c. 153 (C. 34:2-21.1 et seq.), minors who are 14 through 17 years of age shall be permitted to work as volunteers for nonprofit organizations engaged in the construction of affordable housing as determined by the Commissioner of Labor subject to the following provisions:
a. That under no circumstances shall a minor be permitted to work in a project involving the construction of affordable housing that is in any way associated with a profit making commercial enterprise;
b. That no minor shall operate, perform maintenance, clean, inspect or work in, about, or in connection with any power driven machinery involved in the construction of affordable housing;
c. That no minor shall engage in the construction of affordable housing without the safety equipment required by law;
d. That no minor shall be permitted to work as a volunteer in the construction of affordable housing except under the direct supervision of an adult;
e. That no minor shall be exposed to hazardous waste products or other hazardous substances;
f. That no minor shall be permitted to work on any excavation, scaffolding or roofing;
g. That no minor shall be permitted to work:
(1) during school hours;
(2) before 7 a.m.;
(3) after 7 p.m.; except that minors may work until 9 p.m. between Memorial Day and Labor Day;
(4) for more than five consecutive hours without a half-hour break; and
(5) for more than 18 hours per week when school is in session; and
h. That the nonprofit organization engaged in the construction of affordable housing has secured liability insurance to provide compensation for all injuries, including, but not limited to, occupational illness, sustained by minors working voluntarily in the construction of affordable housing. The insurance required by this section shall have coverage limits of at least $2,500,000 per occurrence, at least $2,500,000 aggregate per year and $250,000 for property damage, or such higher amounts as the Commissioner of Insurance may promulgate from time to time to adjust for inflation.
34:2-21.17e. Minor working pursuant to § 34:2-21.17d deemed not to be an employee
A minor working voluntarily in the construction of affordable housing pursuant to section 1 of this act shall not be deemed an employee under R.S. 34:15-36. A nonprofit organization which uses the services of a minor under this act shall not be subject to R.S. 34:15-10, provided that the nonprofit organization has fully complied with P.L.1940, c. 153 (C. 34:2-21.1 et seq.) and the provisions of this act.
34:2-21.17f. Applicability
Section 17 of P.L.1940, c. 153 (C.34:2-21.17) shall not apply to minors under the age of 18 who have successfully reached the ninth or higher grade level and who have the approval of a parent or guardian to participate or work in any educational program in science. A school student shall not participate or work in the program more than 20 hours per week during the school year.
As used in this act "educational program in science "means a program in which any minor under the age of 18 who has successfully reached the ninth or higher grade level participates in a scientific project or activity located in a research facility pursuant to an educational program under the supervision of the minor's school and adult sponsors from private business and industry, provided that no supervision by a school shall be required if the minor is a high school graduate.
34:2-21.17g. Rules and regulations
The Commissioner of Labor, in consultation with the Commissioner of Education, shall, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to implement the provisions of this act.
34:2-21.18. Enforcement of act; inspection of places and certificates
It shall be the duty of the Department of Labor and its inspectors and agents, acting under the Commissioner of Labor, to enforce the provisions of this act, to make complaints against persons violating its provisions, and to prosecute violations of the same. The Commissioner of Labor and any inspector or other authorized person acting under him, attendance officers and other persons employed by law to compel the attendance of children at school, and officers and agents of any duly incorporated society for the protection of children from cruelty and neglect, shall have authority to enter and inspect at any time any place or establishment covered by this act, and to have access to employment or age certificates or special permits kept on file by the employers and such other records as may aid in the enforcement of this act.
34:2-21.19. Penalty, Child Labor Law Enforcement Trust Fund, Advisory Board; annual report
a. Whoever employs or permits or suffers any minor to be employed or to work in violation of this act, or of any order or ruling issued under the provisions of this act, or obstructs the Department of Labor and Workforce Development, its officers or agents, or any other person authorized to inspect places of employment under this act, and whoever, having under his control or custody any minor, permits or suffers him to be employed or to work in violation of this act, shall be guilty of an offense. If a defendant acts knowingly, an offense under this section shall be a crime of the fourth degree. Otherwise it shall be a disorderly persons offense and the defendant shall, upon conviction for a violation, be punished by a fine of not less than $100 nor more than $2,000 for an initial violation and not less than $200 nor more than $4,000 for each subsequent violation. Each day during which any violation of this act continues shall constitute a separate and distinct offense, and the employment of any minor in violation of the act shall with respect to each minor so employed, constitute a separate and distinct offense.
b. As an alternative to or in addition to any other sanctions provided by law for violations of P.L.1940, c.153 (C.34:2-21.1 et seq.), when the Commissioner of Labor and Workforce Development finds that an individual has violated that act, the commissioner is authorized to assess and collect administrative penalties of not more than $500 for a first violation, not more than $1,000 for a second violation, and not more than $2,500 for each subsequent violation, specified in a schedule of penalties to be promulgated as a rule or regulation by the commissioner in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). When determining the amount of the penalty imposed because of a violation, the commissioner shall consider factors which include the history of previous violations by the employer, the seriousness of the violation, the good faith of the employer, and the size of the employer's business. No administrative penalty shall be levied pursuant to this section unless the Commissioner of Labor and Workforce Development provides the alleged violator with notification of the violation and of the amount of the penalty by certified mail and an opportunity to request a hearing before the commissioner or his designee within 15 days following the receipt of the notice. If a hearing is requested, the commissioner shall issue a final order upon such hearing and a finding that a violation has occurred. If no hearing is requested, the notice shall become a final order upon expiration of the 15-day period. Payment of the penalty is due when a final order is issued or when the notice becomes a final order. Any penalty imposed pursuant to this section may be recovered with costs in a summary proceeding commenced by the commissioner pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c. 274 (C.2A:58-10 et seq.). Any sum collected as a fine or penalty pursuant to this section shall be deposited in the Child Labor Law Enforcement Trust Fund established pursuant to subsection c. of this section.
c. There is established in the Department of Labor and Workforce Development the Child Labor Law Enforcement Trust Fund. All moneys in the fund shall be applied by the department toward the enforcement of the provisions of P.L.l940, c.153 (C.34:2-21.1 et seq.) and to disseminate information and publicity regarding those provisions to employers, employer organizations, employees, unions, and teachers, counselors, social workers and other professionals engaged in work involving the welfare of children.
d. There is established a Child Labor Law Enforcement Advisory Board to advise the Commissioner of Labor and Workforce Development, and issue an annual report, regarding the use of moneys from the Child Labor Law Enforcement Trust Fund and other issues the board deems appropriate concerning child labor, including the impact of excessive or hazardous work on the educational success, health and general well-being of children. The board shall consist of the commissioner or his designee, who shall serve as the chair, and seven members appointed by the commissioner as follows: two members representing organizations of employers in industries with significant numbers of employees who are minors, two members representing labor unions in industries with significant numbers of employees who are minors, one member representing an organization of school administrators, one member representing an organization of school employees, and one member who is an individual with expertise on the impact of excessive or hazardous work on the educational success, health, and general well-being of children. Members appointed by the commissioner shall be appointed for two-year terms and may be appointed for any number of terms. Members shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties. Action may be taken by the board by an affirmative vote of a majority of its members. The first annual report shall be issued not later than 12 months after the effective date of this act. Each annual report may include recommendations to enhance the enforcement and publicizing of the provisions of P.L.l940, c.153 (C.34:2-21.1 et seq.). The advisory board shall have access to reports, data and other information regarding child labor in the possession of the department and assistance from department personnel as required to perform its duties.
34:2-21.20. Partial invalidity
If any provisions of this act or the application thereof to any person or circumstance is held invalid, the remainder of the act and the application of such provisions to other persons or circumstances shall not be affected thereby.
34:2-21.21. Repeals
The provisions of article two, chapter two, of Title 34, Revised Statutes [§§ 34:2-2 to 34:2-21], and of sections 18:14-15 to 18:14-33, inclusive, of the Revised Statutes, are hereby repealed.
34:2-21.22. Effective date
This act shall take effect September first, one thousand nine hundred and forty.
34:2-21.22a. Newspaperboys; effect of act upon rights under Workmen's Compensation Act
Nothing in this act shall be construed to affect adversely any right or rights of newspaperboys under the provisions of chapter 15 of Title 34 of the Revised Statutes of New Jersey.
N.J.S.A. 34:2-21.57 et seq. Child Labor Laws - Theatrical
34:2-21.57. Definitions
As used in P.L.1962, c.91 (C.34:2-21.57 et seq.):
a. "Professional employment" means employment for pay as an actor or performer in a theatrical production.
b. "Theatrical production" means and includes stage, motion picture and television performances and rehearsals therefor.
c. "Prohibited performance" means and includes appearances as a rope or wire walker or rider, gymnast, wrestler, boxer, contortionist, acrobat, rider of a horse or other animal unless the minor is trained to safely ride such horse or animal, or rider of any vehicle other than that generally used by a minor of the same age, or appearance in any illegal, indecent, or immoral exhibition, practice, or theatrical production or in any practice, exhibition, or theatrical production dangerous to the life, limb, health or morals of a minor, or appearance or exhibition of a minor with a physical or mental disability. “Prohibited performance” also means and includes, but is not limited to, the following:
The exposure of a minor between 15 days of age to six months of age to light exceeding 100 foot-candles for more than 30 seconds at a time;
The exposure of a minor between 15 days and two years of age to atmospheric smoke;
Requiring, coercing, or otherwise permitting a minor to pose nude or perform acts which are sexually explicit; and
A minor’s presence on a set while adults are posing nude or performing acts which are sexually explicit.
34:2-21.58. Theatrical productions; employment of minors under 16
2.  a. Notwithstanding any provision of the child labor laws of this State, the professional employment of minors under the age of 18 years in theatrical productions is authorized upon compliance with the conditions in P.L.1962, c.91 (C.34:2-21.57 et seq.) set forth.
b. (1) If a minor is guaranteed three or more days of employment, the employer shall provide time during the workday for the minor to fulfill the minor’s educational requirements.
(2) This instructional time shall average at least three hours per missed day of school day, calculated on a weekly basis.
(3) Extra teaching time above three hours per day provided to the child performer may be carried over to another day in the same week or another week, subject to the following limit: no more than 10 hours of teaching time may be carried over from week to week.
(4) Any hours carried over from week to week shall be subject to the discretion of the teacher who has been provided by the employer.
(5) The minor shall receive equivalent instruction approved by the Department of Education or by the state or county of the minor’s residence if the minor is not a resident of New Jersey.
(6) The employer shall provide a teacher who is credentialed for the level of education required by State law or regulation for the minor from the third missed day of school through the remainder of the minor's employment in the theatrical production.
c. The daily working hours of minors shall be as follows:
(1) infants between 15 days and six months of age, may work up to 20 minutes, and time on set shall not exceed two hours;
(2) infants and minors between six months and under two years of age, may work up to two hours, and time on set shall not exceed four hours;
(3) minors between two years old and under six years old, may work up to three hours, and time on set shall not exceed six hours;
(4) minors between six years old and under nine years old, up to four hours on a school day and up to six hours on a non-school day and time on set shall not exceed eight hours;
(5) minors between nine years old and under 16 years old, up to five hours on a school day and up to seven hours on a non-school day and time on set shall not exceed nine hours; and
(6) minors between 16 years old and under 18 years old to work on set for up to six hours on a school day and up to nine hours on a non-school day and time on set shall not exceed 10 hours.
d. The minor shall be under the direct care and supervision of an adult who is a parent, guardian, or a designated representative at all times during the minor’s employment or while living away from home when required as an incident of the employment.
e. Employment of a minor shall not be for more than six days in any seven day period.  The minor shall not be employed before 5:00 a.m. or after 10:00 p.m. on any day preceding a school day.  A minor may be employed between the hours of 5:00 a.m. and 12:30 a.m. on any day preceding a non-school day.
f. Nothing in P.L.1962, c.91 (C.34:2-21.57 et seq.) shall prevent the employer of a minor in a theatrical production from complying with a collective bargaining agreement or other contract that establishes more stringent standards than those contained in P.L.1962, c.91 (C.34:2-21.57 et seq.), and nothing in P.L.1962, c.91 (C.34:2-21.57 et seq.) shall be construed as reducing, limiting, or curtailing the rights of a minor employed in a theatrical production.
34:2-21.59. Permit; grounds for issuance
3. a. (1) Prior to employing any minor in any work or activity, an employer in the entertainment industry shall apply to the Department of Labor and Workforce Development for a permit to employ minors in that work or activity.
Upon application of the employer, the Department of Labor and Workforce Development shall issue a permit to employ minors valid for a period of one year if the conditions as to permissible work or activity, as prescribed in P.L.1962, c.91 (C.34:2-21.57 et seq.) are met, and the employment does not involve a type of prohibited performance as defined in section 1 of P.L.1962, c.91 (C.34:2-21.57) or any work or activity which is not hazardous or detrimental to the health, safety, morals, or education of the minors.
(2) Prior to a minor commencing employment in the entertainment industry, the parent or guardian of the minor shall submit an application to the Department of Labor and Workforce Development to obtain an entertainment work permit for the minor.
The application shall include, but not be limited to:
(1) the minor’s name, age, birth date, and address, and the parent or guardian’s name, age, birth date, and address;
(2) written verification from the appropriate school district to confirm the minor's school record, attendance, and compliance with the district’s standards for age, academic performance, attendance, and health;
(3) for minors who are not yet of age for mandatory school attendance and in other circumstances in which the department’s review of school records warrants additional information, the department may require a physical examination to ensure the minor is physically able to perform the work specified in the permit; and
(4) any additional information as deemed necessary and appropriate by the commissioner.
Upon the filing of an application and a determination that all requirements have been met, the department shall issue an entertainment work permit.  The permit shall authorize the minor to work only under the conditions specified by P.L.1962, c.91 (C.34:2-21.57 et seq.), and in accordance with all applicable laws regarding the working hours, health, safety, and welfare of minors.
An application for a permit authorizing employment of a minor in a theatrical production made by a parent or guardian of the minor under this section shall be valid for a period of one year that shall permit a minor to work for multiple employers or on multiple productions in accordance with the requirements of P.L.1962, c.91 (C.34:2-21.57 et seq.).
b. A waiver to the requirements for a permit may be issued by the issuing officer or by the Commissioner of Labor and Workforce Development in cases involving a significant contribution to the development of the motion picture industry in the State as determined by the Motion Picture and Television Development Commission, or for good cause shown, as determined by the issuing officer or the commissioner.  In such cases, the commissioner shall also have the authority to alter or amend the hours of the day but not the total hours in the day during which a minor may work if the waiver will not foreseeably impair the educational instruction, supervision, health and welfare of the minor, and the waiver is necessary for good reasons shown by the employer.  The commissioner shall set forth the terms of any waiver in the permit.  The department may issue a waiver to an employer electronically, and the employer shall maintain a copy of the waiver at the place of employment.  The employer shall make the waiver available to the department for inspection upon request.
c. During a state of emergency or public health emergency, any aspect of the permit authorization process requiring the personal appearance of the minor or the minor's parent or guardian may be satisfied through the use of audio-visual technology in a manner consistent with the provisions of subsection b. of section 8 of P.L.1940, c.153 (C.34:2-21.8).
d. The Department of Labor and Workforce Development shall establish and maintain a registration system for authorizing permits to an employer to employ a minor or to a minor to authorize the minor to work in a theatrical production that is independent from the registration database for minors established in section 6 of P.L.2022, c.63 (C.34:2-21.1a). The registration system for employment of a minor in accordance with this section shall require the creation of a registration account for the purpose of obtaining a permit for employment of a minor in a theatrical production by:
(1) the parent or guardian of the minor seeking authorization for the minor to work; and
(2) the employer seeking to employ a minor.
The registration system shall provide for a minor to create an account that is linked to the account of the parent or guardian of the minor.
Any person applying for a permit pursuant to this section shall not also be required to register in the database established in section 6 of P.L.2022, c.63 (C.34:2-21.1a) if the sole purpose for the registration is for the permit authorizing the employment of the minor in a theatrical production because the registration system created by P.L.    , c.    (pending before the Legislature as this bill) shall be the exclusive process for obtaining that permit.
e. Upon application by a parent or guardian, and prior to the first employment of a minor in a theatrical production, the commissioner may issue a temporary child performer permit in order to give the parent or guardian of the minor time to:
(1) establish a trust account for the minor as required by law; or
(2) produce all documentation required by the department for the issuance of a permit authorizing the employment of a minor in a theatrical production.
f. A temporary child performer permit issued in accordance with subsection e. of this section shall be valid for 15 days from the date of issuance and may be issued only once for a specified minor.
g. (1) In accordance with subsection b. of this section, an employer may apply for a waiver of any permit requirement for the employment of a minor when compliance would be impracticable due to production-specific circumstances, provided that the health, safety, and welfare of the minor are maintained. An employer shall submit a request for a waiver of a permit requirement for the employment of a minor in writing, which may include electronic communication, and shall include a summary of:
(a) any provision for which a waiver is requested;
(b) the circumstances necessitating the request;
(c) the anticipated duration of the waiver; and
(d) the minor impacted by the waiver.
(2) An employer shall submit a request for a waiver under this subsection as far in advance as is reasonable and practical under the circumstances. The department may consider and approve a request for a waiver on an expedited basis, including but not limited to, a request made on short notice, when deemed necessary and appropriate.
34:2-21.60. Refusal to grant permit or certificate; grounds; record
The issuing officer or the Commissioner of Labor, pursuant to section 3b. of P.L.1962, c. 91 (C. 34:2-21.59), may refuse to grant a permit or certificate if, in his judgment, the best interests of the minor would be served by such refusal and he shall keep a record of such refusals, and the reasons therefor. A refusal by the issuing officer shall not preclude a contrary decision by the commissioner.
34:2-21.61. Renewal of permits; inspection
Permits may be renewed upon application. A separate permit shall be required for each employee. The employer shall have the permit available for inspection at all times at the place of employment.
34:2-21.62. Delivery of application to department of labor
The Department of Education shall deliver a copy of each application to the Department of Labor.
34:2-21.63. Repealed by L.1981, c. 147, § 7, eff. May 14, 1981
34:2-21.63a. Employment of minor under 16 to perform indecent or immoral exhibition; high misdemeanor
Any person who obtains a permit under this act and employs a minor under the age of 16 to perform an indecent or immoral exhibition, which exhibition is a prohibited performance under this act, shall be guilty of a high misdemeanor. For the purpose of this act, indecent or immoral exhibition means (1) sexual intercourse, or (2) anal intercourse, or (3) masturbation, or (4) bestiality, or (5) sadism, or (6) masochism, or (7) fellatio, or (8) cunnilingus, or (9) any other sexual activity, or (10) nudity, if such nudity is to be depicted for the purpose of sexual stimulation or gratification of any person who may view such depiction.
34:2-21.63b. Violations; penalty
Whoever obtains any permit under this act (P.L.1962, c. 91; C. 34:2-21.57 et seq.) upon any false statement made in applying therefor, or employs or permits or suffers any minor to be employed or to work in violation of this act or of the terms of any permit issued under this act or of any order or ruling issued under the provisions of this act, or obstructs the Departments of Labor and Education, their officers or agents, or any other person authorized to inspect places of employment under this act, and whoever, having under his control or custody any minor, permits or suffers him to be employed or to work in violation of this act is guilty of an offense. Where a defendant acts knowingly, an offense under this section shall be a crime of the fourth degree. Otherwise, it shall be a disorderly persons offense. Each day during which any violation of this act continues shall constitute a separate and distinct offense, and the employment of any minor in violation of the act shall with respect to each minor so employed, constitute a separate and distinct offense.
34:2-21.64. Forms and regulations; safeguards governing working conditions, supervision and education
The Department of Education and the Department of Labor shall prescribe forms and regulations concerning applications for and issuance of permits and certificates and the Department of Labor may issue regulations concerning the administration and enforcement of this act and, notwithstanding any provisions of law to the contrary, after consultation with the Department of Education, shall prescribe special safeguards governing the working conditions, supervision and education of minors under the age of 16, with particular attention to minors under the age of 6 years not inconsistent with the purposes of this act.
TITLE 40A MUNICIPALITIES AND COUNTIES
N.J.S.A. 40A:14-95 et seq. Junior Firemen's Auxiliary
Please be advised that N.J.S.A. 40A:14-95 thru N.J.S.A. 40A:14-98 is enforced by the Department of Community Affairs, Division of Fire Safety.
40A:14-95. Establishment of Junior Firemen's Auxiliary
In any municipality or fire district in this State maintaining a volunteer fire department or where there shall exist one or more incorporated volunteer fire companies affording fire protection to said municipality or fire district the membership whereof are serving under the jurisdiction of and with the consent of said municipality or fire district, it shall be lawful for the governing body of such municipality, or the board of commissioners of such fire district to provide, by ordinance or resolution, for the establishment of an auxiliary to any such volunteer fire department or company to be known as the Junior Firemen's Auxiliary.
40A:14-96. Membership requirements for Junior Firefighters' Auxiliary
a. A person who is not less than 14 or more than 18 years of age shall be eligible for membership in the Junior Firefighters' Auxiliary.
b. Prior to being accepted for membership in the Junior Firefighters' Auxiliary, a person eligible pursuant to subsection a. of this section shall:
(1) obtain permission to join the auxiliary from the person's parents or guardian. Permission shall be granted in writing on a form prescribed by the Commissioner of Community Affairs;
(2) complete an application and be interviewed by officers of the fire department or company with a parent or guardian present; and
(3) submit documentation from a qualified physician verifying that the person is medically able to perform the activities of the auxiliary as established by the governing body of the municipality, board of commissioners of the fire district, regional authority, or county board of chosen freeholders pursuant to N.J.S.40A:14-98.
40A:14-97. Insurance coverage for members
A municipality, fire district, regional authority, or county shall provide members of a Junior Firefighters' Auxiliary established as an auxiliary to a volunteer fire department or to an incorporated volunteer fire company with a minimum amount of workers' compensation insurance.
40A:14-98. Rules, regulations governing Junior Firemen's Auxiliary
a. (1) The Commissioner of Community Affairs shall adopt rules to govern the training of Junior Firefighters' Auxiliary members and to establish the duties that auxiliary members may perform at training events and emergency incidents. The rules shall allow auxiliary members, who are 16 years of age or older, to fully participate in recruit firefighter training established by regulations adopted by the commissioner.
(2) The governing body of the municipality, board of commissioners of the fire district, regional authority, or county board of chosen freeholders, before authorizing the establishment of any Junior Firefighters' Auxiliary, shall formulate rules and regulations to govern the activities of the auxiliary in accordance with regulations adopted by the commissioner pursuant to paragraph (1) of this subsection. The rules and regulations shall provide for the training of the auxiliary for eventual membership in the fire department of the municipality, fire district, regional authority, or county or in any fire company affording fire protection therein.
b. If the governing body, board of commissioners, regional authority, or county board of chosen freeholders, as the case may be, provides in the rules and regulations governing the auxiliary that a junior firefighter 16 years of age or older may perform the duties established by the commissioner pursuant to paragraph (1) of subsection a. of this section at training events and emergency incidents, the junior firefighter may perform these duties only if:
(1) the junior firefighter has been appropriately and adequately trained to perform the duties;
(2) the junior firefighter is appropriately and adequately supervised in performing those duties at the training event or emergency incident;
(3) the junior firefighter's parents or guardian has provided written permission allowing the junior firefighter to perform those duties; and
(4) the governing body, board of commissioners, regional authority, or county board of chosen freeholders, as the case may be, provides a minimum amount of workers' compensation insurance for the junior firefighter.
c. Activities of junior firefighter auxiliary members under 16 years of age shall be limited to:
(1) attending meetings of the Junior Firefighters' Auxiliary;
(2) receiving instruction;
(3) participating in training as established by regulations adopted by the commissioner that does not involve fire, smoke, toxic or noxious gas, or hazardous materials or substances; and
(4) observing firefighting activities, while under supervision.
CHAPTER 58 CHILD LABOR REGULATIONS
SUBCHAPTER 1. GENERAL PROVISIONS
12:58-1.1 Purpose; scope
(a) The purpose of this chapter is to define and clarify certain sections of the child labor statutes.
(b) This chapter shall apply to the employment of minors subject to the child labor statutes, except as provided in N.J.A.C. 12:58-1.4.
12:58-1.2 Apprentice and student learner in cooperative vocational education program
(a) This chapter shall not apply to apprentices and student learners that are in a cooperative vocational education program.
(b) "Apprentice" means a person:
1. Employed in a craft recognized as an apprenticeable trade;
2.Whose work in particularly hazardous occupations is incidental to the training;
3. Whose work is intermittent and of short duration and under the direct and close supervision of a craftsperson; and
4. Registered by the Bureau of Apprenticeship and Training of the U.S. Department of Labor as employed in accordance with the standards established by that Bureau or is registered by a State agency as employed in accordance with the State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, or is employed under a written apprenticeship agreement and conditions which are found by the Secretary of Labor to conform substantially with such Federal and State standards.
(c) "Cooperative vocational education program" means a program of vocational education approved by the State Department of Education for persons who, through written cooperative arrangements between the school and the employer, receives instruction, including required academic courses and related vocational instruction by alternation of study in school with a job in any occupational field, but these two experiences are planned and supervised by the school and employer so that each contributes to the education and employability of the student.
(d) "Student learner" means a person:
1. Enrolled in a course of study and training in a cooperative vocational training program under a recognized State or local educational authority or in a course of study in a substantially similar program conducted by a private school;
2. Between the ages of 16 years and 18 years of age;
3. Employed under a written agreement which provides that:
i. Work in a particularly hazardous occupation is incidental to the minor's training;
ii. Work is intermittent and of short duration, and under the direct and close supervision of a qualified and experienced person; and
iii. Safety instruction is given by the school and correlated by the employer with on-the-job training.
4. For whom an individualized training plan of organized and progressive training to be "performed on-the-job" and related school instruction has been developed. Each training plan will contain:
i. Tasks to be performed by the student learner on the job;
ii. A progression of in-school learning experiences that relate to the on-the-job training; and
iii. An outline that identifies safety instruction and occupational competencies to be learned at the training site and in school;
5. For whom training site supervision must be conducted by the school coordinator at intervals not to exceed once every two weeks, to ensure that the student learner is free from exploitation and that a safe training environment is maintained;
6. Who may perform certain permitted hazardous occupations only at those sites registered with the Department of Education/Vocational Division prior to the placement of student learners and on whose employment certificate will be placed the registration number of the site to identify the student as a cooperative education student learner; and
7. For whom training site experiences may not exceed five hours on any day that school is in session nor may the combination of school and work exceed eight hours on any day that school is in session.
12:58-1.3 School to Work program
SUBCHAPTER 2. DEFINITIONS
12:58-2.1 Definitions
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
"Child labor statutes" means N.J.S.A. 34:2-21.1 et seq. and N.J.S.A. 34:2-21.57 et seq.
"Combustible liquid" means any liquid with a flash point from 100 to 200 degrees Fahrenheit as measured by tests or any liquid mixture with 99 percent or more combustible components.
"Commissioner" means the Commissioner of the Department of Labor and Workforce Development or his or her designee.
"Corrosive material" means any liquid or solid that causes destruction of human skin tissue or a liquid that has a severe corrosion rate on steel or aluminum.
"Explosive" means any chemical compound, mixture, or device the primary or common purpose of which is to function by explosion, e.g., with substantially instantaneous release of gas or heat unless such compound, mixture or device is otherwise specifically classified.
"Flammable liquid" means any liquid with a flash point less than 100 degrees Fahrenheit as measured by tests with the following exceptions:
1. A flammable liquid with a vapor pressure greater than 40 pounds per square inch absolute at 100 degrees Fahrenheit.
2. A liquid mixture containing one percent or less flammable components.
3. A water-alcohol solution containing 24 percent or less alcohol.
"N.J.A.C." means the New Jersey Administrative Code.
"N.J.S.A." means the New Jersey Statutes Annotated.
"Pyroforic liquid" means any liquid that ignites spontaneously in dry or moist air at or below 130 degrees Fahrenheit. These liquids are classified as flammable liquids.
SUBCHAPTER 3. OCCUPATIONS PROHIBITED TO MINORS UNDER 16 YEARS OF AGE
12:58-3.1 Scope
(a) This subchapter shall apply to occupations prohibited to minors under 16 years of age, except as provided in (b) below.
(b) This subchapter shall not apply to apprentices and student learners engaged in cooperative vocational education programs.
12:58-3.2 Power driven machinery
(a) Minors under 16 years of age shall not be employed, permitted or suffered to work in, about, or in connection with power-driven machinery.
(b) "Power driven machinery" shall include:
1. Power tools, including but not limited to, power lawn mowers, power woodworking and metal working tools.
(c) "Power driven machinery" shall not include:
1. Standard office type machines;
2. Standard domestic type machines or appliances when used in domestic or business establishments;
3. Agricultural machines when used on farms, such as standard type poultry feeders, egg washers, egg coolers, and milking machines; and
4. An attended or unattended standard type passenger elevator.
12:58-3.3 Conveyors and related equipment
(a) Minors under 16 years of age shall not be employed, permitted or suffered to work on or about conveyors and related equipment.
(b) "Conveyor" shall mean a horizontal, inclined, or vertical device for moving or transporting bulk materials, packages or objects, in the path predetermined by the design of the device, and having points of loading and discharge.
(c) "Related equipment" shall mean devices in and around conveyors that represent a physical hazard, such as equipment interfaces, nip and shear points, transfer, loading and discharge points, hoppers, and chutes.
SUBCHAPTER 4. OCCUPATIONS PROHIBITED TO MINORS UNDER 18 YEARS OF AGE
12:58-4.1 Scope
(a) This subchapter shall apply to occupations prohibited to minors under 18 years of age, except as provided in (b) below.
(b) This subchapter shall not apply to apprentices and student learners engaged in cooperative vocational educational programs.
12:58-4.2 Construction work
(a) Minors under 18 years of age shall not be employed in construction work, except as provided in (b) below.
1. "Construction work" shall mean the erection, alteration, repair, renovation, demolition or removal of any building or structure; the excavation, filling and grading of sites; the excavation, renovation, repair or paving of roads and highways; and any function performed within 30 feet of the above operations.
2. "Construction work" shall not mean the repair or painting of fences, buildings and structures not exceeding 12 feet in height.
3. "Building" means a combination of materials to form a construction that is safe and stable, and adapted to permanent or continuous occupancy for various uses.
4. "Structure" shall mean an assembly of materials forming an object for occupancy or use including among others stadiums, stagings, observation towers, storage tanks, trestles, wharves, boats and ships.
5. Minors who are age 14 to 17 years of age shall be permitted to work as volunteers for nonprofit organizations engaged in the construction of affordable housing in accordance with N.J.S.A. 34:2-21.17D and 34:2-21.17E. A nonprofit organization as used in this subsection means a community rehabilitation program carried out by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and the income of which is exempt from taxation under 26 U.S.C. §501(c)(3).
12:58-4.3 Agricultural machinery
(a) Minors under 18 years of age shall not work in, on, or directly in connection with the following agricultural machinery:
1. Cornpickers;
2. Power driven hay balers; or
3. Power field choppers.
12:58-4.4 Junk or scrap metal yard
(a) Minors under 18 years of age shall not be employed in, about, or in connection with a junk or scrap metal yard.
(b) "Junk or scrap metal yard" shall mean any place where old iron, metal, paper, cordage and other refuse may be collected and deposited or both and sold or may be treated so as to be again used in some form or discarded or where automobiles or machines are demolished for the purpose of salvaging of metal or parts.
12:58-4.5 Disorderly house
(a) Minors under 18 years of age shall not be employed in, about or in connection with a disorderly house.
(b) "Disorderly house" means a house of prostitution, a brothel or gambling place.
12:58-4.6 Highly inflammable substances
(a) Minors under 18 years of age shall not be employed, permitted or suffered to work in, about, or in connection with highly inflammable substances.
(b) Any employment certificate authorizing the employment of a minor under 18 years of age in any gasoline service station or garage shall be stamped with the following warning: "The certificate does not in any way affect any prohibition contained in the Child Labor Act concerning power-driven or hazardous machinery or hazardous occupations."
(c) "Highly inflammable substance" shall mean a flammable liquid or a pyroforic liquid, except a "highly inflammable substance" shall not mean gasoline at a service station where gasoline tanks of gasoline motor driven vehicles are filled by use of a hose that is a part of powered pumping equipment.
(d) Minors under 18 years of age shall be prohibited from fueling aircraft, either commercial or private.
12:58-4.7 Radioactive substances and ionizing radiation
(a) Minors under 18 years of age shall not be employed, permitted or suffered to work in any workroom where exposed to radioactive substances or to ionizing radiation.
(b) Work where exposed to radioactive substances shall mean work which involves exposure to:
1. Radium is stored or used in the manufacture of self-luminous compounds.
2. Self-luminous compounds are made, processed, or packaged.
3. Self-luminous compounds are stored, used or worked upon.
4. Incandescent mantles are made from fabric and solutions containing thorium salts, or are processed or packaged.
5. Other radioactive substances which are present in the air in average concentrations exceeding 10 percent of the maximum permissible concentrations in the air recommended for occupational exposure by the National Committee on Radiation Protection as set forth in the 40 hour week column of table one of the National Bureau of Standards Handbook No. 69 entitled "Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure", issued June 5, 1959.
(c) Work where exposed to ionizing radiation shall mean work which involves exposure to ionizing radiations in excess of 0.5 rem per year.
(d) "Self-luminous compound" shall mean any mixture of phosphorescent material and radium, mesothorium, or other radioactive element.
(e) "Workroom" shall include the entire area bounded by walls of solid material and extending from floor to ceiling.
(f) "Ionizing radiation" shall mean alpha and beta particles, electrons, protons, neutrons, gamma and x-ray and all other radiations which produce ionizations directly or indirectly, but does not include electromagnetic radiations other than gamma and x-ray.
12:58-4.8 Carcinogenic substances
(a) Minors under 18 years of age shall not be employed, permitted or suffered to work where they may be exposed to carcinogenic substances.
(b) "Carcinogenic substance" shall mean and include any material classified as carcinogenic by 29 CFR Part 1910 Subpart Z and as listed below:
Asbestos
Coal tar pitch volatiles
4-Nitrobiphenyl
alpha-Naphthylamine
Methyl chloromethyl ether
3,3'-Dichlorobenzidine
(and its salts)
bis-Chloromethyl ether
beta-Naphthylamine
Benzidine
4-Aminodiphenyl
Ethyleneimine
beta-Propiolactone
2-Acetylaminofluorene
4-Dimethylaminoazobenzine
N-Nitrosodimethylamine
Vinyl chloride
Inorganic arsenic
Benzene
Coke oven emissions
1,2-dibromo 3-chloropropane
Acrylonitrile
12:58-4.9 Toxic and hazardous substances
(a) Minors under 18 years of age shall not be employed, permitted or suffered to work in workrooms where they may be exposed to toxic and hazardous substances.
(b) "Toxic and hazardous substance" shall mean any material exceeding a threshold limit value listed in the tables of Section 1910.1000 of Subpart Z of 29 CFR Part 1910.
(c) Minors shall not be employed, permitted or suffered to work in occupations which involve the handling of infectious or contagious disease or the removal or disposal of waste generated in the treatment of such diseases.
12:58-4.10 Compactors
(a) "Compactor" shall mean a power operated device designed to join or pack closely together, consolidate or condense material. The term "compactor" shall not include residential type compactors and compacting type garbage trucks provided that 16 and 17 year old minors ride inside the cab of the truck. Minors 16 years of age or older may load, but not operate or unload certain compactors, scrap paper balers and paper box compactors in conformance with Federal criteria established under P.L. 104-174 amending Section 13(c) of the Fair Labor Standards Act, 29 U.S.C. §§201 et seq., in its entirety.
12:58-4.11 Circular saws, band saws, and guillotine shears
(a) Minors under 18 years of age shall not be employed, permitted or suffered to work as an operator or helper with circular saws, band saws and guillotine shears.
(b) Minors under 18 years of age shall not set-up, adjust, repair, oil, or clean circular saws, band saws and guillotine shears.
(c) "Operator" shall mean a person who operates a machine by performing such functions as starting or stopping the machine, placing materials into or removing them from the machine, or any other functions directly involved in operation of the machine.
(d) "Helper" shall mean a person who assists in the operation of a machine by helping place materials into or remove them from the machine.
(e) "Circular saw" shall mean a machine equipped with a thin steel disc having a continuous series of notches or teeth on the periphery, mounted on shafting, and used for sawing materials.
(f) "Band saw" shall mean a machine equipped with an endless steel band having a continuous series of notches or teeth, running over wheels or pulleys, and used for sawing materials.
(g) "Guillotine shear" shall mean a machine equipped with a movable blade operated vertically and used to shear materials. The term shall not include other types of shearing machines, using a different form of shearing action, such as alligator shears or circular shears.
12:58-4.12 Slaughtering and meat packing establishments; rendering plants; wholesale, retail or service establishments
(a) Minors under age 18 shall not be employed, permitted or suffered to work in or about slaughtering and meat packing establishments, rendering plants, or wholesale, retail or service establishments in the following occupations:
1. All occupations on the killing floor, in curing cellars, and hide cellars, except the work of messengers, runners, hand-truckers, and similar occupations which require entering such workrooms or workplaces infrequently and for short periods of time;
2. All occupations involved in the recovery of lard and oils, except packaging and shipping of such products and the operation of lard-roll machines;
3. All occupations involved in tankage or rendering of dead animals, animal offal, animal fats, scrap meats, blood, and bones into stock feeds, tallow, inedible greases, fertilizer ingredients, and similar products;
4. All occupations involved in the operation or feeding of the following power-driven meat-processing machines, including setting up, adjusting, repairing, oiling, or cleaning such machines: meat patty forming machines, meat and bone cutting saws, knives including circular and horizontal knives used for slicing meat, slicing machines used in delicatessens and restaurants for cutting or slicing any food product (except bacon-slicing machines), head-splitters, and guillotine cutters, snout-pullers and jaw-pullers, skinning machines, horizontal rotary washing machines, casing-cleaning machines such as crushing, stripping, and finishing machines, grinding, mixing, chopping, and hashing machines, and presses (except belly-rolling machines);
5. All boning operations;
6. All occupations involved in the pushing or dropping of any suspended carcass, half carcass, or quarter carcass; and
7. All occupations involved in the hand-lifting or hand-carrying of any carcass or half carcass of beef, pork, or horse, or any quarter carcass of beef or horse.
(b) "Slaughtering and meat packing establishment" shall mean a place in or about which cattle, calves, hogs, sheep, lambs, goats, or horses are killed, butchered, or processed. The term shall also include establishments which manufacture or process meat products or sausage casings from such animals.
(c) "Rendering plant" shall mean an establishment engaged in the conversion of dead animals, animal offal, animal fats, scrap meats, blood, and bones into stock feeds, tallow, inedible greases, fertilizer ingredients, and similar products.
(d) "Killing floor" shall include that workroom or workplace where cattle, calves, hogs, sheeps, lambs, goats, or horses are immobilized, shackled, or killed, and the carcasses are dressed prior to chilling.
(e) "Curing cellar" shall include that workroom or workplace which is primarily devoted to the preservation and flavoring of meat by curing materials. It does not include that workplace where meats are smoked.
(f) "Hide cellar" shall include that workroom or workplace where hides are graded, trimmed, salted, and otherwise cured.
(g) "Boning operation" shall mean the removal of bones from meat cuts. It shall not include work that involves cutting, scraping, or trimming meat from cuts containing bones.
12:58-4.13 Corrosive materials
(a) Minors under 18 years of age shall not be employed, permitted or suffered to work in or about corrosive materials.
(b) "Corrosive material" shall mean any substance classified as a corrosive material as defined in N.J.A.C. 12:58-2. Corrosive materials shall mean, among others, acids and alkalines.
12:58-4.14 Indecent or immoral exposure
(a) Minors under 18 years of age shall not:
1. Be employed, permitted or suffered to work in indecent or immoral theatrical exhibitions;
2. Work in establishments where the acts of indecent or immoral theatrical exhibitions are performed or shown on screens;
3. Perform in any movie having as part of that movie any indecent or immoral exposure;
4. Perform in the nude or as a go-go dancer;
5. Pose in the nude or without generally accepted attire;
6. Work in adult book stores or massage parlors; or
7. Work in video stores where x-rated movies are rented or sold.
(b) "Indecent or immoral theatrical exhibition" means that defined in N.J.S.A. 34:2-21.63a.
12:58-4.15 Pesticides
(a) Minors under 18 years of age shall not be employed as applicators of pesticides, nor shall such minors be permitted in any area when such pesticides are being applied.
(b) Compliance shall be as provided in N.J.S.A. 13:1F-1 et seq., Pesticide Control Act of 1971 and the regulations written thereunder.
(c) "Pesticide" means and includes any substance or mixture of substances labeled, designed, intended for or capable of use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses on or in living man or other animals. The term "pesticide" also includes any substance or mixture of substances labeled, designed, or intended for use as a defoliant, desiccant or plant regulator.
12:58-4.16 Rim wheels
Minors under 18 years of age shall not be permitted to service single piece or multi-piece rim wheels.
12:58-4.17 Bar service areas
(a) Minors under the age of 18 years of age shall not be employed, permitted or suffered to work serving beverages out of any bar service area.
1. "Bar service area" includes, but is not limited to, outside bars at pools or other recreational facilities.
SUBCHAPTER 5. VIOLATIONS AND ADMINISTRATIVE PENALTIES
12:58-5.1 Purpose; scope
(a) The purpose of this subchapter is to establish rules to effectuate N.J.S.A. 34:2-21.1 et seq., the New Jersey Child Labor Act (Act), specifically, amended N.J.S.A. 34:2-21.19 which provides sanctions for noncompliance.
(b) The chapter is applicable to the employment of minors subject to the Child Labor Act, N.J.S.A. 34:2-21.1 et seq.
12:58-5.2 Violations of the Act
(a) Violations of the Act shall occur when:
1. An employer obstructs the Commissioner in the performance of the duties of the Commissioner in the enforcement of this chapter; or
2. An employer permits or suffers any minor to be employed or to work in violation of the Act; or
3. Any person who, having under his or her control or custody any minor, permits or suffers him or her to be employed or to work in violation of the Act.
(b) If a defendant acts knowingly, an offense under this section shall be a crime of the fourth degree.
(c) A defendant who violates any provision of this chapter shall be guilty of a disorderly persons offense and, shall, upon conviction therefor, be fined not less than $100.00 nor more than $1,000[1}.
1. Each day during which any violation of the act continues shall constitute a separate and distinct offense.
2. The employment of any minor in violation of the Act shall, with respect to each minor so employed, constitute a separate offense.
[1] N.J.S.A. 34:2-21.19 was amended effective December 3, 2005 increasing the fine to not less than $100 nor more than $2,000 for an initial violation and not less than $200 nor more than $4,000 for each subsequent violation.
12:58-5.3 Administrative penalties
(a) As an alternative to, or in addition to, any other sanctions provided for in N.J.A.C. 12:58-5.2, pursuant to N.J.S.A. 34:2-21.1 et seq., when the Commissioner finds that an employer has violated that Act, the Commissioner is authorized to assess and collect administrative penalties in the amounts that follow:
1. First violation-not more than $250.00[1];
2. Second and subsequent violations-not less than $25.00 nor more than $500.00[2].
[1] N.J.S.A. 34:2-21.19 was amended effective December 3, 2005 increasing the administrative penalty to not more than $500 for a first violation.
[2] N.J.S.A. 34:2-21.19 was amended effective December 3, 2005 increasing the administrative penalty to not more than $1,000 for a second violation, and not more than $2,500 for each subsequent violation.
(b) No administrative penalty shall be levied pursuant to this subchapter unless the Commissioner provides the alleged violator with notification by certified mail of the violation and the amount of the penalty and an opportunity to request a formal hearing. A request for a formal hearing must be received within 15 business days following the receipt of the notice.
1. If a hearing is not requested, the notice shall become a final order upon the expiration of the 15 business days following the receipt of the notice.
2. If a hearing is requested, the Commissioner shall issue a final order upon such hearing and a finding that a violation has occurred.
3. All wages due, fees and penalties shall be paid within 30 days of the date of final order. Failure to pay such wages due, fees and/or penalty shall result in a judgment being obtained in a court of competent jurisdiction.
4. All payments shall be made payable to the Commissioner of Labor and Workforce Development, Child Labor Account. All payments shall be made by certified check or money order, or payable in a form suitable to the Commissioner of Labor and Workforce Development.
(c) When the Commissioner assesses an administrative penalty pursuant to this chapter, the Commissioner shall consider the following factors, where applicable, in determining what constitutes an appropriate penalty for the particular violations:
1. The seriousness of the violation;
2. The past history of previous violations by the employer;
3. The good faith of the employer;
4. The size of the employer's business; and
5. Any other factors which the Commissioner deems to be appropriate in the determining of the penalty assessed.
12:58-5.4 Hearings
(a) When the Commissioner assesses an administrative penalty under N.J.A.C. 12:58-5.3, the employer shall have the right to a hearing pursuant to (b) below.
(b) No administrative penalty shall be levied pursuant to this subchapter unless the Commissioner provides the alleged violator with notification by certified mail of the violation and the amount of the penalty by and an opportunity to request a formal hearing. A request for a formal hearing must be received within 15 business days following the receipt of the notice.
(c) All requests for hearing will be reviewed by the Division of Wage and Hour Compliance to determine if the reason for dispute could be resolvable at an informal settlement conference. If the review indicates that an informal conference is warranted, such conference will be scheduled. If a settlement cannot be reached, the case will be forwarded to the Office of Administrative Law for a formal hearing.
(d) The Commissioner shall make the final decision of the Department.
(e) Appeals of the final decision of the Commissioner shall be made to the Appellate Division of the New Jersey Superior Court.
(f) If the employer, or a designated representative of the employer, fails to appear at a requested hearing, the Commissioner or his or her designee may, for good cause shown, re-schedule a hearing.
(g) If the Commissioner does not authorize such a re-scheduled hearing, then the Commissioner shall issue a final agency determination effective upon the date set for the original hearing.
(h) Payment of the penalty is due when a final agency determination is issued.
(i) Upon final order the penalty imposed may be recovered with cost in summary proceeding commenced by the Commissioner pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.
APPENDIX A Availability of Standards and Publications Referred to in this Chapter
A copy of each of the standards and publications referred to in this chapter is on file and may be inspected at the following office within the Labor Standards and Safety Enforcement program area between the hours of 9:00 a.m. and 4:00 p.m. on normal working days:
New Jersey Department of Labor & Workforce Development
Labor Standards and Safety Enforcement
John Fitch Plaza
Trenton, New Jersey
Copies of the referenced standards may be obtained from the organizations listed below. The abbreviations preceding these standards and publications have the following meaning and are the organizations issuing the standards and publications listed.
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CFR |
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National Bureau of Standards |
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N.J.S.A. |
New Jersey Statutes Annotated |
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No. and Edition |
Title |
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29 CFR Part 1910 |
General Industry Standards of Occupational Safety and Health Administration of the U.S. Department of Labor |
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NBS Handbook No. 69-1959 |
Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure |
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N.J.S.A. 13:1F-1 et seq. |
Pesticide Control Act of 1971 |