Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
SYNOPSIS
Expands certain employer reporting requirements to include entities that employ or contract with individuals for financial compensation, including ride-sharing and delivery technology platforms.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning employer reporting requirements and amending P.L.1998, c.1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 12 of P.L.1998, c.1 (C.2A:17-56.61) is amended to read as follows:
12. a. All employers [and] , labor organizations, or other entities doing business in the State, which employ or contract with any person for financial compensation, shall report to the department, or its designee:
(1) the hiring of, or contracting with, any person who works in this State and to whom the employer anticipates paying earnings or any other financial compensation, including compensation from a technology platform used for ride-sharing or delivery services; [and]
(2) the re-hiring or return to work of any employee who is laid off, furloughed, separated, granted a leave without pay, or terminated from employment in this State; and
(3) any other employee hired by the employer to work in the State who was not previously employed by the employer; or was previously employed by the employer but has been separated from the prior employment for at least 60 consecutive days.
b. An employer, labor organization, or other entity, which employs or contracts with any person pursuant to subsection a. of this section, shall submit the information required in this subsection within 20 days of the hiring, re-hiring, [or] return to work, or contracting of the employee or person, except that an employer, labor organization, or other entity who transmits reports magnetically or electronically shall report every 15 days in accordance with rules adopted by the commissioner. The report shall contain:
(1) the employee's or a contracted persons name, address, date of birth and Social Security number; and
(2) the employer's, labor organizations, or entitys name, address, and federal tax identification number.
c. An employer, labor organization, or entity who fails to report, as required in this section, shall be given a written warning by the department for the first violation and shall be subject to a civil penalty which shall not exceed: $25 per violation, or, if the failure to report is the result of a conspiracy between the employer or labor organization and the employee, or the entity and the contracted person to not supply the required report or to supply a false or incomplete report, $500.
Payment of the penalty may not be required, however, if in response to the imposition of the penalty, the person or entity complies immediately with the new hire reporting requirements. All penalties assessed under this section shall be payable to the State Treasurer and may be recovered in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
d. The information provided pursuant to this section shall be shared with State agencies operating employment security and workers' compensation programs and with any other federal or State agency deemed appropriate by the commissioner.
(cf: P.L.2013, c.169)
2. This act shall take effect immediately.
STATEMENT
This bill expands certain employer reporting requirements to include entities that employ or contract with individuals for financial compensation, including ride-sharing and delivery service technology platforms.
Under current law, employers and labor organizations are required to report certain information to the Department of Human Services regarding employees or persons to whom the employer anticipates paying earnings. The law requires this information to be reported to the department within 20 days of the hiring, re-hiring, or return to work of the employee.
The bill expands these existing reporting requirements to include employers, labor organizations, and other entities that employ or contract with any person for financial compensation. Financial compensation includes compensation from a technology platform used for ride-sharing or delivery services.