Bill Text: NJ A1420 | 2012-2013 | Regular Session | Introduced
Bill Title: Concerns access to wage records in connection with projects subject to prevailing wage requirements.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Labor Committee [A1420 Detail]
Download: New_Jersey-2012-A1420-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblywoman BONNIE WATSON COLEMAN
District 15 (Hunterdon and Mercer)
Assemblyman JOSEPH V. EGAN
District 17 (Middlesex and Somerset)
Co-Sponsored by:
Assemblyman Moriarty
SYNOPSIS
Concerns access to wage records in connection with projects subject to prevailing wage requirements.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning access to wage records in connection with certain projects subject to prevailing wage requirements and amending P.L.1963, c.150.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.1963, c.150 (C.34:11-56.29) is amended to read as follows:
5. a. Every contractor and subcontractor shall keep an accurate record showing the name, address, craft or trade, [and] the actual hourly rate of wages paid to, and the actual daily, overtime and weekly hours worked by, each worker employed by him in connection with a public work and such records shall be preserved for two years from date of payment. The record shall be open at all reasonable hours to the inspection of the public body awarding the contract, to any other party to the lease or agreement to lease pursuant to which the public work is done, and to the commissioner, and the contractor or subcontractor shall provide the record to the public body, which also shall make the record open at all reasonable hours to the inspection of any party to the lease or agreement to lease pursuant to which the public work is done, to the commissioner, and to any labor organization representing workers in a craft or trade employed in public work.
b. The provisions of
this section shall apply to any construction or rehabilitation work in which
workers are required to be paid the prevailing wage, including, but not limited
to, construction or rehabilitation work subject to the "New Jersey Prevailing
Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), section 1 of P.L.1979,
c.303 (C.34:1B-5.1), section 3 of P.L.2002, c.78 (C.52:27C-73.1), sections 1,
5, 9 and 13 of P.L.2004, c.127 (C.5:12-161.3, C.18A:72A-5.1, C.26:2I-5.3, and C.40:37A-55.2),
section 23 of P.L.2000, c.72 (C.18A:7G-23), or section 1 of P.L.2003, c.62 (C.32:11E-1.9).
In any case in which the public body is an authority, commission or other
public entity which does not directly award the contract, but prevailing wage
is required because the public body approves, provides, authorizes, facilitates
or administers incentives or financial assistance in connection with the
construction or rehabilitation work, the authority, commission or other public
entity shall be responsible for receiving and making the wage records open
pursuant to subsection a. of this section. The authority, commission or other
public entity shall also be responsible for ensuring that the contractor or
subcontractor is notified that the contract is subject to the "New
Jersey Prevailing
Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), and that the wage records
shall be submitted to the authority, commission or other public entity.
c. If the public body makes available for inspection the records provided pursuant to subsection a. of this section, the public body must maintain a record of the inspection including the date, name of the inspecting party and organization of the inspecting party. This information shall be made available to the contractor or subcontractor upon request.
d. Nothing in this section shall be construed as limiting the commissioner's access to records necessary for enforcement of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.). The commissioner may require a contractor or subcontractor to keep and make available for inspection by the commissioner such records as are necessary for enforcement of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.) in addition to the records specified in subsection a. of this section, but the contractor or subcontractor is not required by this act to provide or make available those additional records to anyone other than the commissioner.
(cf: P.L.1990, c.27, s.4)
2. This act shall take effect on the thirtieth day after the date of enactment.
STATEMENT
This bill requires a contractor or subcontractor engaged in a public works contract subject to prevailing wage requirements to keep wage records showing the name, address, craft or trade and the actual wages, hours and overtime of each worker under the contract and to provide the public body awarding the contract with those wage records. The bill also requires the public body to make those wage records available to the Commissioner of Labor and Workforce Development, certain interested parties, and any labor organization representing workers in a craft or trade employed in the work.
The bill clarifies that requirements regarding the receiving and making available of wage records by public bodies apply not only to public bodies which award public work contracts, but also to public bodies which approve, provide, authorize, facilitate or administer incentives or financial assistance in connection with construction or rehabilitation work which is subject to prevailing wage requirements. The bill also makes such a public body responsible for ensuring that the contractor or subcontractor is notified that the contract is subject to the "New Jersey Prevailing Wage Act" and that the wage records shall be submitted to the authority, commission or other public entity.
The bill provides that if the public body makes the wage records available for inspection, the public body must maintain a record of the inspection including the date, name of the inspecting party and organization of the inspecting party. This information shall be made available to the contractor or subcontractor upon request.
The bill also provides that nothing in the wage record requirement shall be construed as limiting the commissioner's access to any records which he deems necessary for enforcement of the "New Jersey Prevailing Wage Act". The commissioner may require a contractor or subcontractor to keep and make available for inspection by the commissioner such records as he deems necessary for enforcement of that act in addition to the records specified and to be made available, but the contractor or subcontractor is not required to provide or make available those additional records to anyone other than the commissioner.
