New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A5085

Introduced
1/19/23  
Refer
1/19/23  
Refer
2/16/23  

Caption

Requires employer or contractor engaged in work for a public body to register with and submit payroll records to DOLWD.

Impact

The implementation of A5085 is expected to have a significant impact on how contractors engage with public bodies. It establishes a requirement for all bidding contractors to be registered, which will streamline the process for public works contracts. However, the bill also introduces compliance obligations that may require contractors to adjust their internal processes for payroll management. The enforcement mechanisms embedded in the bill, including the withholding of funds from non-compliant employers, are designed to incentivize adherence and protect workers more effectively.

Summary

Assembly Bill A5085, introduced in New Jersey, mandates that contractors and employers engaged in work for public bodies must register and submit payroll records to the Department of Labor and Workforce Development (DOLWD). This legislation aims to enhance oversight of labor practices in public works, ensuring compliance with prevailing wage laws and safeguarding workers' rights. By creating a centralized system for payroll records, the bill seeks to reduce incidences of wage theft and misclassification of workers, ultimately promoting fairness in public construction projects.

Sentiment

The sentiment surrounding A5085 appears to be generally supportive among labor advocates and some members of the assembly, as it addresses long-standing concerns regarding worker protections in public works projects. Advocates emphasize that the bill is a necessary step toward increasing transparency in contractor practices. Nonetheless, some opposition exists, particularly from contractors and industry groups who argue that the registration and reporting requirements may impose additional burdens on small businesses, potentially hindering their ability to compete for public contracts.

Contention

While A5085 is aimed at strengthening labor protections, there are notable points of contention regarding the operational implications for contractors. Critics voice concerns about the administrative complexity that registration and payroll reporting may introduce, especially for smaller firms. Additionally, the stipulations for withholding payments to contractors who fail to comply with record requests could create cash flow challenges for these businesses. The balance between enhancing worker protections and minimizing regulatory burdens represents a key area of debate as the bill moves forward.

Companion Bills

NJ S1439

Same As Requires employer or contractor engaged in goverment work for a public body to register with and submit payroll records to DOLWD.

Previously Filed As

NJ A1348

Concerns enforcement of public work project requirements; establishes penalties for failure to submit payroll records.

NJ A3589

Revises registered apprenticeship requisites of public works contractors and creates opt-out from participation in registered apprenticeship program for public works projects.

NJ S2029

Requires DOLWD to undertake study on effects of temporary employment on work force.

NJ A2078

Establishes registry of out-of-state contractors who are awarded public works contracts in this State.

NJ A584

Requires employers within construction industry to notify employees of certain rights.

NJ A839

Requires DOLWD to develop and execute information technology stress test and emergency telework plan for employees.

NJ A3472

Requires employers to adopt domestic violence policies and protocols established by DOLWD.

NJ A1760

Directs DOLWD to identify, and post on website, employment opportunities with minimal barriers to entry for persons returning to workforce after imprisonment.

NY S00739

Relates to payroll records submitted by contractors and sub-contractors for public work contracts; extends the date the department of labor shall be required to develop and implement an online database of electronic certified payroll records until December 31, 2025; provides that the submission of certain electronic records shall satisfy certain requirements relating to the submission of payroll records.

NY A02433

Relates to payroll records submitted by contractors and sub-contractors for public work contracts; extends the date the department of labor shall be required to develop and implement an online database of electronic certified payroll records until December 31, 2025; provides that the submission of certain electronic records shall satisfy certain requirements relating to the submission of payroll records.

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