Rutgers Law

New Jersey Statutes, Title: 34, LABOR AND WORKMEN'S COMPENSATION

    Chapter 21:

      Section: 34:21-16: Definitions.

          1. As used in this act:

"Awarding authority" means any person that awards or enters into a service contract or subcontract, except that the Port Authority of New York and New Jersey shall not be an awarding authority.

"Contractor" means any person, including a subcontractor, who enters into a service contract or subcontract to be performed, provided the contractor employs more than four service employees anywhere in the United States.

"Covered location" means one of the following locations, whether publicly or privately owned:

(1) multi-family residential building with more than 50 units;

(2) commercial center or complex or an office building or complex occupying more than 100,000 square feet;

(3) primary and secondary school, or tertiary educational institution;

(4) cultural center or complex, such as a museum, convention center, arena or performance hall;

(5) industrial site or pharmaceutical lab;

(6) airport and train station;

(7) hospital, nursing care facility, senior care centers or other health care provider location, except that the provisions of P.L.2023, c.128 (C.34:21-16 et seq.) shall not apply to any change in control of a "health care entity," as defined in section 1 of P.L.2022, c.101 (C.34:11-4.15), which change in control falls within the scope of P.L.2022, c.101 (C.34:11-4.15 et seq.);

(8) State courts; or

(9) warehouse or distribution center or other facility whose primary purpose is the storage or distribution of general merchandise, refrigerated goods, or other products.

"Employer" means any person who employs service employees at a covered location.

"Person" means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ persons or enter into a service contract.

"Service contract" means a contract between an awarding authority and a contractor to provide services performed by a service employee at a covered location.

"Service employee" means an individual employed or assigned to a covered location on a full- or part-time basis for at least 60 days and who is not a managerial or professional employee or regularly scheduled to work less than 16 hours per week in:

(1) connection with the care or maintenance of a building or property, and includes but is not limited to work performed by a security guard; a front desk worker; a janitor; a maintenance employee; building superintendent; grounds maintenance worker; a stationary fireman; elevator operator and starter; or window cleaner;

(2) passenger-related security services, cargo-related and ramp services, in-terminal and passenger handling and cleaning services at an airport; or

(3) food preparation services at a primary or secondary school, or a tertiary educational institution.

"Service employee" does not include any individual who performs work on any building, structural, electric, HVAC, or plumbing project, if the work requires a permit to be issued by a municipal building or construction department.

"Successor employer" means an employer that:

(1) is awarded a service contract to provide, in whole or in part, services that are substantially similar to those provided at any time during the previous 90 days;

(2) has purchased or acquired control of a property where service employees were employed at any time during the previous 90 days; or

(3) terminates a service contract and hires service employees as its direct employees to perform services that are substantially similar within 90 days after a service contract is terminated or cancelled.

L.2023, c.128, s.1.

This section added to the Rutgers Database: 2023-11-27 20:54:49.

Older versions of 34:21-16 (if available):

Court decisions that cite this statute: CLICK HERE.