New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 10 - PUBLIC WORKS CONTRACTOR AND QUALIFYING SERVICES CONTRACTOR REPORTING REQUIREMENTS UNDER THE DIANE B. ALLEN EQUAL PAY ACT, P.L. 2018, c. 9, Section 5 (N.J.S.A. 34:11-56.14)
Subchapter 1 - GENERAL PROVISIONS
Section 12:10-1.2 - Definitions
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
"Administrative support workers" means individuals who are in positions involving non-managerial tasks providing administrative and support assistance, primarily in office settings. Examples of these types of positions include: office and administrative support workers, bookkeepers, accounting and auditing clerks, cargo and freight agents, dispatchers, couriers, data entry keyers, computer operators, shipping, receiving, and traffic clerks, word processors and typists, proofreaders, and general office clerks.
"Annual Equal Pay Report for Qualifying Services" means the form found at N.J.A.C. 12:10 Appendix A, incorporated herein by reference.
"Asian" means a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian Subcontinent, including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
"Black or African American" means a person having origins in any of the black racial groups of Africa.
"Commissioner" means the Commissioner of the Department of Labor and Workforce Development, or his or her designee.
"Covered employer" means any employer, regardless of the location of the employer, who enters into a contract with a public body to either provide qualifying services or perform a public work. Relative to contracts for qualifying services, this term shall include any employer who enters into a contract with a public body to provide both goods and qualifying services; which is to say, if any part of a contract between an employer and a public body is to provide qualifying services, that employer is a covered employer. Relative to contracts to perform public work, this term shall also include any subcontractor or lower tier subcontractor of a contractor.
"Craft workers" means individuals who are in positions, most of which are higher-skilled occupations in construction (building trade craft workers and their apprentices). Examples of these types of positions include: boilermakers, brick and stone masons, carpenters, electricians, painters (both construction and maintenance), glaziers, pipelayers, plumbers, pipefitters, and steamfitters, plasterers, roofers, elevator installers, earth drillers, derrick operators, oil and gas rotary drill operators, and blasters and explosives workers. This category also includes occupations related to the installation, maintenance, and part replacement of equipment, machines, and tools, such as: automotive mechanics, aircraft mechanics, and electric and electronic equipment repairers. This category also includes some production occupations that are distinguished by the high degree of skill and precision required to perform them, based on clearly defined task specifications, such as: millwrights, etchers and engravers, tool and die makers, and pattern makers.
"Department" means the Department of Labor and Workforce Development.
"Executive/senior level officials and managers" means individuals who plan, direct, and formulate policies, set strategy and provide the overall direction of enterprises/organizations for the development and delivery of services. These executives reside in the highest levels of organizations, in which they plan, direct, or coordinate activities with the support of subordinate executives and staff managers. Examples of these kinds of managers are: chief executive officers, chief operating officers, chief financial officers, line of business heads, presidents or executive vice presidents of functional areas or operating groups, chief information officers, chief human resources officers, chief marketing officers, chief legal officers, management directors, and managing partners.
"First/mid-level officials and managers" means individuals who serve as managers (other than those who serve as executive/senior level officials and managers) including those who oversee and direct the delivery of services or functions at group, regional, or divisional levels of organizations. This level of management receives directions from the executive/senior level management and typically lead major business units. Examples are: first-line mangers, team managers, unit managers, operations and production managers, branch managers, administrative services managers, purchasing and transportation managers, storage and distribution managers, call center or customer service managers, technical support managers, and brand or product managers.
"Hispanic or Latino" means a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin regardless of race.
"Hours worked" means "hours worked" as that phrase is defined within N.J.A.C. 12:56-5.
"Laborers and helpers" means individuals who are in positions requiring limited skills and only brief training to perform tasks that require little or no independent judgment. Examples include: production and construction worker helpers, vehicle and equipment cleaners, laborers, freight, stock, and material movers, service station attendants, construction laborers, refuse and recyclable materials collectors, septic tank servicers, and sewer pipe cleaners.
"Native American or Alaska Native" means a person having origins in any of the original peoples of North and South America (including Central America), and who maintain tribal affiliation or community attachment.
"Native Hawaiian or Pacific Islander" means a person having origins in any of the peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
"Non-binary" means a person who does not identify as either male or female.
"Operatives" means individuals in positions, most of which include intermediate skilled occupations and include workers who operate machines or factory-related processing equipment. Most of these occupations do not usually require more than several months of training. Examples include: textile machine workers, laundry and dry cleaning workers, photographic process workers, waving machine operators, electrical and electronic equipment assemblers, semiconductor processors, testers, graders, and sorters, bakers, and butchers and other meat, poultry, and fish processing workers. This category also includes occupations of generally intermediate skill levels that are concerned with operating and controlling equipment to facilitate the movement of people or materials, such as: bridge and lock tenders, bus or taxi drivers, industrial truck and tractor (forklift) operators, parking lot attendants, sailors, conveyor operators, and hand packers or packagers.
"Payroll Certification for Public Works Projects" means the form found at N.J.A.C. 12:10 Appendix B, incorporated herein by reference.
"Professionals" means individuals in positions that generally require bachelor and graduate degrees and/or professional certification, such as, but not limited to, accountants, auditors, architects, computer programmers, engineers, lawyers, scientists, and teachers. In some instances, comparable experience, rather than degrees or certifications, may establish a person's qualifications.
"Public body" means the State or any agency or instrumentality of the State.
"Public work" means public work, as that term is defined within N.J.S.A. 34:11-56.26 and which is subject to the provisions of the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25et seq. Public work shall not include the provision of goods or products.
"Qualifying services" means the provision of any service to a public body, except for public work.
"Sales workers" means individuals who are in positions that are non-managerial and wholly or primarily involve direct sales. Examples of these types of positions include: advertising sales agents, insurance sales agents, real estate brokers and sales agents, wholesale sales representatives, securities, commodities, and financial services sales agents, telemarketers, demonstrators, retail salespersons, counter and rental clerks, and cashiers.
"Service" means any act performed in exchange for payment, including the provision of professional services, but shall not include the sale of goods or products.
"Service workers" means individuals performing tasks such as food service, cleaning service, personal service, and protective service, where skill may be acquired through formal training, job-related training, or direct experience. Examples of food service positions include: cooks, bartenders, and other food service workers. Examples of personal service positions include: medical assistants and other healthcare support positions, hairdressers, ushers, and transportation attendants. Examples of cleaning service positions include: cleaners, janitors, and porters. Examples of protective service positions include: transit and railroad police and firefighters, guards, private detectives, and investigators.
"Technicians" means individuals in positions that require applied scientific skills, generally obtained by post-secondary education of varying lengths, depending on the particular occupation, recognizing that in some instances additional training, certification, or comparable experience is required. Examples of these types of positions include: drafters, emergency medical technicians, chemical technicians, and broadcast and sound engineering technicians.
"White" means a person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
