New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 65 - CONSTRUCTION INDUSTRY INDEPENDENT CONTRACTOR ACT RULES
Subchapter 2 - STOP-WORK ORDERS-N.J.S.A. 34:20-7.1
Section 12:65-2.4 - Issuance of stop-work order
Current through Register Vol. 56, No. 6, March 18, 2024
(a) If the Commissioner determines, after either an initial determination resulting from an audit of a business or an investigation, pursuant to N.J.S.A. 34:20-7.1(a), that an employer is in violation of any State wage, benefit, and tax laws, including, but not limited, to a violation of N.J.S.A. 34:15-79, or has failed to meet obligations as provided at N.J.S.A. 43:21-7 or 14, or for a violation of N.J.S.A. 34:2-21.1 et seq., or N.J.S.A. 34:15C-1 et seq., the Commissioner may issue a stop-work order against the employer requiring cessation of all business operations of the employer at one or more worksites, or across all of the employer's worksites and places of business.
(b) The stop-work order issued pursuant to this subchapter may be issued only against the employer found to be in violation or in non-compliance.
(c) If a stop-work order has been issued against a subcontractor pursuant to this subchapter, the general contractor shall retain the right to terminate the subcontractor from the project.
(d) The stop-work order issued pursuant to this subchapter shall be effective when served upon the employer at the place of business or, for a particular employer worksite, when served at that worksite.
(e) The stop-work order issued pursuant to this subchapter shall remain in effect until the Commissioner issues an order releasing the stop-work order upon a finding that the employer has come into compliance and has paid any unpaid wages, contributions, taxes, penalties, and/or fees deemed to be satisfactory to the Commissioner, or after the Commissioner determines, at the conclusion of a hearing held pursuant to N.J.A.C. 12:65-2.5, that the employer did not commit the act on which the stop-work order was based.
(f) The stop-work order issued pursuant to this subchapter shall be effective against any successor entity engaged in the same or equivalent trade or activity that has one or more of the same principals or officers as the corporation, partnership, limited liability company, or sole proprietorship against which the stop-work order was issued.
