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Terms Used In New Jersey Statutes 34:15D-34

  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
2. a. There is hereby established in the department an “Office of Strategic Enforcement and Compliance,” which shall oversee and coordinate across the divisions of the department and, when necessary, between the department and other State agencies and entities, strategic enforcement of State wage, benefit and tax laws, as deemed appropriate by the commissioner.

b. Each division within the department selected by the commissioner shall designate at least one employee whose duties shall include, among others, serving as a liaison with the “Office of Strategic Enforcement and Compliance.”

c. The commissioner shall devote departmental resources, including those of the department’s Office of Research and Information, to support a data-driven approach to the work of the “Office of Strategic Enforcement and Compliance.”

d. (1) As a precondition to the award to a person of direct business assistance from the department, and as a precondition for the department to report to another State agency or entity that a business is in substantial good standing, the department shall determine whether the person has any outstanding liability to the department under any of the statutes or rules that the department enforces, including but not limited to, for unpaid contributions to the unemployment compensation fund or the State disability benefits fund; to any individual on whose behalf the department has issued a final order for the payment of wages or benefits; or for any penalties, fees or interest due the department pursuant to a final order issued under any of the statutes or rules that the department enforces.

As an example, prior to the department reporting substantial good standing as required under the “New Jersey Economic Recovery Act of 2020,” P.L.2020, c.156 (C. 34:1B-269 et al.), the department shall complete the determination required by this paragraph.

If the department determines that a person has any outstanding liability to the department under any of the statutes or rules that the department enforces, the application by the person for direct business assistance from the department shall be denied, and it shall be reported to any inquiring State agency or entity that the business is not in substantial good standing. If a person is seeking the award of direct business assistance from the department, or where a report has been requested as to whether the person is in substantial good standing with the department, if the person has entered into an agreement with the department to immediately and fully comply with the statutes and rules enforced by the department and to resolve all delinquencies or deficiencies within a time period specified by the commissioner, then the commissioner may approve the award of direct business assistance from the department, or issue a report that the person is in substantial good standing with the department, notwithstanding the outstanding liability to the department under any of the statutes or rules that the department enforces.

(2) The “Office of Strategic Enforcement and Compliance” shall oversee and coordinate review processes good standing with the Department’s laws and rules as determined under paragraph (1) of this subsection.

L.2021, c.166, s.2.