The "Farm Labor Equality Act."

A1988

ASSEMBLY, No. 1988

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ANNETTE QUIJANO

District 20 (Union)

SYNOPSIS

���� The "Farm Labor Equality Act."

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning conditions of employment for
farmworkers, revising various portions of the statutory law, and supplementing
Title 34 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 15 of P.L.1940,
c. 153 (C.34:2-21.15) is amended to read as follows:

���� 15.� Except as hereinafter
provided as to newspaper carriers, no minor under 14 years of age may engage in
any street trade, which term, for the purpose of this section shall include the
selling, offering for sale, soliciting for, collecting for, displaying, or
distributing any articles, goods, merchandise, commercial service, posters,
circulars, newspapers or magazines or in blacking shoes on any street or other
public place or from house to house.�
[
No
]

Until
December 31, 2024, no
minor under 12 years of age may be employed in
agricultural pursuits.�
After December 31, 2024, no minor under 14 years of
age may be employed in agricultural pursuits, and minors under 18 years of age
shall be subject to the provisions of section 3 of P.L.1940, c.153
(C.34:2-21.3)
.

���� Whenever a minor has graduated
from vocational school, approved by the Commissioner of Education and is 17
years of age, the minor's diploma or certified copy thereof and an employment
certificate provided by the Department of Labor and Workforce Development shall
be deemed authorization to engage in those pursuits in which the minor majored
in said vocational school during those hours permitted for persons 18 years of
age and over.

���� Except as hereinafter provided
as to newspaper carriers, whenever a minor under 16 years of age desires to
work during such times as the schools of the district in which the minor
resides are not in session in any street trade or in agricultural pursuits, the
minor may register with the Department of Labor and Workforce Development an
application for authorization to work.� Such registration shall show the exact
character of the work the minor is to do, and the hours and wages and special
conditions under which said work is to be performed.

���� If upon investigation it is
found that the facts set forth in the application are true and that the work
will not interfere with the minor's health or standing in school, the
Department of Labor and Workforce Development shall issue authorization allowing
the minor to work at such times as the public schools in the district are not
in session, but such work except in agricultural pursuits, and as newspaper
carriers, to be otherwise subject to the maximum hours of labor provisions set
for minors under 16 years of age in section 3 of P.L.1940, c.153 (C.34:2-21.3);
provided, that nothing in P.L.1940, c.153 (C.34:2-21.1 et seq.) shall prevent
newspaper carriers as defined in P.L.1940, c.153 (C.34:2-21.1 et seq.), between
11 and 14 years of age, from delivering, soliciting, selling and collecting for
newspapers on routes in residential neighborhoods between the hours of 6:00
o'clock in the morning and 7:00 o'clock in the evening of any day; and
newspaper carriers 14 years of age and older from delivering, soliciting,
selling and collecting for newspapers on routes in residential neighborhoods
between the hours of 5:30 o'clock in the morning and 8:00 o'clock in the
evening of any day; and provided further that no newspaper carrier under the
age of 18 years shall be permitted to engage in such occupation beyond the
period of time wherein the combined hours devoted to said occupation as a
newspaper carrier and the hours in school shall exceed a total of 40 hours per
week and not more than 8 hours in any 1 day; and provided, further, that
,
prior to January 1, 2025,
minors engaged in agricultural pursuits may be
employed no more than 10 hours per day
, and, after December 31, 2024, minors
engaged in agricultural pursuits shall be subject to the limits in the number
of hours they may be employed stipulated in the provisions of section 3 of
P.L.1940, c.153 (C.34:2-21.3)
.

���� Such authorization shall show
the name, address, and date of birth of the minor for whom it is issued, the
kind of proof of age submitted, the nature of the occupation in which the minor
is to engage, and such other information as the Department of Labor and
Workforce Development may require.

���� Any authorization for work in
agriculture shall be issued and active until the minor is 18 years of age.

���� Upon application by the minor
who desires to work as a newspaper carrier as defined in P.L.1940, c.153
(C.34:2-21.1 et seq.), who is between the ages of 11 and 18 years of age, to
the publisher of any newspaper in this State and upon receiving authorization
from the Department of Labor and Workforce Development, such publisher may
employ such newspaper carrier to deliver, solicit, sell and collect for
newspapers outside of the newspaper carrier's school hours on residential
routes, and on Sundays and during school vacations.

���� The authorization shall show
the name, address and date of birth of the newspaper carrier for whom it is
issued, and such other information as the Department of Labor and Workforce
Development may require.

���� The authorization shall remain
in full force and effect unless and until the minor is 18 years of age.

���� The publisher shall keep a
record of the name, address and birth date of each newspaper carrier who is a
minor.� Such records shall be kept on file by said publisher for a period of
two years after the

newspaper carrier has ceased delivering newspapers published by said publisher.

(cf: P.L.2022, c.63, s.5)

���� 2.��� Section 5 of P.L.1966,
c.113 (C.34:11-56a4) is amended to read as follows:

���� 5.��� a.� Except as provided
in subsections c., d., e. g., and i. of this section, each employer shall pay
to each of his employees wages at a rate of not less than $8.85 per hour as of
January 1, 2019 and, on January 1 of 2020 and January 1 of each subsequent
year, the minimum wage shall be increased by any increase in the consumer price
index for all urban wage earners and clerical workers (CPI-W) as calculated by
the federal government for the 12 months prior to the September 30 preceding
that January 1, except that any of the following rates shall apply if it
exceeds the rate determined in accordance with the applicable increase in the
CPI-W for the indicated year: on July 1, 2019, the minimum wage shall be $10.00
per hour; on January 1, 2020, the minimum wage shall be $11.00 per hour; and on
January 1 of each year from 2021 to 2024, inclusive, the minimum wage shall be
increased from the rate of the preceding year by $1.00 per hour.� If the
federal minimum hourly wage rate set by section 6 of the federal "Fair
Labor Standards Act of 1938" (29 U.S.C. s.206), or a successor federal
law, is raised to a level higher than the State minimum wage rate set by this
subsection, then the State minimum wage rate shall be increased to the level of
the federal minimum wage rate and subsequent increases based on increases in
the CPI-W pursuant to this section shall be applied to the higher minimum wage
rate.� If an applicable wage order has been issued by the commissioner under
section 17 (C.34:11-56a16) of this act, the employer shall also pay not less
than the wages prescribed in said order.� The wage rates fixed in this section
shall not be applicable to persons under the age of 18 not possessing a special
vocational school graduate permit issued pursuant to section 15 of P.L.1940,
c.153 (C.34:2-21.15), or to persons employed as salesmen of motor vehicles, or
to persons employed as outside salesmen as such terms shall be defined and
delimited in regulations adopted by the commissioner, or to persons employed in
a volunteer capacity and receiving only incidental benefits at a county or
other agricultural fair by a nonprofit or religious corporation or a nonprofit
or religious association which conducts or participates in that fair.

���� b.� (1) An employer shall also
pay each employee not less than 1 1/2 times such employee's regular hourly rate
for each hour of working time in excess of 40 hours in any week, except that
this overtime rate shall not apply: to any individual employed in a bona fide
executive, administrative, or professional capacity; or to employees
, prior
to January 1, 2025,
engaged to labor on a farm
;
or
employees
employed
in a hotel; or to an employee of a common carrier of passengers by motor bus;
or to a limousine driver who is an employee of an employer engaged in the
business of operating limousines; or to employees engaged in labor relative to
the raising or care of livestock. �
On or after January 1, 2025, this
overtime rate shall apply to employees engaged to labor on a farm.

���� (2)� Employees engaged on a
piece-rate or regular hourly rate basis to labor on a farm shall be paid for
each day worked not less than the applicable minimum hourly wage rate
multiplied by the total number of hours worked.

���� (3)� Full-time students may be
employed by the college or university at which they are enrolled at not less
than 85% of the effective applicable minimum wage rate.

���� c.��� Employees of a small
employer, and employees who are engaged in seasonal employment, except for
employees who customarily and regularly receive gratuities or tips who shall be
subject to the provisions of subsections a. and d. of this section, shall be paid
$8.85 per hour as of January 1, 2019 and, on January 1 of 2020 and January 1 of
each subsequent year, that minimum wage rate shall be increased by any increase
in the consumer price index for all urban wage earners and clerical workers
(CPI-W) as calculated by the federal government for the 12 months prior to the
September 30 preceding that January 1, except that any of the following rates
shall apply if it exceeds the rate determined in accordance with the applicable
increase in the CPI-W for the indicated year: on January 1, 2020, the minimum
wage shall be $10.30 per hour; and on January 1 of each year from 2021 to 2025,
inclusive, the minimum wage shall be increased from the rate of the preceding
year by eighty cents per hour, and, in 2026, the minimum wage shall be
increased from the rate of the preceding year by seventy cents per hour, and,
in each year from 2027 to 2028 inclusive, the minimum wage for employees
subject to this subsection c. shall be increased by the same amount as the
increase for employees subject to subsection a. of this section based on CPI-W
increases, plus one half of the difference between $15.00 per hour and the
minimum wage in effect in 2026 for employees pursuant to subsection a. of this
section, so that, by 2028, the minimum wage for employees subject to this
subsection shall be the same as the minimum wage in effect for employees
subject to subsection a. of this section.� If the federal minimum hourly wage
rate set by section 6 of the federal "Fair Labor Standards Act of
1938" (29 U.S.C. s.206), or a successor federal law, is raised to a level
higher than the State minimum wage rate set by this subsection, then the State
minimum wage rate shall be increased to the level of the federal minimum wage
rate and subsequent increases based on increases in the CPI-W pursuant to this
subsection shall be applied to the higher minimum wage rate.

���� d.��� Employees engaged on a
piece-rate or regular hourly rate basis to labor on a farm shall be paid $8.85
per hour as of January 1, 2019 and, on January 1 of 2020 and January 1 of each
subsequent year, that minimum wage rate shall be increased by any increase in
the consumer price index for all urban wage earners and clerical workers
(CPI-W) as calculated by the federal government for the 12 months prior to the
September 30 preceding that January 1, except that any of the following rates
shall apply if it exceeds the rate determined in accordance with the applicable
increase in the CPI-W for the indicated year:

���� (1)� on January 1, 2020, the
minimum wage shall be $10.30 per hour; on January 1, 2022, the minimum wage
shall be $10.90 per hour; and on January 1 of each year from 2023 to 2024,
inclusive, the minimum wage shall be increased from the rate of the preceding year
by eighty cents per hour; and

���� (2)� subject to the provisions
of paragraph (3) of this subsection d., minimum wage rates shall be increased
as follows: on January 1 of 2025, the minimum wage shall be increased to
$13.40, and on January 1 of each year from 2026 to 2027, inclusive, the minimum
wage shall be increased from the rate of the preceding year by eighty cents per
hour, and, in each year from 2028 to 2030 inclusive, the minimum wage for
employees subject to this subsection d. shall be increased during that year by
the same amount as the increase in that year for employees subject to
subsection a. of this section based on CPI-W increases, plus one third of the
difference between $15.00 per hour and the minimum wage in effect in 2027 for
employees pursuant to subsection a. of this section, so that, by 2030, the
minimum wage for employees subject to this subsection shall be the same as the
minimum wage in effect for employees subject to subsection a. of this section.

���� (3)� Not later than March 31,
2024, the commissioner and the Secretary of Agriculture shall review the report
issued by the commissioner pursuant to subsection b. of section 4 of P.L.2019,
c.32 (C.34:11-56a4.10) and shall consider any information provided by the
secretary regarding the impact on farm employers and the viability of the
State's agricultural industry of the increases of the minimum wage made
pursuant to paragraph (1) of this subsection, and the potential impact of the
increases which would be set by paragraph (2) of this subsection, including
comparisons with the wage rates in the agricultural industries in other states,
and shall recommend: approval of the increases set forth in paragraph (2) of
this subsection; disapproval of the increases set forth in paragraph (2) of
this subsection; or an alternative manner of changing the minimum wage after
2024 for employees engaged on a piece-rate or regular hourly rate basis to
labor on a farm. In contemplation of the possibility that the commissioner and
the secretary are unable to agree on the recommendation required by this
paragraph, by December 31, 2021, the Governor shall appoint a public member
subject to advice and consent by the Senate, who will serve as a tie-breaking
member if needed.� The increases set forth in paragraph (2) of this subsection
shall take effect unless there is a recommendation pursuant to this paragraph
to disapprove the increases or for an alternative manner of changing the
minimum wage after 2024 for employees engaged on a piece-rate or regular hourly
rate basis to labor on a farm and the Legislature, not later than June 30,
2024, enacts a concurrent resolution approving the implementation of that
recommendation.� Beginning in 2024, the commissioner, secretary, and public
member shall meet biennially to make either a one or two year recommendation to
the Legislature for implementation by way of concurrent resolution.

���� (4)� If the federal minimum
hourly wage rate set by section 6 of the federal "Fair Labor Standards Act
of 1938" (29 U.S.C. s.206), or a successor federal law, is raised to a
level higher than the State minimum wage rate set by this subsection, then the
State minimum wage rate shall be increased to the level of the federal minimum
wage rate and subsequent increases based on increases in the CPI-W pursuant to
this subsection shall be applied to the higher minimum wage rate.

���� e.��� With respect to an
employee who customarily and regularly receives gratuities or tips, every
employer is entitled to a credit for the gratuities or tips received by the
employee against the hourly wage rate that would otherwise be paid to the
employee pursuant to subsection a. of this section of the following amounts:
after December 31, 2018 and before July 1, 2019, $6.72 per hour; after June 30,
2019 and before January 1, 2020, $7.37 per hour; during calendar years 2020,
2021 and 2022, $7.87 per hour; during calendar year 2023, $8.87 per hour; and
during calendar year 2024 and subsequent calendar years, $9.87 per hour.

���� f.���� Notwithstanding the
provisions of this section to the contrary, every trucking industry employer
shall pay to all drivers, helpers, loaders and mechanics for whom the Secretary
of Transportation may prescribe maximum hours of work for the safe operation of
vehicles, pursuant to section 31502(b) of the federal Motor Carrier Act, 49
U.S.C.s.31502(b), an overtime rate not less than 1 1/2 times the minimum wage
required pursuant to this section and N.J.A.C. 12:56-3.1.� Employees engaged in
the trucking industry shall be paid no less than the minimum wage rate as
provided in this section and N.J.A.C. 12:56-3.1.� As used in this section,
"trucking industry employer" means any business or establishment
primarily operating for the purpose of conveying property from one place to
another by road or highway, including the storage and warehousing of goods and
property. Such an employer shall also be subject to the jurisdiction of the
Secretary of Transportation pursuant to the federal Motor Carrier Act, 49
U.S.C.s.31501 et seq., whose employees are exempt under section 213(b)(1) of
the federal "Fair Labor Standards Act of 1938," 29 U.S.C.
s.213(b)(1), which provides an exemption to employees regulated by section 207
of the federal "Fair Labor Standards Act of 1938," 29 U.S.C. s.207,
and the Interstate Commerce Act, 49 U.S.C. s.501 et al.

���� g.��� Commencing on January 1,
2020, a training wage of not less than 90 percent of the minimum wage rate
otherwise set pursuant to subsection a. of this section may be paid to an
employee who is enrolled in an established employer on-the-job or other
training program which meets standards set by regulations adopted by the
commissioner.� The period during which an employer may pay the training wage to
the employee shall be the first 120 hours of work after hiring the employee in
employment in an occupation in which the employee has no previous similar or
related experience.� An employer shall not utilize any employee paid the
training wage in a manner which causes, induces, encourages or assists any
displacement or partial displacement of any currently employed worker,
including any previous recipient of the training wage, by reducing hours of a
currently employed worker, replacing a current or laid off employee with a
trainee, or by relocating operations resulting in a loss of employment at a
previous workplace, or in a manner which replaces, supplants, competes with or
duplicates any approved apprenticeship program.� An employer who pays an
employee a training wage shall make a good faith effort to continue to employ
the employee after the period of the training wage expires and shall not hire
the employee at the training wage unless there is a reasonable expectation that
there will be regular employment, paying at or above the effective minimum
wage, for the trainee upon the successful completion of the period of the
training wage.� If the commissioner determines that an employer has made
repeated, knowing violations of the provisions of this subsection regarding the
payment of a training wage, the commissioner shall suspend the employer's right
to pay a training wage for a period set pursuant to regulations adopted by the
commissioner, but not less than three years.

���� h.��� The provisions of this
section shall not be construed as prohibiting any political subdivision of the
State from adopting an ordinance, resolution, regulation or rule, or entering
into any agreement, establishing any standard for vendors, contractors and
subcontractors of the subdivision regarding wage rates or overtime compensation
which is higher than the standards provided for in this section, and no
provision of any other State or federal law establishing a minimum standard
regarding wages or other terms and conditions of employment shall be construed
as preventing a political subdivision of the State from adopting an ordinance,
resolution, regulation or rule, or entering into any agreement, establishing a
standard for vendors, contractors and subcontractors of the subdivision which
is higher than the State or federal law or which otherwise provides greater
protections or rights to employees of the vendors, contractors and
subcontractors of the subdivision, unless the State or federal law expressly prohibits
the subdivision from adopting the ordinance, resolution, regulation or rule, or
entering into the agreement.

���� i.���� Effective on the first
day of the second month next following the effective date of P.L.2020, c.89
(C.30:4D-7cc et al.), the minimum wage for long-term care facility direct care
staff members shall be in an amount that is $3 higher than the prevailing minimum
wage established pursuant to subsection a. of this section.

(cf: P.L.2023, c.262, s.8)

���� 3.��� Section 5 of P.L.1968,
c.303 (C.34:13A-5.1) is amended to read as follows:

���� 5.��� There is hereby
established a Division of Public Employment Relations and a Division of Private
Employment Dispute Settlement.

���� (a)�� The Division of Public
Employment Relations shall be concerned exclusively with matters of public
employment related to determining negotiating units, elections, certifications
and settlement of public employee representative and public employer disputes
and grievance procedures.� For the purpose of complying with the provisions of
Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Division
of Public Employment Relations is hereby allocated within the Department of
Labor and Workforce Development, and located in the city of Trenton, but
notwithstanding said allocation, the office shall be independent of any
supervision or control by the department or by any board or officer thereof.

���� (b)� The Division of Private
Employment Dispute Settlement shall assist the New Jersey State Board of
Mediation in the resolution of disputes in private employment.� The New Jersey
State Board of Mediation, its objectives and the powers and duties granted by this
act and the act of which this act is amendatory and supplementary shall be
concerned exclusively with matters of private employment and the office shall
continue to be located in the city of Newark.

���� (c)�� In the case of a private
employer not regulated by the National Labor Relations Board pursuant to the
National Labor Relations Act (29 U.S.C. s.151 et seq.), the New Jersey State
Board of Mediation shall designate a representative for a unit of employees of
the private employer for the purposes of collective bargaining when:

���� (1)� In any case in which the
board determines that
there is no current majority representative and

only one employee organization is seeking to be the majority representative,
that organization demonstrates that a majority of employees in the unit have
shown their preference to have that organization be their representative by
signing authorization cards indicating that preference; or

���� (2)� The employees in the unit
have selected a representative by an election that conforms with the procedures
outlined in section 159 of the National Labor Relations Act (29 U.S.C. s.159).

���� For the purposes of paragraph
(1) of this subsection, an authorization card indicating preference shall not
be valid unless it is printed in a language understood by the employee who
signs it.

����
An employee organization
seeking to be recognized as a majority representative, either by a card
authorization procedure pursuant to paragraph (1) of this subsection or by an
election pursuant to paragraph (2) of this subsection, is permitted, but not
required, to petition the New Jersey State Board of Mediation to require the
employer to file, within not more than 48 hours, and in the manner required by
the board, a complete and accurate list of the full names, current street
addresses, and job classifications of the current employees, and phone numbers
or other employee contact information available to the employer, which the
board shall immediately convey to the employee organization.
� Any employer
who refuses to provide information requested by the New Jersey State Board of
Mediation or otherwise acts to prevent the board from carrying out its
responsibilities pursuant to this subsection (c) shall have violated this
subsection and shall be liable to a fine of not more than
[
$1,000
]

$5,000 for
each day that the employer fails to provide a complete response or otherwise
prevents the board from carrying out its responsibilities
, to be recovered
under the "Penalty Enforcement Law of 1999," P.L.1999, c.274
(C.2A:58-10 et seq.) in the name of the board and to be used by the board for
costs of implementing this subsection.� In addition, an employee organization
seeking to represent the employees of the employer may institute an action in a
court of competent jurisdiction to obtain an injunction to restrain any continuation
of the violation, to reimburse the employee organization or any affected
employee for any damages caused by the violation plus reasonable costs and
attorney's fees of the action.

���� The provisions of this
subsection (c) shall not apply to religious or parochial schools or their
employees or to any private nonprofit organization exempt from federal taxation
under section 501 of the Internal Revenue Code of 1986 (26 U.S.C. s. 501).

���� (d)� In the case of a private
employer regulated by the National Labor Relations Board pursuant to the
National Labor Relations Act (29 U.S.C. s. 151 et seq.), the New Jersey State
Board of Mediation shall, based on the mutual agreement of the private employer
and an organization seeking to represent employees of the employer, designate a
representative for a unit of employees of the private employer for the purposes
of collective bargaining when:

���� (1)� In any case in which the
board determines that only one employee organization is seeking to be the
majority representative, that organization demonstrates, in a manner mutually
agreed upon by the representative and the employer, that a majority of employees
in the unit have shown their preference to have that organization be their
representative by signing authorization cards indicating that preference; or

���� (2)� the employees in the unit
have selected the representative by an election that conforms with the
procedures outlined in section 159 of the National Labor Relations Act (29
U.S.C. s.159).

���� (e)�� For the purposes of
subsections (c) and (d) of this section, "employee unit" means an
appropriate group of employees for the purposes of collective bargaining as
determined, if necessary, by the New Jersey State Board of Mediation.

(cf: P.L.2005, c.161, s.1)

���� 4.��� (New section) a.
Agricultural employers and their representatives and agents are prohibited from
the following unfair practices:

���� (1)� Interfering with,
restraining, or coercing employees in their exercise of rights guaranteed by
this act.

���� (2)� Dominating or interfering
with the formation, existence or administration of any employee organization,
including any violation of the provisions of section 5 of P.L.�� , c.�� (C.�� )
(pending before the Legislature as this bill).

���� (3)� Discharging, threatening
to discharge, or otherwise discriminating with respect to hire or tenure of
employment or any term or condition of employment to encourage or discourage
employees from signing or filing an affidavit, petition or complaint or disclosing
any information or testimony, or exercising any other rights guaranteed by this
act.

���� (4)� Refusing to negotiate in
good faith with a majority representative of employees concerning terms and
conditions of employment, refusing to process grievances, or refusing to reduce
to writing and sign a negotiated agreement.

���� (5)� Violating any regulations
adopted by the division.

���� �b.�� Employee organizations
and their representatives and agents are prohibited from the following unfair
practices:

���� (1)� Interfering with,
restraining or coercing employees in the exercise of the rights guaranteed to
them by this act.

���� (2)� Interfering with,
restraining or coercing an agricultural employer in the selection of the
employer�s representative for the purposes of negotiations or the adjustment of
grievances.

���� (3)� Refusing to negotiate in
good faith with an agricultural employer concerning terms and conditions of
employment, or refusing to reduce to writing and sign a negotiated agreement.

���� (4)� Violating any regulations
adopted by the division.

���� �c.�� The division shall have
exclusive power to prevent anyone from engaging in any unfair practice listed
in subsections a. and b. of this section.� Whenever it is charged that any
party has engaged or is engaging in an unfair practice, the division, or its designated
agent, shall have authority to issue and cause to be served upon the party a
complaint stating the specific unfair practice charged and including a notice
of hearing containing the date and place of hearing before the division or its
designated agent, except that no complaint shall be based on an unfair practice
occurring more than six months prior to the filing of the charge unless the
aggrieved person was prevented from filing the charge, in which event the
six-month period shall be computed from the day the person was no longer
prevented.� If the division determines that any party charged has engaged or is
engaging in an unfair practice, the division shall state its findings of fact
and conclusions of law and issue and cause to be served on the party an order
requiring the party to cease and desist from the unfair practice, and to take
reasonable remedial or affirmative action as will effectuate the policies of
this act, which shall, in the case of a discharge or other discrimination
against any employee for exercising rights guaranteed by this act, include
reinstatement to any employment from which the employee was discharged, the
payment of any wages lost due to the discrimination, reasonable costs of
action, and liquidated damages equal to the wages due.� Any case in which a
complaint and notice of hearing are issued by the division shall be prosecuted
before the division by a representative of the employee organization or other
party filing the charge.

���� d.��� The division shall have
the power to apply to the Appellate Division of the Superior Court for an
appropriate order enforcing any order of the division issued pursuant to
subsection c. of this section, and its findings of fact, if based upon
substantial evidence on the record as a whole, shall not be set aside or
modified, and any order for remedial or affirmative action, if reasonably
designed to effectuate the provisions of this act, shall be affirmed and
enforced.

���� 5.��� (New section)� a.� If an
employee organization seeking to be a majority representative of employees of an
agricultural employer petitions the New Jersey State Board of Mediation to
require the employer to provide a list of the current employees with contact
information pursuant to section 5 of P.L.1968, c.303 (C.34:13A-5.1), the
employer shall, along with providing the list and
contact
information,
provide the employee organization
access to the employees.� The required access to employees shall include, but
not be limited to, permitting representatives of the organization to meet with employees
on the premises of the employer during the work day, and permitting
representatives of the organization to meet with employees at any employee
living quarters under the control of the employer.

���� b.��� An
agricultural employer shall permit any employee organization which is a
majority representative of employees of the employer:

���� (1)� to
access the employer�s premises to investigate and discuss with the employees
grievances, workplace-related complaints, and other workplace issues;

���� (2)� to
conduct worksite meetings during non-work breaks, and before and after the
workday, to discuss workplace issues, collective negotiations, the
administration of collective negotiations agreements, other matters related to
the governance, business, and duties of the employee organization; and

���� (3)� to
meet with a newly hired employee within five days after hire, without charge to
the pay or leave time of the employee.

���� c.��� An
agricultural employer shall provide the majority representative with timely
notification of any new hiring by the employer or change in the contact
information of current employees.

���� d.��� An agricultural employer
shall carry out payroll deductions for membership dues for the
majority representative
, and payroll
deductions for representation fees from non-members, as agreed to in
negotiations between the employer and the
majority
representative
, or, if an agreement is not reached, as set by the
division.

���� e.��� An agricultural employer
shall not discourage an employee from joining, forming or assisting an employee
organization, or encourage employees to resign or relinquish membership in an
employee organization, or revoke authorization of the deduction of dues or fees
to an employee organization.

���� f.���� An agricultural
employer who violates any provision of this section shall be regarded as having
engaged in an unfair practice in violation of section 4 of P.L.��� , c.��
(C.��� ) (pending before the Legislature as this bill), and, upon a finding
that the violation has occurred, the division, in addition to implementing any
other remedies authorized by that section, shall order the agricultural
employer to make whole the employee organization for any losses suffered by the
organization as a result of the violation.

���� 6.��� (New section)�
Notwithstanding any law to the contrary, an organization representing
agricultural laborers, and its members, representatives, and supporters, shall
have the right to engage in publicity, including picketing, for the purpose of
truthfully advising the public, including consumers, that products or the
ingredients of products are produced by an agricultural employer with which the
organization has a dispute, including publicity which has the effect of
requesting the public to cease patronizing businesses which distribute or sell
those products.

���� 7.��� (New section)� The
division, in consultation with the New Jersey State Board of Mediation, shall
adopt regulations as needed regarding the conduct of the selection of majority
representatives though election or authorization card procedures pursuant to
subsection (c) of section 5 of P.L.1968, c.303 (C.34:13A-5.1), procedures for
negotiations between majority representatives and agricultural employers, the
resolution of grievances, the collection of dues and fees for the majority
representatives, and other matters concerning terms and conditions of
employment.

���� 8.��� (New section)� For the
purposes of sections 1 through 5 of P.L.�� , c.�� (C.��� ) (pending before the
Legislature as this bill):

���� �Agricultural employer� means any
private employer of agriculture laborers who is not regulated by the National
Labor Relations Board pursuant to the National Labor Relations Act (29 U.S.C. s.151 et seq.).

���� �Division� means the Division
of Private Employment Dispute Settlement established pursuant to section 5 of
P.L.1968, c.303 (C.34:13A-5.1).

���� �Majority representative�
means an employee organization designated by the State Board of Mediation
pursuant to subsection (c) of section 5 of P.L.1968, c.303 (C.34:13A-5.1) to be
a representative of a unit of employees of an agricultural employer.

���� 9.��� (New section)� This act
shall be known and may be cited as the �Farm Labor Equality Act.�

���� 10.� R.S.43:21-19 is amended
to read as follows:

���� 43:21-19.� Definitions.� As
used in this chapter (R.S.43:21-1 et seq.), unless the context clearly requires
otherwise:

���� (a) (1) "Annual
payroll" means the total amount of wages paid during a calendar year
(regardless of when earned) by an employer for employment.

���� (2) "Average annual
payroll" means the average of the annual payrolls of any employer for the
last three or five preceding calendar years, whichever average is higher,
except that any year or years throughout which an employer has had no "annual
payroll" because of military service shall be deleted from the reckoning;
the "average annual payroll" in such case is to be determined on the
basis of the prior three or five calendar years in each of which the employer
had an "annual payroll" in the operation of his business, if the
employer resumes his business within 12 months after separation, discharge or
release from such service, under conditions other than dishonorable, and makes
application to have his "average annual payroll" determined on the
basis of such deletion within 12 months after he resumes his business;
provided, however, that "average annual payroll" solely for the
purposes of paragraph (3) of subsection (e) of R.S.43:21-7 means the average of
the annual payrolls of any employer on which he paid contributions to the State
disability benefits fund for the last three or five preceding calendar years,
whichever average is higher; provided further that only those wages be included
on which employer contributions have been paid on or before January 31 (or the
next succeeding day if such January 31 is a Saturday or Sunday) immediately
preceding the beginning of the 12-month period for which the employer's
contribution rate is computed.

���� (b) "Benefits" means
the money payments payable to an individual, as provided in this chapter
(R.S.43:21-1 et seq.), with respect to his unemployment.

���� (c) (1) "Base year"
with respect to benefit years commencing on or after July 1, 1986, shall mean
the first four of the last five completed calendar quarters immediately
preceding an individual's benefit year.

���� With respect to a benefit year
commencing on or after July 1, 1995, if an individual does not have sufficient
qualifying weeks or wages in his base year to qualify for benefits, the
individual shall have the option of designating that his base year shall be the
"alternative base year," which means the last four completed calendar
quarters immediately preceding the individual's benefit year; except that, with
respect to a benefit year commencing on or after October 1, 1995, if the
individual also does not have sufficient qualifying weeks or wages in the last
four completed calendar quarters immediately preceding his benefit year to
qualify for benefits, "alternative base year" means the last three
completed calendar quarters immediately preceding his benefit year and, of the
calendar quarter in which the benefit year commences, the portion of the
quarter which occurs before the commencing of the benefit year.

���� The division shall inform the
individual of his options under this section as amended by P.L.1995, c.234.� If
information regarding weeks and wages for the calendar quarter or quarters
immediately preceding the benefit year is not available to the division from
the regular quarterly reports of wage information and the division is not able
to obtain the information using other means pursuant to State or federal law,
the division may base the determination of eligibility for benefits on the
affidavit of an individual with respect to weeks and wages for that calendar
quarter.� The individual shall furnish payroll documentation, if available, in
support of the affidavit.� A determination of benefits based on an alternative
base year shall be adjusted when the quarterly report of wage information from
the employer is received if that information causes a change in the
determination.

���� (2) With respect to a benefit
year commencing on or after June 1, 1990 for an individual who immediately
preceding the benefit year was subject to a disability compensable under the
provisions of the "Temporary Disability Benefits Law," P.L.1948,
c.110 (C.43:21-25 et seq.), "base year" shall mean the first four of
the last five completed calendar quarters immediately preceding the
individual's period of disability, if the employment held by the individual
immediately preceding the period of disability is no longer available at the
conclusion of that period and the individual files a valid claim for
unemployment benefits after the conclusion of that period.� For the purposes of
this paragraph, "period of disability" means the period defined as a period
of disability by section 3 of the "Temporary Disability Benefits
Law," P.L.1948, c.110 (C.43:21-27).� An individual who files a claim under
the provisions of this paragraph (2) shall not be regarded as having left work
voluntarily for the purposes of subsection (a) of R.S.43:21-5.

���� (3) With respect to a benefit
year commencing on or after June 1, 1990 for an individual who immediately
preceding the benefit year was subject to a disability compensable under the
provisions of the workers' compensation law (chapter 15 of Title 34 of the
Revised Statutes), "base year" shall mean the first four of the last
five completed calendar quarters immediately preceding the individual's period
of disability, if the period of disability was not longer than two years, if
the employment held by the individual immediately preceding the period of
disability is no longer available at the conclusion of that period and if the
individual files a valid claim for unemployment benefits after the conclusion
of that period.� For the purposes of this paragraph, "period of
disability" means the period from the time at which the individual becomes
unable to work because of the compensable disability until the time that the
individual becomes able to resume work and continue work on a permanent basis.�
An individual who files a claim under the provisions of this paragraph (3)
shall not be regarded as having left work voluntarily for the purposes of
subsection (a) of R.S.43:21-5.

���� (d) "Benefit year"
with respect to any individual means the 364 consecutive calendar days
beginning with the day on, or as of, which he first files a valid claim for
benefits, and thereafter beginning with the day on, or as of, which the individual
next files a valid claim for benefits after the termination of his last
preceding benefit year.� Any claim for benefits made in accordance with
subsection (a) of R.S.43:21-6 shall be deemed to be a "valid claim"
for the purpose of this subsection if (1) he is unemployed for the week in
which, or as of which, he files a claim for benefits; and (2) he has fulfilled
the conditions imposed by subsection (e) of R.S.43:21-4.

���� (e) (1) "Division"
means the Division of Unemployment and Temporary Disability Insurance of the
Department of Labor and Workforce Development, and any transaction or exercise
of authority by the director of the division thereunder, or under this chapter
(R.S.43:21-1 et seq.), shall be deemed to be performed by the division.

���� (2) "Controller"
means the Office of the Assistant Commissioner for Finance and Controller of
the Department of Labor and Workforce Development, established by the 1982
Reorganization Plan of the Department of Labor.

���� (f) "Contributions"
means the money payments to the State Unemployment Compensation Fund, required
by R.S.43:21-7.� "Payments in lieu of contributions" means the money
payments to the State Unemployment Compensation Fund by employers electing or
required to make payments in lieu of contributions, as provided in section 3 or
section 4 of P.L.1971, c.346 (C.43:21-7.2 or 43:21-7.3).

���� (g) "Employing unit"
means the State or any of its instrumentalities or any political subdivision
thereof or any of its instrumentalities or any instrumentality of more than one
of the foregoing or any instrumentality of any of the foregoing and one or more
other states or political subdivisions or any individual or type of
organization, any partnership, association, trust, estate, joint-stock company,
insurance company or corporation, whether domestic or foreign, or the receiver,
trustee in bankruptcy, trustee or successor thereof, or the legal
representative of a deceased person, which has or subsequent to January 1,
1936, had in its employ one or more individuals performing services for it
within this State.� All individuals performing services within this State for
any employing unit which maintains two or more separate establishments within
this State shall be deemed to be employed by a single employing unit for all
the purposes of this chapter (R.S.43:21-1 et seq.).� Each individual employed
to perform or to assist in performing the work of any agent or employee of an
employing unit shall be deemed to be employed by such employing unit for all
the purposes of this chapter (R.S.43:21-1 et seq.), whether such individual was
hired or paid directly by such employing unit or by such agent or employee;
provided the employing unit had actual or constructive knowledge of the work.

���� (h) "Employer"
means:

���� (1) Any employing unit which
in either the current or the preceding calendar year paid remuneration for
employment in the amount of $1,000.00 or more;

���� (2) Any employing unit
(whether or not an employing unit at the time of acquisition) which acquired
the organization, trade or business, or substantially all the assets thereof,
of another which, at the time of such acquisition, was an employer subject to
this chapter (R.S.43:21-1 et seq.);

���� (3) Any employing unit which
acquired the organization, trade or business, or substantially all the assets
thereof, of another employing unit and which, if treated as a single unit with
such other employing unit, would be an employer under paragraph (1) of this
subsection;

���� (4) Any employing unit which
together with one or more other employing units is owned or controlled (by
legally enforceable means or otherwise), directly or indirectly by the same
interests, or which owns or controls one or more other employing units (by
legally enforceable means or otherwise), and which, if treated as a single unit
with such other employing unit or interest, would be an employer under
paragraph (1) of this subsection;

���� (5) Any employing unit for
which service in employment as defined in R.S.43:21-19 (i) (1) (B) (i) is
performed after December 31, 1971; and as defined in R.S.43:21-19 (i) (1) (B)
(ii) is performed after December 31, 1977;

���� (6) Any employing unit for
which service in employment as defined in R.S.43:21-19 (i) (1) (c) is performed
after December 31, 1971 and which in either the current or the preceding
calendar year paid remuneration for employment in the amount of $1,000.00 or
more;

���� (7) Any employing unit not an
employer by reason of any other paragraph of this subsection (h) for which,
within either the current or preceding calendar year, service is or was
performed with respect to which such employing unit is liable for any federal
tax against which credit may be taken for contributions required to be paid
into a state unemployment fund; or which, as a condition for approval of the
"unemployment compensation law" for full tax credit against the tax
imposed by the Federal Unemployment Tax Act, is required pursuant to such act
to be an employer under this chapter (R.S.43:21-1 et seq.);

���� (8) (Deleted by amendment,
P.L.1977, c.307.)

���� (9) (Deleted by amendment,
P.L.1977, c.307.)

���� (10) (Deleted by amendment,
P.L.1977, c.307.)

���� (11) Any employing unit
subject to the provisions of the Federal Unemployment Tax Act within either the
current or the preceding calendar year, except for employment hereinafter
excluded under paragraph (7) of subsection (i) of this section;

���� (12) Any employing unit for
which agricultural labor in employment as defined in R.S.43:21-19 (i) (1) (I)
is performed after December 31, 1977;

���� (13) Any employing unit for
which domestic service in employment as defined in R.S.43:21-19 (i) (1) (J) is
performed after December 31, 1977;

���� (14) Any employing unit which
having become an employer under the "unemployment compensation law"
(R.S.43:21-1 et seq.), has not under R.S.43:21-8 ceased to be an employer; or
for the effective period of its election pursuant to R.S.43:21-8, any other
employing unit which has elected to become fully subject to this chapter
(R.S.43:21-1 et seq.).

���� (i) (1) "Employment"
means:

���� (A) Any service performed
prior to January 1, 1972, which was employment as defined in the
"unemployment compensation law" (R.S.43:21-1 et seq.) prior to such
date, and, subject to the other provisions of this subsection, service
performed on or after January 1, 1972, including service in interstate
commerce, performed for remuneration or under any contract of hire, written or
oral, express or implied.

���� (B) (i) Service performed
after December 31, 1971 by an individual in the employ of this State or any of
its instrumentalities or in the employ of this State and one or more other
states or their instrumentalities for a hospital or institution of higher education
located in this State, if such service is not excluded from
"employment" under paragraph (D) below.

���� (ii) Service performed after
December 31, 1977, in the employ of this State or any of its instrumentalities
or any political subdivision thereof or any of its instrumentalities or any
instrumentality of more than one of the foregoing or any instrumentality of the
foregoing and one or more other states or political subdivisions, if such
service is not excluded from "employment" under paragraph (D) below.

���� (C) Service performed after
December 31, 1971 by an individual in the employ of a religious, charitable,
educational, or other organization, which is excluded from
"employment" as defined in the Federal Unemployment Tax Act, solely
by reason of section 3306 (c)(8) of that act, if such service is not excluded
from "employment" under paragraph (D) below.

���� (D) For the purposes of
paragraphs (B) and (C), the term "employment" does not apply to
services performed

���� (i) In the employ of (I) a
church or convention or association of churches, or (II) an organization, or
school which is operated primarily for religious purposes and which is
operated, supervised, controlled or principally supported by a church or convention
or association of churches;

���� (ii) By a duly ordained,
commissioned, or licensed minister of a church in the exercise of his ministry
or by a member of a religious order in the exercise of duties required by such
order;

���� (iii) Prior to January 1,
1978, in the employ of a school which is not an institution of higher
education, and after December 31, 1977, in the employ of a governmental entity
referred to in R.S.43:21-19 (i) (1) (B), if such service is performed by an individual
in the exercise of duties

���� (aa) as an elected official;

���� (bb) as a member of a
legislative body, or a member of the judiciary, of a state or political
subdivision;

���� (cc) as a member of the State
National Guard or Air National Guard;

���� (dd) as an employee serving on
a temporary basis in case of fire, storm, snow, earthquake, flood or similar
emergency;

���� (ee) in a position which,
under or pursuant to the laws of this State, is designated as a major
nontenured policy making or advisory position, or a policy making or advisory
position, the performance of the duties of which ordinarily does not require
more than eight hours per week; or

���� (iv) By an individual
receiving rehabilitation or remunerative work in a facility conducted for the
purpose of carrying out a program of rehabilitation of individuals whose
earning capacity is impaired by age or physical or mental deficiency or injury
or providing remunerative work for individuals who because of their impaired
physical or mental capacity cannot be readily absorbed in the competitive labor
market;

���� (v) By an individual receiving
work-relief or work-training as part of an unemployment work-relief or
work-training program assisted in whole or in part by any federal agency or an
agency of a state or political subdivision thereof; or

���� (vi) Prior to January 1, 1978,
for a hospital in a State prison or other State correctional institution by an
inmate of the prison or correctional institution and after December 31, 1977,
by an inmate of a custodial or penal institution.

���� (E) The term
"employment" shall include the services of an individual who is a
citizen of the United States, performed outside the United States after
December 31, 1971 (except in Canada and in the case of the Virgin Islands,
after December 31, 1971) and prior to January 1 of the year following the year
in which the U.S. Secretary of Labor approves the unemployment compensation law
of the Virgin Islands, under section 3304 (a) of the Internal Revenue Code of
1986 (26 U.S.C. s.3304 (a)) in the employ of an American employer (other than
the service which is deemed employment under the provisions of R.S.43:21-19 (i)
(2) or (5) or the parallel provisions of another state's unemployment
compensation law), if

���� (i) The American employer's
principal place of business in the United States is located in this State; or

���� (ii) The American employer has
no place of business in the United States, but (I) the American employer is an
individual who is a resident of this State; or (II) the American employer is a
corporation which is organized under the laws of this State; or (III) the
American employer is a partnership or trust and the number of partners or
trustees who are residents of this State is greater than the number who are
residents of another state; or

���� (iii) None of the criteria of
divisions (i) and (ii) of this subparagraph (E) is met but the American
employer has elected to become an employer subject to the "unemployment
compensation law" (R.S.43:21-1 et seq.) in this State, or the American
employer having failed to elect to become an employer in any state, the
individual has filed a claim for benefits, based on such service, under the law
of this State;

���� (iv) An "American
employer," for the purposes of this subparagraph (E), means (I) an
individual who is a resident of the United States; or (II) a partnership, if
two-thirds or more of the partners are residents of the United States; or (III)
a trust, if all the trustees are residents of the United States; or (IV) a
corporation organized under the laws of the United States or of any state.

���� (F) Notwithstanding
R.S.43:21-19 (i) (2), all service performed after January 1, 1972 by an officer
or member of the crew of an American vessel or American aircraft on or in
connection with such vessel or aircraft, if the operating office from which the
operations of such vessel or aircraft operating within, or within and without,
the United States are ordinarily and regularly supervised, managed, directed,
and controlled, is within this State.

���� (G) Notwithstanding any other
provision of this subsection, service in this State with respect to which the
taxes required to be paid under any federal law imposing a tax against which
credit may be taken for contributions required to be paid into a state
unemployment fund or which as a condition for full tax credit against the tax
imposed by the Federal Unemployment Tax Act is required to be covered under the
"unemployment compensation law" (R.S.43:21-1 et seq.).

���� (H) The term "United
States" when used in a geographical sense in subsection R.S.43:21-19 (i)
includes the states, the District of Columbia, the Commonwealth of Puerto Rico
and, effective on the day after the day on which the U.S. Secretary of Labor
approves for the first time under section 3304 (a) of the Internal Revenue Code
of 1986 (26 U.S.C. s.3304 (a)) an unemployment compensation law submitted to
the Secretary by the Virgin Islands for such approval, the Virgin Islands.

���� (I) (i) Service performed
after December 31, 1977 in agricultural labor in a calendar year for an entity
which is an employer as defined in the "unemployment compensation
law," (R.S.43:21-1 et seq.) as of January 1 of such year; or for an employing
unit which

���� (aa) during any calendar
quarter in either the current or the preceding calendar year paid remuneration
in cash of $20,000.00 or more for individuals employed in agricultural labor,
or

���� (bb) for some portion of a day
in each of 20 different calendar weeks, whether or not such weeks were
consecutive, in either the current or the preceding calendar year, employed in
agricultural labor 10 or more individuals, regardless of whether they were
employed at the same moment in time
, except that the conditions of
R.S.34:21-19(i)(1)(I)(aa) and (bb) shall not apply after December 31, 2025
.

���� (ii) for the purposes of this
subsection any individual who is a member of a crew furnished by a crew leader
to perform service in agricultural labor for any other entity shall be treated
as an employee of such crew leader

���� (aa) if such crew leader holds
a certification of registration under the Migrant and Seasonal Agricultural
Worker Protection Act, Pub.L.97-470 (29 U.S.C. s.1801 et seq.), or P.L.1971,
c.192 (C.34:8A-7 et seq.); or substantially all the members of such crew
operate or maintain tractors, mechanized harvesting or cropdusting equipment,
or any other mechanized equipment, which is provided by such crew leader; and

���� (bb) if such individual is not
an employee of such other person for whom services were performed.

���� (iii) For the purposes of
subparagraph (I) (i) in the case of any individual who is furnished by a crew
leader to perform service in agricultural labor or any other entity and who is
not treated as an employee of such crew leader under (I) (ii)

���� (aa) such other entity and not
the crew leader shall be treated as the employer of such individual; and

���� (bb) such other entity shall
be treated as having paid cash remuneration to such individual in an amount
equal to the amount of cash remuneration paid to such individual by the crew
leader (either on his own behalf or on behalf of such other entity) for the
service in agricultural labor performed for such other entity.

���� (iv) For the purpose of
subparagraph (I)(ii), the term "crew leader" means an individual who

���� (aa) furnishes individuals to
perform service in agricultural labor for any other entity;

���� (bb) pays (either on his own
behalf or on behalf of such other entity) the individuals so furnished by him
for the service in agricultural labor performed by them; and

���� (cc) has not entered into a
written agreement with such other entity under which such individual is
designated as an employee of such other entity.

���� (J) (i) Domestic service after
December 31, 1977 and before the effective date of P.L.2023, c.262 (C.34:11-69
et al.) performed in the private home of an employing unit which paid cash
remuneration of $1,000.00 or more to one or more individuals for such domestic
service in any calendar quarter in the current or preceding calendar year.

���� (ii) Domestic services after
the effective date of P.L.2023, c.262 (C.34:11-69 et al.), performed in the
private home of an employing unit which in either the current or preceding
calendar year paid remuneration for employment in the amount of $1,000 or more.

���� (2) The term
"employment" shall include an individual's entire service performed
within or both within and without this State if:

���� (A) The service is localized
in this State; or

���� (B) The service is not
localized in any state but some of the service is performed in this State, and
(i) the base of operations, or, if there is no base of operations, then the
place from which such service is directed or controlled, is in this State; or
(ii) the base of operations or place from which such service is directed or
controlled is not in any state in which some part of the service is performed,
but the individual's residence is in this State.

���� (3) Services performed within
this State but not covered under paragraph (2) of this subsection shall be
deemed to be employment subject to this chapter (R.S.43:21-1 et seq.) if
contributions are not required and paid with respect to such services under an
unemployment compensation law of any other state or of the federal government.

���� (4) Services not covered under
paragraph (2) of this subsection and performed entirely without this State,
with respect to no part of which contributions are required and paid under an
unemployment compensation law of any other state or of the federal government,
shall be deemed to be employment subject to this chapter (R.S.43:21-1 et seq.)
if the individual performing such services is a resident of this State and the
employing unit for whom such services are performed files with the division an
election that the entire service of such individual shall be deemed to be
employment subject to this chapter (R.S.43:21-1 et seq.).

���� (5) Service shall be deemed to
be localized within a state if:

���� (A) The service is performed
entirely within such state; or

���� (B) The service is performed
both within and without such state, but the service performed without such
state is incidental to the individual's service within the state; for example,
is temporary or transitory in nature or consists of isolated transactions.

���� (6) Services performed by an
individual for remuneration shall be deemed to be employment subject to this
chapter (R.S.43:21-1 et seq.) unless and until it is shown to the satisfaction
of the division that:

���� (A) Such individual has been
and will continue to be free from control or direction over the performance of
such service, both under his contract of service and in fact;

���� (B) Such service is either
outside the usual course of the business for which such service is performed,
or that such service is performed outside of all the places of business of the
enterprise for which such service is performed; and

���� (C) Such individual is
customarily engaged in an independently established trade, occupation,
profession or business.

���� (7) Provided that such
services are also exempt under the Federal Unemployment Tax Act, as amended, or
that contributions with respect to such services are not required to be paid
into a state unemployment fund as a condition for a tax offset credit against
the tax imposed by the Federal Unemployment Tax Act, as amended, the term
"employment" shall not include:

���� (A)
[
Agricultural labor performed
prior to January 1, 1978; and after December 31, 1977, only if performed in a
calendar year for an entity which is not an employer as defined in the
"unemployment compensation law," (R.S.43:21-1 et seq.) as of January
1 of such calendar year; or unless performed for an employing unit which

���� (i) during a calendar quarter
in either the current or the preceding calendar year paid remuneration in cash
of $20,000.00 or more to individuals employed in agricultural labor, or

���� (ii) for some portion of a day
in each of 20 different calendar weeks, whether or not such weeks were
consecutive, in either the current or the preceding calendar year, employed in
agricultural labor 10 or more individuals, regardless of whether they were
employed at the same moment in time
]

Deleted by amendment, P.L.� , c.�� (C.�� ) (pending before the Legislature
as this bill)
;

���� (B) Domestic service in a
private home performed prior to January 1, 1978; and after December 31, 1977,
unless performed in the private home of an employing unit which paid cash
remuneration of $1,000.00 or more to one or more individuals for such domestic
service in any calendar quarter in the current or preceding calendar year;

���� (C) Service performed by an
individual in the employ of his son, daughter or spouse, and service performed
by a child under the age of 18 in the employ of his father or mother;

���� (D) Service performed prior to
January 1, 1978, in the employ of this State or of any political subdivision
thereof or of any instrumentality of this State or its political subdivisions,
except as provided in R.S.43:21-19 (i) (1) (B) above, and service in the employ
of the South Jersey Port Corporation or its successors;

���� (E) Service performed in the
employ of any other state or its political subdivisions or of an
instrumentality of any other state or states or their political subdivisions to
the extent that such instrumentality is with respect to such service exempt
under the Constitution of the United States from the tax imposed under the
Federal Unemployment Tax Act, as amended, except as provided in R.S.43:21-19
(i) (1) (B) above;

���� (F) Service performed in the
employ of the United States Government or of any instrumentality of the United
States exempt under the Constitution of the United States from the
contributions imposed by the "unemployment compensation law," except that
to the extent that the Congress of the United States shall permit states to
require any instrumentalities of the United States to make payments into an
unemployment fund under a state unemployment compensation law, all of the
provisions of this act shall be applicable to such instrumentalities, and to
service performed for such instrumentalities, in the same manner, to the same
extent and on the same terms as to all other employers, employing units,
individuals and services; provided that if this State shall not be certified
for any year by the Secretary of Labor of the United States under section 3304
of the federal Internal Revenue Code of 1986 (26 U.S.C. s.3304), the payments
required of such instrumentalities with respect to such year shall be refunded
by the division from the fund in the same manner and within the same period as
is provided in R.S.43:21-14 (f) with respect to contributions erroneously paid
to or collected by the division;

���� (G) Services performed in the
employ of fraternal beneficiary societies, orders, or associations operating
under the lodge system or for the exclusive benefit of the members of a
fraternity itself operating under the lodge system and providing for the payment
of life, sick, accident, or other benefits to the members of such society,
order, or association, or their dependents;

���� (H) Services performed as a
member of the board of directors, a board of trustees, a board of managers, or
a committee of any bank, building and loan, or savings and loan association,
incorporated or organized under the laws of this State or of the United States,
where such services do not constitute the principal employment of the
individual;

���� (I) Service with respect to
which unemployment insurance is payable under an unemployment insurance program
established by an Act of Congress;

���� (J) Service performed by
agents of mutual fund brokers or dealers in the sale of mutual funds or other
securities, by agents of insurance companies, exclusive of industrial insurance
agents or by agents of investment companies, if the compensation to such agents
for such services is wholly on a commission basis;

���� (K) Services performed by real
estate salesmen or brokers who are compensated wholly on a commission basis;

���� (L) Services performed in the
employ of any veterans' organization chartered by Act of Congress or of any
auxiliary thereof, no part of the net earnings of which organization, or
auxiliary thereof, inures to the benefit of any private shareholder or individual;

���� (M) Service performed for or
in behalf of the owner or operator of any theater, ballroom, amusement hall or
other place of entertainment, not in excess of 10 weeks in any calendar year
for the same owner or operator, by any leader or musician of a band or
orchestra, commonly called a "name band," entertainer, vaudeville
artist, actor, actress, singer or other entertainer;

���� (N) Services performed after
January 1, 1973 by an individual for a labor union organization, known and
recognized as a union local, as a member of a committee or committees
reimbursed by the union local for time lost from regular employment, or as a
part-time officer of a union local and the remuneration for such services is
less than $1,000.00 in a calendar year;

���� (O) Services performed in the
sale or distribution of merchandise by home-to-home salespersons or in-the-home
demonstrators whose remuneration consists wholly of commissions or commissions
and bonuses;

���� (P) Service performed in the
employ of a foreign government, including service as a consular, nondiplomatic
representative, or other officer or employee;

���� (Q) Service performed in the
employ of an instrumentality wholly owned by a foreign government if (i) the
service is of a character similar to that performed in foreign countries by
employees of the United States Government or of an instrumentality thereof, and
(ii) the division finds that the United States Secretary of State has certified
to the United States Secretary of the Treasury that the foreign government,
with respect to whose instrumentality exemption is claimed, grants an
equivalent exemption with respect to similar services performed in the foreign
country by employees of the United States Government and of instrumentalities
thereof;

���� (R) Service in the employ of
an international organization entitled to enjoy the privileges, exemptions and
immunities under the International Organizations Immunities Act (22 U.S.C.
s.288 et seq.);

���� (S) Service covered by an
election duly approved by an agency charged with the administration of any
other state or federal unemployment compensation or employment security law, in
accordance with an arrangement pursuant to R.S.43:21-21 during the effective
period of such election;

���� (T) Service performed in the
employ of a school, college, or university if such service is performed (i) by
a student enrolled at such school, college, or university on a full-time basis
in an educational program or completing such educational program leading to a
degree at any of the severally recognized levels, or (ii) by the spouse of such
a student, if such spouse is advised at the time such spouse commences to
perform such service that (I) the employment of such spouse to perform such
service is provided under a program to provide financial assistance to such
student by such school, college, or university, and (II) such employment will
not be covered by any program of unemployment insurance;

���� (U) Service performed by an
individual who is enrolled at a nonprofit or public educational institution
which normally maintains a regular faculty and curriculum and normally has a
regularly organized body of students in attendance at the place where its
educational activities are carried on, as a student in a full-time program,
taken for credit at such institution, which combines academic instruction with
work experience, if such service is an integral part of such program, and such
institution has so certified to the employer, except that this subparagraph
shall not apply to service performed in a program established for or on behalf
of an employer or group of employers;

���� (V) Service performed in the
employ of a hospital, if such service is performed by a patient of the
hospital; service performed as a student nurse in the employ of a hospital or a
nurses' training school by an individual who is enrolled and regularly attending
classes in a nurses' training school approved under the laws of this State;

���� (W) Services performed after
the effective date of this amendatory act by agents of mutual benefit
associations if the compensation to such agents for such services is wholly on
a commission basis;

���� (X) Services performed by
operators of motor vehicles weighing 18,000 pounds or more, licensed for
commercial use and used for the highway movement of motor freight, who own
their equipment or who lease or finance the purchase of their equipment through
an entity which is not owned or controlled directly or indirectly by the entity
for which the services were performed and who were compensated by receiving a
percentage of the gross revenue generated by the transportation move or by a
schedule of payment based on the distance and weight of the transportation
move;

���� (Y) (Deleted by amendment,
P.L.2009, c.211.)

���� (Z) Services performed, using
facilities provided by a travel agent, by a person, commonly known as an
outside travel agent, who acts as an independent contractor, is paid on a
commission basis, sets his own work schedule and receives no benefits, sick leave,
vacation or other leave from the travel agent owning the facilities.

���� (AA) Services provided by a
commercial fisherman whose compensation is comprised solely of a percentage of
fish caught or a percentage of the proceeds from the sale of the catch.

���� (8) If one-half or more of the
services in any pay period performed by an individual for an employing unit
constitutes employment, all the services of such individual shall be deemed to
be employment; but if more than one-half of the service in any pay period
performed by an individual for an employing unit does not constitute
employment, then none of the service of such individual shall be deemed to be
employment.� As used in this paragraph, the term "pay period" means a
period of not more than 31 consecutive days for which a payment for service is
ordinarily made by an employing unit to individuals in its employ.

���� (9) Services performed by the
owner of a limousine franchise (franchisee) shall not be deemed to be
employment subject to the "unemployment compensation law,"
R.S.43:21-1 et seq., with regard to the franchisor if:

���� (A) The limousine franchisee
is incorporated;

���� (B) The franchisee is subject
to regulation by the Interstate Commerce Commission;

���� (C) The limousine franchise
exists pursuant to a written franchise arrangement between the franchisee and
the franchisor as defined by section 3 of P.L.1971, c.356 (C.56:10-3); and

���� (D) The franchisee registers
with the Department of Labor and Workforce Development and receives an employer
registration number.

���� (10) Services performed by a
legal transcriber, or certified court reporter certified pursuant to P.L.1940,
c.175 (C.45:15B-1 et seq.), shall not be deemed to be employment subject to the
"unemployment compensation law," R.S.43:21-1 et seq., if those
services are provided to a third party by the transcriber or reporter who is
referred to the third party pursuant to an agreement with another legal
transcriber or legal transcription service, or certified court reporter or
court reporting service, on a freelance basis, compensation for which is based
upon a fee per transcript page, flat attendance fee, or other flat minimum fee,
or combination thereof, set forth in the agreement.

���� For purposes of this paragraph
(10): "legal transcription service" and "legal
transcribing" mean making use, by audio, video or voice recording, of a
verbatim record of court proceedings, depositions, other judicial proceedings,
meetings of boards, agencies, corporations, or other bodies or groups, and
causing that record to be printed in readable form or produced on a computer
screen in readable form; and "legal transcriber" means a person who
engages in "legal transcribing."

���� (j) "Employment
office" means a free public employment office, or branch thereof operated
by this State or maintained as a part of a State-controlled system of public
employment offices.

���� (k) (Deleted by amendment,
P.L.1984, c.24.)

���� (l) "State"
includes, in addition to the states of the United States of America, the
District of Columbia, the Virgin Islands and Puerto Rico.

���� (m) "Unemployment."

���� (1) An individual shall be
deemed "unemployed" for any week during which:

���� (A) The individual is not
engaged in full-time work and with respect to which his remuneration is less
than his weekly benefit rate, including any week during which he is on vacation
without pay; provided such vacation is not the result of the individual's
voluntary action, except that for benefit years commencing on or after July 1,
1984, an officer of a corporation, or a person who has more than a 5% equitable
or debt interest in the corporation, whose claim for benefits is based on wages
with that corporation shall not be deemed to be unemployed in any week during
the individual's term of office or ownership in the corporation; or

���� (B) The individual is eligible
for and receiving a self-employment assistance allowance pursuant to the
requirements of P.L.1995, c.394 (C.43:21-67 et al.).

���� (2) The term
"remuneration" with respect to any individual for benefit years
commencing on or after July 1, 1961, and as used in this subsection, shall
include only that part of the same which in any week exceeds 20% of his weekly
benefit rate (fractional parts of a dollar omitted) or $5.00, whichever is the
larger, and shall not include any moneys paid to an individual by a county
board of elections for work as a board worker on an election day or for work
pursuant to subsection d. of section 1 of P.L.2021, c.40 (C.19:15A-1) during
the early voting period.

���� (3) An individual's week of
unemployment shall be deemed to commence only after the individual has filed a
claim at an unemployment insurance claims office, except as the division may by
regulation otherwise prescribe.

���� (n) "Unemployment
compensation administration fund" means the unemployment compensation
administration fund established by this chapter (R.S.43:21-1 et seq.), from
which administrative expenses under this chapter (R.S.43:21-1 et seq.) shall be
paid.

���� (o) "Wages" means
remuneration paid by employers for employment.� If a worker receives gratuities
regularly in the course of his employment from other than his employer, his
"wages" shall also include the gratuities so received, if reported in
writing to his employer in accordance with regulations of the division, and if
not so reported, his "wages" shall be determined in accordance with
the minimum wage rates prescribed under any labor law or regulation of this
State or of the United States, or the amount of remuneration actually received
by the employee from his employer, whichever is the higher.

���� (p) "Remuneration"
means all compensation for personal services, including commission and bonuses
and the cash value of all compensation in any medium other than cash.

���� (q) "Week" means for
benefit years commencing on or after October 1, 1984, the calendar week ending
at midnight Saturday, or as the division may by regulation prescribe.

���� (r) "Calendar
quarter" means the period of three consecutive calendar months ending
March 31, June 30, September 30, or December 31.

���� (s) "Investment
company" means any company as defined in subsection a. of section 1 of
P.L.1938, c.322 (C.17:16A-1).

���� (t) (1) (Deleted by amendment,
P.L.2001, c.17).

���� (2) "Base week,"
commencing on or after January 1, 1996 and before January 1, 2001, means:

���� (A) Any calendar week during
which the individual earned in employment from an employer remuneration not
less than an amount which is 20% of the Statewide average weekly remuneration
defined in subsection (c) of R.S.43:21-3 which amount shall be adjusted to the
next higher multiple of $1.00 if not already a multiple thereof, except that if
in any calendar week an individual subject to this subparagraph (A) is in
employment with more than one employer, the individual may in that calendar
week establish a base week with respect to each of the employers from whom the
individual earns remuneration equal to not less than the amount defined in this
subparagraph (A) during that week; or

���� (B) If the individual does not
establish in his base year 20 or more base weeks as defined in subparagraph (A)
of this paragraph (2), any calendar week of an individual's base year during
which the individual earned in employment from an employer remuneration not
less than an amount 20 times the minimum wage in effect pursuant to section 5
of P.L.1966, c.113 (C.34:11-56a4) on October 1 of the calendar year preceding
the calendar year in which the benefit year commences, which amount shall be
adjusted to the next higher multiple of $1.00 if not already a multiple
thereof, except that if in any calendar week an individual subject to this
subparagraph (B) is in employment with more than one employer, the individual
may in that calendar week establish a base week with respect to each of the
employers from whom the individual earns remuneration not less than the amount
defined in this subparagraph (B) during that week.

���� (3) "Base week,"
commencing on or after January 1, 2001, means any calendar week during which
the individual earned in employment from an employer remuneration not less than
an amount 20 times the minimum wage in effect pursuant to section 5 of
P.L.1966, c.113 (C.34:11-56a4) on October 1 of the calendar year preceding the
calendar year in which the benefit year commences, which amount shall be
adjusted to the next higher multiple of $1.00 if not already a multiple
thereof, except that if in any calendar week an individual subject to this
paragraph (3) is in employment with more than one employer, the individual may
in that calendar week establish a base week with respect to each of the
employers from whom the individual earns remuneration equal to not less than
the amount defined in this paragraph (3) during that week.

���� (u) "Average weekly
wage" means the amount derived by dividing an individual's total wages
received during his base year base weeks (as defined in subsection (t) of this
section) from that most recent base year employer with whom he has established
at least 20 base weeks, by the number of base weeks in which such wages were
earned.� In the event that such claimant had no employer in his base year with
whom he had established at least 20 base weeks, then such individual's average
weekly wage shall be computed as if all of his base week wages were received
from one employer and as if all his base weeks of employment had been performed
in the employ of one employer.

���� For the purpose of computing
the average weekly wage, the monetary alternative in subparagraph (B) of
paragraph (2) of subsection (e) of R.S.43:21-4 shall only apply in those
instances where the individual did not have at least 20 base weeks in the base year.�
For benefit years commencing on or after July 1, 1986, "average weekly
wage" means the amount derived by dividing an individual's total base year
wages by the number of base weeks worked by the individual during the base
year; provided that for the purpose of computing the average weekly wage, the
maximum number of base weeks used in the divisor shall be 52.

���� (v) "Initial
determination" means, subject to the provisions of R.S.43:21-6(b)(2) and
(3), a determination of benefit rights as measured by an eligible individual's
base year employment with a single employer covering all periods of employment with
that employer during the base year.

���� (w) "Last date of
employment" means the last calendar day in the base year of an individual
on which he performed services in employment for a given employer.

���� (x) "Most recent base
year employer" means that employer with whom the individual most recently,
in point of time, performed service in employment in the base year.

���� (y) (1) "Educational
institution" means any public or other nonprofit institution (including an
institution of higher education):

���� (A) In which participants,
trainees, or students are offered an organized course of study or training
designed to transfer to them knowledge, skills, information, doctrines,
attitudes or abilities from, by or under the guidance of an instructor or
teacher;

���� (B) Which is approved,
licensed or issued a permit to operate as a school by the State Department of
Education or other government agency that is authorized within the State to
approve, license or issue a permit for the operation of a school; and

���� (C) Which offers courses of
study or training which may be academic, technical, trade, or preparation for
gainful employment in a recognized occupation.

���� (2) "Institution of
higher education" means an educational institution which:

���� (A) Admits as regular students
only individuals having a certificate of graduation from a high school, or the
recognized equivalent of such a certificate;

���� (B) Is legally authorized in
this State to provide a program of education beyond high school;

���� (C) Provides an educational
program for which it awards a bachelor's or higher degree, or provides a
program which is acceptable for full credit toward such a degree, a program of
post-graduate or post-doctoral studies, or a program of training to prepare
students for gainful employment in a recognized occupation; and

���� (D) Is a public or other
nonprofit institution.

���� Notwithstanding any of the
foregoing provisions of this subsection, all colleges and universities in this
State are institutions of higher education for purposes of this section.

���� (z) "Hospital" means
an institution which has been licensed, certified or approved under the law of
this State as a hospital.

(cf: P.L.2023, c.262, s.12)

���� 11.� This act shall take
effect immediately.

STATEMENT

���� This bill, the �Farm Labor
Equality Act,� modifies a number of labor laws to provide farmworkers with
rights and protections equal to the rights and protections provided to other
workers, specifically in the areas of child labor, overtime pay, employee representation
and collective bargaining, and unemployment benefits.

Child labor:

���� This bill repeals provisions
of the State child labor law, P.L.1940, c.153 (C.34:2-21.1 et seq.), that
currently exempt minors employed in agriculture from requirements of that law
which apply to most other minors.� The bill:

���� 1.��� raises the minimum age
that minors may work in agriculture from 12 years old to 14 years old;

���� 2.��� reduces the number of
hours per day that a minor may work in agriculture from 10 to 8 hours, and
clarifies that various limits to work time that apply to most minors also apply
to minors employed in agriculture, including not working more than six days, or
40 hours, per week, and not working before 7 a.m. or after 7 p.m,; and

���� The bill does not change the
provisions of P.L.1940, c.153 which exempt from its provisions agricultural
work done by a minor in connection with the minor�s own home under the minor�s
parent or guardian while school is not in session.

Overtime pay:

���� The bill repeals provisions of
the State wage and hour law, P.L.1966, c.113 (C.34:11-56a et seq.), that
currently exclude farmworkers from overtime pay, thus requiring employers to
pay farmworkers 1� times their regular wage for each hour excess of 40 hours
per week, as is currently required for most other workers.

Employee representation and
collective bargaining:

���� Currently, farmworkers are
excluded from the protections against unfair labor practices provided to most
private sector workers by the federal National Labor Relations Act (29 U.S.C.
s.151 et seq.)(�NLRA�), and provided to public employees by the State public
employment relations law, P.L.1968, c.303 (C.34:13A-5.1 et seq.)(�PERL�) and
the Workplace Democracy Enhancement Act, P.L.2018, c.15 (C.34:13A-5.11 et seq.)
(�WDEA�).

���� This bill brings farmworkers
under protections similar to those laws, by expanding the responsibilities of
the Division of Private Employment Dispute Settlement in the Department of
Labor and Workforce Development regarding agricultural employment not regulated
by the NLRA.� It provides the division with the power to prevent specified
unfair labor practices, thus providing rights to the farmworkers similar to the
rights provided to other private sector workers under the NLRA, and the rights
provided to public employees under the PERL and the WDEA.

���� The bill prohibits
agricultural employers and their representatives and agents from the following
unfair practices:

���� 1.��� Interfering with,
restraining, or coercing employees in the exercise of the rights granted by the
bill.

���� 2.��� Dominating or
interfering with any employee organization.

���� 3.��� Discriminating against
employees for making disclosures or otherwise exercising their rights.

���� 4.��� Refusing to negotiate in
good faith or sign a negotiated agreement.

���� 5.��� Violating any division
regulation.

���� The bill similarly prohibits
employee organizations and their representatives and agents from the following
unfair practices:

���� 1.��� Interfering with,
restraining or coercing employees in the exercise of their rights.

���� 2.��� Interfering with,
restraining or coercing an agricultural employer in the selection of a
representative for negotiations or grievance procedures.

���� 3.��� Refusing to negotiate in
good faith or sign a negotiated agreement.

���� 4.��� Violating any division
regulation.

���� The division may order an
offending party to cease any unfair practice and take reasonable remedial
action, including, in the case of a discharge, reinstatement, paying lost
wages, costs of action, and damages equal to the wages due.� It is also an
unfair practice under the bill for an agricultural employer to encourage or
discourage employees from joining, forming or assisting an employee
organization, or encourage them to end their employee organization membership
or revoke authorization of the deduction of dues or fees.� The division is
required to order the employer to make whole the employee organization for any
resulting losses to the organization.

���� Current law, section 5 of
P.L.1968, c.303 (C.34:13A-5.1), permits the New Jersey State Board of Mediation
to designate a labor organization to represent employees of a private sector
employer not regulated under the NLRA, if the employees select the organization
in an election conforming with NLRA procedures, or, if only one labor
organization seeks to represent the employees, a majority of the employees sign
cards showing that they prefer that organization.

���� The bill provides that in such
cases the employee organization may petition the board to require the employer
to provide a list of current employees with contact information.� If the
organization petitions the board for that information, the employer must also
give
the organization access to the employees,
including allowing meetings in the workplace and employer-controlled living
quarters.

���� The
bill provides that once an employee organization is designated as the employee
representative, the employer must give the organization access to the employer�s
premises to investigate and discuss grievances and other issues, conduct
meetings, and meet newly hired employees.

���� The bill gives farmworker
organizations the right to engage in publicity regarding products produced by
an employer with which the organization has a dispute, including publicity
asking the public to not patronize businesses distributing or selling the products.

Unemployment benefits:

���� The bill repeals provisions of
the State "unemployment compensation law," R.S.43:21-1 et seq., that
currently exclude farmworkers from unemployment benefits if their employer
employs less than 10 farmworkers during each of 20 weeks in the preceding year
or pays less than $20,000 in wages to farmworkers during any calendar quarter
in the current or preceding year.� This exclusion applies only to farmworkers,
and may prevent laid-off farmworkers from receiving benefits even if their
combined employment with multiple employers would otherwise make them eligible.