New Jersey Employer Obligations to Maintain and Report Records Poster Mandatory

Chapter 194, Laws of New Jersey, 2009, Relating to	  	
Employer Obligation to Maintain and Report Records	 	
Regarding Wages, Benefits, Taxes and Other Contributions and Assessments Pursuant to State Wage, Benefit and Tax Laws
Wage Payment Law (N.J.S.A. 34:11- 4.1 et seq.) and 	 	Wage and Hour Law (N.J.S.A. 34:11-56a et seq.)
Each employer must keep a record of each employee which contains the following information:
 1.  The name of the employee;
 2.   The address of the employee;
 3.   The bir th date of the employee if the employee is under the age of 18;
 4.  The total hours worked by the employee each day and each workweek;
 5.  The earnings of each employee, including the regular hourly wage, 	gross to net amounts with itemized deductions, and the basis on which wages are paid;	
 6.  Regarding each employee who receives gratuities, the total gratuities 	received by the employee during the payroll week;	
 7.   Regarding each employee who receives gratuities, daily or weekly 	repor ts completed by the employee containing the following information: 	
    (a) the employee’s name, 
   (b) the employee’s address, 
   (c) the employee’s Social Security number, 	
 (d) the name and address of the employer, 
 (e) the calendar day or week covered by the repor t, and 	
    (f) the total amount of gratuities received; and
 8.   Regarding each employee for whom the employer claims credit for food 	or lodging as a cash substitute for the employee who receives food or lodging supplied by the employer, information substantiating the cost of furnishing such food or lodgings, including but not limited to the nature and amount of any expenditures entering into the computation of the fair value of the food or lodging and the date required to compute the amount of the depreciated investment in any assets allocable to the furnishing of the lodgings, including the date of acquisition or construction, the original cost, the rate of depreciation and the total amount of accumulated depreciation on such assets.	
The employer may use any system of time keeping provided that it is a complete, true and accurate record.
The employer must keep the wage and hour records described above for a period of six years.
The employer must keep the wage and hour records described above at the place of employment or in a central of fice in New Jersey.
Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.)
The Prevailing Wage Act applies to employers 	only under cer tain 	circumstances	.	
Specifically, it applies only when an employer enters into a contract in excess of the prevailing wage contract threshold amount for any public work (as the term “public work” is defined at N.J.S.A. 34:11-56.26) to which any public body is a par ty or for public work to be done on a proper ty or premises owned by a public body or leased or to be leased by a public body.
Each public works contractor must submit to the public body or lessor which contracted for the public works project a cer tified payroll record containing the following employee information:
 1.   Name;
 2.   Address;
 3.  Social Security number;
  4.  Craft or trade;
 5.  Actual hourly rate of pay;
 6.  Actual daily, over time and weekly hours worked in each craft or trade;
 7.  Gross pay;
 8.  Itemized deductions;
 9.  Net pay paid to the employee;
 10.  Any fringe benefits paid to approved plans, funds or programs on behalf 	of the employee; and	
 11.  Fringe benefits paid in cash to the employee.
Each public works contractor must, within 10 days of payment of wages, submit the cer tified payroll record to the public body or the lessor which contracted for the public works project.
Each public works contractor which employs one or more apprentices on a public works project must maintain with its records written evidence that the apprentice or apprentices are registered in an approved apprenticeship program while per forming work on the project.
Unemployment Compensation Law (N.J.S.A. 43:21-1 et seq.), 	 	Temporary Disability Benefits Law (N.J.S.A. 43:21-25 et seq.) and 	 	Family Leave Insurance Benefits Law, P.L. 2008, c. 17.
Payroll records	: Each employing unit must maintain a record for each worker 	engaged in employment, which record must contain the following information about the worker:
 1.   Full name, address and Social Security number;
 2.   Total remuneration paid in each pay period showing separately 	cash, including commissions and bonuses; the cash value of all compensation in any medium other than cash; gratuities received regularly in the course of employment if repor ted by the employee, or if not so repor ted, the minimum wage rate prescribed under applicable laws of this State or of the United States, or the amount of remuneration actually received by the employee, whichever is higher, and ser vice charges collected by the employer and distributed to workers in lieu of gratuities and tips;	
 3.   An entr y under the heading “special payments” of the amount of 	any special payments, such as bonuses and gifts, which have been paid during the pay period but which relate to employment in a prior period.  The following shall be shown separately under this heading: cash payments, cash value of other remuneration, the nature of such payments, the period during which the ser vices were per formed for which special payments were payable;	
 4.   The date hired, rehired and returned to work after temporar y layoff;
 5.   The date separated from employment and the reason for separation;
 6.   Such information as may be necessar y to determine remuneration on 	a calendar week basis; and	
 7.   The number of base weeks (as the term “base week” is defined in  	N.J.S.A. 43:21-19(t)) and wages.	
All records referred to in 1. through 7. above must be kept safe and readily accessible at the New Jersey place of business of the employing unit.
All records referred to in 1. through 7. above must be retained for the current calendar year and for the four preceding calendar years.
Once an employer becomes inactive, the employer must keep all records referred to in 1. through 7. above for the subsequent six quar ters.
Wage repor ting:	 Each employer (other than employers of domestic ser vice 	workers) must electronically file a WR-30, “Employer Repor t of Wages Paid,” with the Division of Revenue, within the Depar tment of the Treasur y, within 30 days after the end of each quar ter.  The WR-30 lists the name, Social Security 	
number and wages paid to each employee and the number of base weeks worked by the employee during the calendar quar ter.
Each employer of domestic ser vice workers (as the term “domestic ser vice worker” is defined at N.J.A.C. 12:16 -13.7(b)) must file an annual, rather than quar terly, WR-30 with the Division of Revenue, within the Depar tment of the Treasury.
Contribution reporting:	 Each employer (other than employers of domestic 	ser vice workers) must electronically file an NJ-927, “Employer’s Quar terly Repor t,” with the Division of Revenue, within the Depar tment of the Treasur y, and remit the corresponding unemployment insurance, supplemental workforce fund, workforce development partnership fund, temporary disability insurance and family leave insurance contribution payments, within 30 days after the end of each quar ter.  The NJ-927 lists the total of all wages paid, the wages paid in excess of the taxable maximum, the taxable wages on which contributions are due, the number of workers employed during the pay period, the number of workers insured under a “private plan” for temporar y disability insurance and the number of workers insured under a “private plan” for family leave insurance.
Each employer of domestic ser vice workers (as the term “domestic ser vice worker” is defined in N.J.A.C. 12:16 -13.11(c)) must file an annual, rather than quar terly, NJ-927H, “Domestic Employer’s Annual Repor t,” with the Division of Revenue, within the Depar tment of the Treasur y.
Temporar y Disability Insurance and Family Leave Insurance information	: Each employer must retain all records per taining to any election 	to discontinue a private plan for temporary disability insurance and/or family leave insurance benefits and must make such records available for inspection by the Division of Temporar y Disability Insurance for a one-year period from the date that the private plan is terminated.
Each employer having a private plan for temporar y disability insurance and/or family leave insurance must, within 10 days after the Division of Temporar y Disability Insurance has mailed the employer a request for information with respect to a period of disability, furnish the Division with any information requested or known to the employer which may bear upon the eligibility of the claimant.
Each employer having two or more approved private plans in effect during a calendar half-year or any por tion thereof must, on or before the 30	th day 	following the close of the calendar half-year, file a repor t showing the amount of taxable wages paid during such calendar half-year to employees while covered under each such private plan.
Each employer who provides temporar y disability insurance to its employees through a self-insured private plan must, for the six-month periods ending June 30 and December 31 of each calendar year during which the self-insured private plan is in effect, file a statement with the Division of Temporar y Disability Insurance, on or before the 30	th day following the end of the 	respective six-month period showing:
 1.  The number of claims received during the six-month period,
 2.  The number of claims accepted during the six-month period,
 3.   The amount of benefits paid during the six-month period, and
 4.   Such other information as the Division of Temporar y Disability 	Insurance may require with respect to the financial ability of the self-insurer to meet the self-insured’s obligations under the plan.	
On or before the 30	th day following the close of each calendar year during 	which a self-insured private plan for temporar y disability insurance is in effect, the employer must file a repor t with the Division of Temporar y Disability Insurance showing:
 1.   The amount of funds available at the beginning of that year for payment 	of disability benefits,	
 2.   The amount contributed by workers during that year,
 3.   The amount contributed by the employer during that year,
 4.   The amount of disability benefits paid during that year,
 5.   Direct cost of administration of the plan during that year, and
 6.   The number of employees covered by the plan as of December 31.
Each employer who provides family leave insurance to its employees through a self-insured private plan must for the one-year period ending December 31 of each calendar year during which a self-insured private plan is in effect file a statement with the Division of Temporar y Disability Insurance, on or before the 30	th day following the end of the one-year period showing the following 	information with regard to each of the following types of claims: care of a sick child, care of a sick spouse, care of a sick domestic par tner, care of a sick civil union par tner, care of a sick parent, bonding by biological parent with a newborn child, bonding by domestic par tner or civil union par tner of biological parent with a newborn child, bonding by individual with newly adopted child:
 1.   The number of claims for family leave insurance benefits received 	during the one-year period,	
 2.   The number of claims for family leave insurance benefits accepted 	during the one-year period,	
 3.   The number of workers who received family leave insurance benefits 	during the one-year period,	
 4.   The amount of family leave insurance benefits paid during the one-	year period,	
 5.   The average weekly family leave insurance benefit during the one-year 	period,	
 6.   The amount of sick leave, vacation leave or other fully paid time, which 	resulted in reduced benefit duration during the one-year period,	
 7.   With regard solely to family leave insurance benefit claims to care for 	sick family members, the amount of intermittent family leave insurance benefits paid during the one-year period, and	
 8.   The average duration of family leave insurance benefits, in days, 	during the one-year period.	
The information repor ted in 1. through 8. above must be broken down by sex and by age group, beginning at 25 years and under and increasing in increments of 10.
On or before the 30	th day following the close of each calendar year during 	which a self-insured private plan for family leave insurance is in effect, the employer must file a repor t with the Division of Temporar y Disability Insurance showing:
 1.  The amount of funds available at the beginning of that year for payment 	of family leave insurance benefits,	
  2.  The amount contributed by workers during that year,
 3.   The direct cost of administration of the plan during that year,
 4.   The number of employees covered by the plan as of December 31, and
 5.   Such other information as the Division of Temporar y Disability 	Insurance may require with respect to the financial ability of the self-insurer to meet the self-insured’s obligation under the plan.	
Workers’ Compensation Law (N.J.S.A. 34:15-1 et seq.)
Upon the happening of an accident or the occurrence of any occupational disease, an employer who has insurance coverage or utilizes a third-par ty administrator shall promptly furnish the insurance carrier or the third-par ty administrator with accident or occupational disease information.
Within three weeks after an accident or upon knowledge of the occurrence of an occupational disease, ever y insurance carrier, third-par ty administrator, statutor y non-insured employer, including the State, counties, municipalities and school districts, and duly authorized self-insured employer not utilizing a third-par ty administrator must file a repor t designated as “first notice of accident” in electronic data interchange media with the Division of Workers’ Compensation through the Compensation Rating and Inspection Bureau in a format prescribed by the Compensation Rating and Inspection Bureau.  When filed by an insurance carrier or third-par ty administrator, the repor t must also be sent to the employer.  If the employer disagrees with the repor t, the employer may prepare and sign an amended repor t and file the amended repor t with the insurance carrier or third-par ty administrator.  The amended repor t must then be filed electronically with the Division through the Compensation Rating and Inspection Bureau.
Every insurance carrier providing workers’ compensation insurance and ever y workers’ compensation self-insured employer shall designate a contact person who is responsible for responding to issues concerning medical and temporar y disability benefits where no claim petition has been filed or where a claim petition has not been answered.  The full name, telephone number, mailing address, email address and fax number of the contact person must be submitted to the Division of Workers’ Compensation utilizing the Division’s contact person form in the manner instructed on the form.
Each employer, when directed to do so by the Division of Workers’ Compensation, must submit to the Division of Workers’ Compensation copies of such medical cer tificates and repor ts as it may have on file.
Gross Income Tax Act (N.J.S.A. 54A:1-1 et seq.)
Employer’s Quarterly Report	:  The Employer’s Quar terly Repor t, NJ-927, 	repor ts New Jersey Gross Income Tax withheld, unemployment insurance, supplemental workforce fund, workforce development partnership fund, family leave insurance and temporary disability insurance wage and withholding information.
Each employer is required to electronically file an Employer’s Quar terly Repor t, NJ-927, for each calendar quar ter, regardless of the amount of tax actually due for a par ticular quar ter.  Quar terly repor ts are due on the 30th day of the month following the end of each quar ter.
Employers of “domestic ser vice workers” may repor t and pay New Jersey Gross Income Tax withheld on an annual, rather than quarterly, basis on an NJ-927H.
Records to be kept	: Ever y employer is required to keep all per tinent records 	available for inspection by authorized representatives of the New Jersey Division of Taxation.  Such records must include the following:
 1.   The amounts and dates of all wage payments subject to New Jersey 	Gross Income Tax;	
 2.   The names, addresses and occupations of employees receiving such 	payments;	
 3.   The periods of their employment;
 4.   Their Social Security numbers;
 5.   Their withholding exemption cer tificates;
 6.   The employer’s New Jersey Taxpayer Identification Number;
 7.   Record of weekly, monthly, quar terly remittances and/or returns and 	annual returns filed;	
 8.   The dates and amounts of payments made; and
 9.   Days worked inside and outside of New Jersey for all nonresident 	employees.	
For  possible  failure  to  meet  the  r e c or d   k e e pi ng   or    r e por t i ngr equi r ements   of   the   …	P hone	Emai l	Ma i l	
Wage   Pay ment    Law	New   J ers ey    Depart ment    of    Labor   &   Work f orc e   Dev elopment	Wage   &   Hour   Law	Div is ion   of    Wage   and   Hour   Complianc e	Prev ailing   Wage   Ac t	PO   Box    389      •      Trent on,    NJ    08625-­0389	Unemploy ment    Compens at ion   Law	New   J ers ey    Depart ment    of    Labor   &   Work f orc e   Dev elopment	Temporary    Dis abilit y    Benef it s    Law	609-­292-­2810	emplac c t s @dol. nj. gov	Div is ion   of    Employ er   Ac c ount s	Family    Leav e   I ns uranc e   Benef it s	PO   Box    947      •   Trent on,    NJ    08625-­0947New   J ers ey    Depart ment    of    Labor   &   Work f orc e   Dev elopmentDiv is ion   of    Work ers '   Compens at ionPO   Box    381      •      Trent on,    NJ    08625-­0381	1      	New   J ers ey    Depart ment    of    t he   Treas uryDiv is ion   of    Tax at ion      •      I nf ormat ion   &   Public at ions    Branc hPO   Box    281   •      Trent on,    NJ    08625-­0281	
609-­292-­2305 wagehour@dol. nj. gov
Gross  Income  Tax  Act 609-­292-­[email protected]
Work ers    Compens at ion   Law
609-­292-­2515dwc @dol. nj. gov	
MW- 40 0 (3/18)	
This notice must be conspicuously posted. Not later than December 7, 2011, each employee must also be provided a written copy of the notice or, for employees hired after November 7, 2011, a written copy of the notice must be provided at the time of the employee’s hiring.  See N.J. A.C. 12:2-1.3 for alternate methods of posting and distribution by electronic means.	
New Jersey Department of Labor and Workforce Development