March 2011 Archives

Solid Waste Collection & Transportation Contractor Wage Record Keeping Act

March 21, 2011,

REMINDER:

On July 15, 2009, the New Jersey Legislature passed the Solid Waste Collection & Transportation Contractor Wage Record Keeping Act ("Act"). A "contractor" is any contractor who employs less than 1,000 employees in the State of New Jersey. Thus, any contract between a municipality and a contractor with 1,000 employees or more in the State of New Jersey who provides solid waste or recycling collection or transportation services, is exempt from the reporting requirements of the Act.

The Act requires all contractors, providing solid waste collection and transportation services to any public body pursuant to a contract, to keep accurate records showing the name, the hourly rate of wages paid to, and the actual daily, overtime and weekly hours worked by, each individual providing services under the contract and any other records deemed necessary by the commissioner of labor for the enforcement of wage payments. Such records must be preserved by the public body for 2 years after payment is made to the contractor under the contract. The contractual provisions requiring the keeping of these records must be included in every contract covered by the Act.

The "records" referred to in the Act are certified payrolls similar to the certified payrolls required to be completed by contractors on prevailing wage/public works projects. To comply with the Act, the certified payrolls must include "the name, the actual hourly rate of wages paid to, and the actual daily, overtime and weekly hours worked by each individual engaged in the collection and transportation work done under the contract, in a form satisfactory to the commissioner," and be provided to the public body for each payroll period not more than 10 days after the payment of wages. The Department of Labor has broad investigative powers under the Act including entering a contractor's place of business, taking sworn statements, and collecting other documents related to the wages paid by the contractor under the contract with the public entity.

The public bodies are required to include certain language in all written contracts covered by the Act and the contractors are required to supply the records to the public bodies. If any solid waste companies enter into a contract with any public body or municipality, it must comply with the reporting requirements of the Act and submit the requisite certified payrolls for each worker performing under the contract. If not, the company will face monetary and potentially criminal penalties.

Thus, all contracts entered into by any company for the provision of solid waste and transportation services to any public body, must include contractual language requiring it to keep accurate records showing the name, the hourly rate of wages paid to, and the actual daily, overtime and weekly hours worked by, each individual providing services under the contract and any other records deemed necessary by the commissioner of labor for the enforcement of wage payments, in accordance with the Act.