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The Apparel Industry Unit is responsible for the enforcement of State labor laws (the Apparel Industry Registration Act, the Wage and Hour Law, the Wage Payment Law, the Child Labor Law and the Industrial Homework Law) affecting the employment of production employees in the apparel industry.

A Special Task Force on the Apparel Industry is charged with ensuring compliance with State wage and hour, unemployment compensation, temporary disability, workers’ compensation, and industrial homework laws.

• To inspect manufacturers and contractors, with respect to their production employees, for compliance with the registration requirements of the Apparel Industry Registration Act;
• To inspect manufacturers and contractors, with respect to their production employees, for compliance with other labor and payroll tax laws of the State of New Jersey that affect the employment of production employees; and
• To ensure, with respect to their production employees, compliance by manufacturers and contractors with the orders of, and assessments of civil penalties by the Commissioner of Labor and Workforce Development pursuant to the Apparel Industry Registration Act and other labor laws of the State applicable to the employment of production employees.

• To investigate and conduct inspections at locations where an apparel industry manufacturer or contractor is operating to ensure compliance with the Apparel Industry Registration Act;
• To inspect books, records and premises of manufacturers and contractors, with respect to their production employees, to determine compliance with the State’s labor laws, including but not limited to, laws concerning wages, overtime compensation, unemployment compensation and temporary disability insurance, workers’ compensation coverage, child labor and industrial home work laws, and if the apparel industry unit determines that a manufacturer or contractor has violated a provision of any of those laws with respect to its production employees, to assess and collect any administrative penalty authorized by law.

The following acts constitute violations:

• Failure to comply with the registration requirements;
• Performing services or representing oneself as being registered to perform apparel industry service without holding a valid registration;
• Contracting for the performance of an apparel industry service with a manufacturer or contractor who is known to have failed to register or renew its registration, or whose registration has been revoked; and
• Failure to comply, for the second time in three years, with an order of the Commissioner of Labor and Workforce Development concerning registration compliance.

The following civil penalties may be imposed for committing the above violations:

• A fine of not less than $1,000 nor more than $2,000 for an initial violation;
• A fine of not less than $2,000 nor more than $4,000 for each subsequent violation.

An intentional failure to comply with the registration requirements shall be a crime of the 4th degree.

If a manufacturer or contractor fails to comply with an order by the Commissioner to register or renew registration, the Commissioner may obtain an injunction prohibiting the manufacturer or contractor from conducting business.

If a manufacturer or contractor is found guilty of two violations of the same provision of subchapter 12:210-1.5 in three years, the Commissioner may suspend the registration of any such manufacturer or contractor for a period ranging from 30 days to one year.

Any manufacturer or contractor who contracts, for the second time in three years, with a manufacturer or contractor who is known to have failed to comply with the registration requirements, shall be liable to pay any civil penalty assessed against the known violator, if such violator has not paid the penalty.

As an alternative or in addition to any other sanctions provided for in N.J.S.A 34:6-149(e) when the Commissioner of Labor and Workforce Development finds that an employer has violated the Act, he/she is authorized to assess and collect an administrative penalty in the following amounts:

• First violation: not less than $250 nor more than $500;
• Second and subsequent violations: not less than $500 nor more than $1,000.

In addition to any penalty which may be assessed against an individual who is in violation, the Commissioner may order the Apparel Industry Unit to confiscate any partially or completely assembled articles of apparel and any equipment used in the assembly of apparel from any manufacturer or contractor who has been found to be in violation of two or more separate violations of the Apparel Industry Registration Act. 

Law abstract, outlining registration, powers of the Apparel Industry, violations, penalties and procedures, confiscation, public listings, and record requirements:

• English Version
• Spanish Version