Official Site of The State of New Jersey

Prevailing wage rates are generally set for each of the State's twenty-one (21) counties.

A "wage determination" lists the wage and fringe benefit rates for each classification of laborer and craftsman which the Commissioner of Labor and Workforce Development has determined to be prevailing in a given locality. The public body must provide a copy of the wage determination issued for a project at the time of awarding the contract.

Note: the public body's failure to supply rates is not sufficient defense for the contractor's failure to pay prevailing rate.

Yes. The scale of wages must be posted in a prominent and accessible place at the work site or at such places that are used by employers to pay workers their wages.

Contact the Division of Wage and Hour Compliance at (609) 292-2259 or (609) 292-2283.

The Craft Prevailing Wage Rate in effect at the time the contract is awarded applies, but the contractor is responsible to comply with any projected wage rate increases indicated in that wage determination.

The Prevailing Wage Act defines custom fabrication as the fabrication of plumbing, heating, cooling, ventilation and exhaust duct systems, and mechanical insulation that is going to be installed on a public works project.

Yes; the fabrication of plumbing, heating, cooling, ventilation or exhaust duct systems, and mechanical insulation that is to be installed on a public works project is subject to Prevailing Wage, even when the fabrication work is performed at a location other than the public works jobsite. 

The firm must meet the following requirements: 

• Possess a Public Works Contractor Registration Certificate from the Division of Wage and Hour Compliance, obtained by submitting a completed application for registration with a non-refundable fee
• Upon approval from the Division, pay the craft-appropriate Prevailing Wage rate to the workers performing the fabrication work
• Record workers names, work classifications, daily/weekly hours, and rate of pay
• If any workers are classified as “Apprentices” in a certified apprenticeship program:
  • Documentation of enrollment in approved programs is required
  • Proof of cost and coverage if the employer claims credit for fringe benefits provided is required
• Custom fabricators must submit Certified Payrolls to public body like all other public contractors/subcontractors

Refer to the definition of "public work.”

No. See the definition of "public work.”

Yes, such activities would be subject to both the New Jersey Prevailing Wage Act and the Public Works Contractor Registration Act. However, activities such as programming of existing systems, placing, or plugging in of equipment, would not be subject to either Act. 

The classification "Electrician - Teledata" applies to service, maintenance, moves, or changes to wiring and devices for telephone or internet connectivity, and is limited to 15 or fewer drops. It cannot be used for work in any new construction project. Work in new construction, or consisting of more than 15 drops, is classified as "Electrician".

Contractors and subcontractors must: 

• Be registered with the Department of Labor and Workforce Development, pursuant to the Public Works Contractor Registration Act
• Pay prevailing wage rates based upon work classifications actually worked for all actual hours of work
• Post a wage determination in a prominent place where workers have access
• Submit certified payroll records to the public body within 10 days of payday
• Permit on-site inspection and employee interviews by authorized representatives of the Commissioner of Labor and Workforce Development
• Produce payroll-related records to authorized representatives of the Commissioner within 10 days of a request

The Prevailing Wage Rate Determination in effect on the date of the purchase order/contract issued by the public body for whom the work is to be performed would apply.

No, if your firm is strictly a supplier of materials you would not be subject to either the New Jersey Prevailing Wage Act or the Public Works Contractor Registration Act unless your contract calls for installation, whether or not the work is done by your firm or a sub-contractor.

Yes, the Certified Payrolls must be submitted to the public agency awarding the contract or purchase order.

All employers must pay wages to all employees in full at least twice a calendar month.

A "certified payroll record" is a payroll record which is certified by a principal or authorized agent of any business entity employing covered workers on a public project, to be true and accurate.

Such records shall be submitted for each payroll period within ten (10) days of the payment of wages.

Yes. The information required for owner/operators is the same as for employees, with no exceptions.

No. The law requires that all subcontractors and contractors file certified payrolls within 10 days of pay dates with the awarding public body. An original signature certifying the accuracy of the payroll records is required on the payroll filed with the public body.

Yes. You are an employee of the corporation. Therefore, you must report and pay yourself just as you would any other employee.

The highest standard applies, whichever rate is higher must be paid. Both laws must be followed, since prevailing rate is a minimum wage, by paying the higher rate, both laws are satisfied.

An employee may only be paid the apprentice rate if he or she is enrolled in an apprenticeship program that is approved by the United States Department of Labor - Bureau of Apprenticeship and Training. Otherwise, the employee must be paid at least the 'Journeyman' rate.

Yes. Foremen who are performing "hands on" work must be paid prevailing rates of pay in the appropriate classification(s) for the "hands on" work. 

A company may take credit for the actual cost of providing their employees certain fringe benefits, such as: Medical/Hospitalization coverage, Dental coverage, Pension or Retirement plan, Paid Time Off (vacation, holidays, sick days), or Life Insurance. To calculate the cost per hour, divide the annual cost of the benefits by 2,000 hours, for each employee. This amount should be entered in the column labeled "Total Fringe Benefit Cost / Hr." on the Certified Payroll Form, for each employee.

Items such as use of company vehicles or cell phones, lodging reimbursement, or company-provided tools may not be credited towards the Prevailing Wage. Under no circumstances may statutory deductions (Unemployment Insurance, Income Tax, etc.), Workers' Compensation Insurance, or the portion of any fringe benefit that is deducted from the employee's pay, be credited towards the Prevailing Wage.

Yes, there are no exemptions for owner/operators or sole proprietors.

File a wage complaint here.

Workers should keep a record of their hours and save their pay stubs to help verify the amount of wages received. If work is being performed in more than one classification, the worker should identify at what time of the day he or she was doing the various jobs, as well as the total hours worked in each classification.

When a complaint is received, the Department of Labor and Workforce Development will investigate. 

Contractors who violate the provisions of the Prevailing Wage Act are subject to administrative fees and penalties and may be prohibited from engaging in future public works projects. 

Yes.

Yes.

Yes, when picking up materials from the public works project, they are considered a contractor, and therefore are subject to Contractor Registration. The material supplier would also be subject to Contractor Registration, as they too would be considered a contractor, in this situation.

They would be subject to Prevailing Wage when picking up and hauling materials from the jobsite, but not while delivering to the jobsite.

No, material suppliers are exempt from Prevailing Wage/Contractor Registration, unless they are also acting as a contractor.

While hauling materials to a public works site, and while returning to the supplier to pick up another load, the “Truck Driver – Material Delivery Driver” rates apply. While hauling materials from a public works site, and while returning to the site to pick up another load, the “Truck Driver” rates apply. The “Truck Driver” rates also apply when operating on-site. See the next 2 questions for information regarding “blended” rates.

Except in counties for which the Wage Determination shows a “blended rate”, the time would be “split” – while hauling the asphalt to the site, the “Truck Driver – Material Delivery Driver” rate would apply, and while hauling the millings from the site, the “Truck Driver” rates would apply. If there is a blended rate published for the county in which the jobsite is located, the blended rate must be used. 

If shown in the Wage Determination applicable to the county in which the jobsite is located, the blended rate is paid to a truck driver who is performing work on the site (including removal of materials) and also serving as a material delivery driver. This “round robin” must continue for a minimum of 6 hours.

Yes. The removal of the dirt is part of the work included in the public works contract, therefore any trucker removing the dirt is considered a subcontractor.

Yes.

No.

The delivery of items that require set-up or installation is subject to Prevailing Wage / Contractor Registration, if the items are required by the contract. The “Truck Driver” rates would apply to such deliveries.

The rates applicable to the county in which the public works site is located.

The rates applicable to the county in which the public works site is located.

Prevailing Wage would apply from when the driver reached the asphalt plant until when he left the public works site for the last time that day. The initial leg of the trip (to the asphalt plant) and the final leg of the trip (back to the company’s yard) would not be subject to Prevailing Wage (but would be subject to basic Wage and Hour laws).

Yes, Prevailing Wage begins as soon as the driver arrives at the plant.