N.J. Admin. Code § 12:65-1.3
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Act" means 34:20-1 et seq., the Construction Industry Independent Contractor Act.
"Commissioner" means the Commissioner of Labor and Workforce Development or his or her designee.
"Department" means the Department of Labor and Workforce Development.
"Employer" means an individual, partnership, association, joint stock company, trust, corporation, or other legal business entity or successor thereof who is primarily engaged in the business of, or enters into a contract for, making improvements to real property and includes any subcontractor or lower tier contractor.
"Employment relationship" or "employment" means "employment" as that term is defined within 34:20-4 (commonly referred to as "the ABC Test").
"Final order" means either a final administrative determination of the Commissioner issued following adjudication of a matter as a contested case pursuant to the Administrative Procedures Act, 52:14B-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, or where the Department has made a finding regarding a violation of law or rule and/or regarding the levying of a penalty pursuant to law or rule, has notified the violator of same and where the violator has either expressly waived the right to a hearing or has waived the right to a hearing by virtue of having failed to request same within the appropriate time limit established by either law or rule.
"Properly classify" means that with regard to an individual with whom an employer has an employment relationship the employer keeps records, pays wages, benefits, taxes and other contributions required by an employer relative to those with whom the employer has an employment relationship under 34:11-56.2 5 et seq. (the New Jersey Prevailing Wage Act), 43:21-1 et seq. (the Unemployment Compensation Law), 43:21-25 et seq. (the Temporary Disability Benefits Law), 54A:1-1 et seq. (the New Jersey Gross Income Tax Act), and 34:11-4.1 et seq. (New Jersey Wage Payment law), or 34:11-56a et seq. (the New Jersey Wage and Hour Law).
"Violation of the provisions of the Act" means that a final order(s) has been issued by the Commissioner indicating that the employer has failed to properly classify an individual and, with regard to that individual, that the employer has failed to pay wages, benefits, taxes or other contributions required by 34:11-56.2 5 et seq. (the New Jersey Prevailing Wage Act), 43:21-1 et seq. (the Unemployment Compensation Law), 43:21-25 et seq. (the Temporary Disability Benefits Law), 54A:1-1 et seq. (the New Jersey Gross Income Tax Act), and 34:11-4.1 et seq. (New Jersey Wage Payment law), or 34:11-56a et seq. (the New Jersey Wage and Hour Law).
N.J. Admin. Code § 12:65-1.3