Statutes, codes, and regulations
New Jersey Administrative Code
Title 8 - HEALTHChapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES
Subchapter 8 - MANDATORY OVERTIME
Section 8:43E-8.7 - Enforcement and administrative penalties

N.J. Admin. Code § 8:43E-8.7

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Current through Register Vol. 56, No. 21, November 4, 2024
Section 8:43E-8.7 - Enforcement and administrative penalties
(a) If the Commissioner of Labor determines that a facility has violated provisions of this subchapter, the Commissioner of Labor may issue sanctions in accordance with the wage and hour regulations contained at N.J.A.C. 12:56.
(b) In cases where the State agency that licenses the facility and/or Department of Labor requests additional information from a facility concerning mandatory overtime usage, the facility shall comply with this request within 10 working days. The State agency that requested the information from the facility may, at its discretion, grant an extension to this time frame if the facility can demonstrate good cause. Failure to provide these records shall result in the issuance of administrative penalties in accordance with 12:56-1.2 and 8:43E-3.4(a)13.
(c) If the State agency that licenses a facility subject to this chapter determines through a survey or complaint investigation that the facility exhibits a pattern or practice of noncompliance with 8:43E-8.5, that State agency shall notify the Department of Labor of the violation. The Department of Labor may also share with State agencies that license facilities subject to this chapter any information it develops on Statewide and facility-specific trends, such as number of mandatory overtime complaints filed; the number of complaints found to be valid; the number of enforcement actions appealed; and the number of enforcement actions upheld.
(d) In the event a facility licensed by the Department fails to develop and implement the required recordkeeping in accordance with 8:43E-8.6 and the required policies and procedures in accordance with this section, the Department shall take enforcement action in accordance with the provisions of 8:43E-3.4(a)13.
(e) Nothing in this subchapter shall be construed to relieve a facility of its obligation to comply with State licensure standards pertaining to minimum employee staffing levels.

N.J. Admin. Code § 8:43E-8.7