N.J. Admin. Code § 8:59-11.3

Current through Register Vol. 56, No. 23, December 2, 2024
Section 8:59-11.3 - Definitions
(a) All of the definitions in 8:59-1.3 shall apply to this subchapter except for the definition of "employer."
(b) For this subchapter and for N.J.A.C. 8:59-1, 3, 5, 8, 9 and 10, "employer" shall also mean any person or corporation, regardless of whether he or she pays employees, in the State, engaged in business operations having the following United States North American Industry Classification System (NAICS) codes, dated and published in 2002 by the Executive Office of the President, Office of Management and Budget, ISBN 0-934213-87-9 (NTIS PB2002-502024), subject to the specified exceptions and limitations:

Subsector CodeExceptions and/or
or Industry CodeDescriptionLimitations
11Agriculture, Forestry,
Fishing and Hunting
111998All Other MiscellaneousLimited to facilities
Crop Farmingthat reduce maple sap to
maple syrup
113310Logging
21Mining
211112Natural Gas LiquidLimited to facilities
Extractionthat recover sulfur from
natural gas
212324Kaolin and Ball ClayLimited to facilities
Miningoperating without a mine
or quarry and that are
primarily engaged in
beneficiating kaolin and
clay
212325Clay and Ceramic andLimited to facilities
Refractory Mineralsoperating without a mine
Miningor quarry and that are
primarily engaged in
beneficiating clay,
ceramic and refractory
minerals
212393Other Chemical andLimited to facilities
Fertilizer Mineraloperating without a mine
Miningor quarry and that are
primarily engaged in
beneficiating chemical or
fertilizer mineral raw
materials
212399All Other NonmetallicLimited to facilities
Mineral Miningoperating without a mine
or quarry and that are
primarily engaged in
beneficiating nonmetallic
minerals
22Utilities
22Utilities
31-33Manufacturing
31-33ManufacturingExcept facilities engaged
in wholesale distribution
of:
Piece goods, notions and
other dry goods
(broadwoven converters,
piece goods converters);
Meat and meat products
(boxed beef); and
Groceries and related
products, not elsewhere
classified (processed
bottled water
manufacturing);
and except:
Candy, nut and
confectionery stores
(chocolate candy stores
preparing on premises,
nonchocolate candy
stores, preparing on
premises);
Retail bakeries (bread,
cake and related products
baked and sold on
premises);
Miscellaneous apparel and
accessory stores (custom
tailors, custom
dressmakers);
Furniture stores (custom
wood cabinets, custom
made upholstered
household furniture,
custom made
nonupholstered wood
household furniture);
Drapery, curtain and
upholstery stores (custom
drapes, custom
slipcovers);
Miscellaneous home
furnishing stores
(manufacturing and
selling pottery on site);
Optical goods stores
(optical laboratories
grinding lenses to
prescription); and
Miscellaneous retail
stores (manufacture of
orthopedic devices to
prescription in a retail
environment); and except
facilities engaged in the
following services:
Photocopying and
duplicating services
(quick printing);
Business services
(embroidery of
advertising on shirts and
rug binding for the
trade, aerosol packaging,
solvent recovery service
contract, tobacco
sheeting service,
sponging, shrinking,
etc., fabric for tailors
and dressmakers, batik
work);
Armature rewinding stores
(remanufacturing);
Services allied to motion
picture production
(reproduction of video);
and
Dental laboratories
42Wholesale Trade
423830Industrial MachineryExcept facilities engaged
and Equipmentin sales of industrial
Merchant Wholesalersmachinery and equipment
(merchant wholesalers)
423840Industrial Supplies
Merchant Wholesalers
423850Service Establishment
Equipment and Supplies
Merchant Wholesalers
423930Recyclable Material
Merchant Wholesalers
4242Drugs and Druggists'
Sundries Merchant
Wholesalers
424310Piece Goods, NotionsLimited to merchant
and Other Dry Goodswholesalers of yarn,
Merchant Wholesalersexcept industrial
424340Footwear MerchantLimited to merchant
Wholesalerswholesalers of footwear
cutstock
4246Chemical and Allied
Products Merchant
Wholesalers
4247Petroleum and Petroleum
Merchant Wholesalers
424810Beer and Ale Merchant
Wholesalers
424820Wine and Distilled
Alcoholic Beverage
Merchant Wholesalers
4249Miscellaneous Nondurable
Goods Merchant
Wholesalers
425110Business to BusinessLimited to facilities
Electronic Marketsengaged in the wholesale
distribution of the
following:
Industrial supplies
(business to business
electronic markets);
Service establishments
equipment and supplies
(business to business
electronic markets);
Scrap and waste metals
(business to business
electronic markets);
Drugs, drug prop-
rietaries, and druggists'
sundries (business to
business electronic mar-
kets); Plastic materials
and basic forms sundries
(business to business
electronic markets);
Chemical and allied
products, not otherwise
classified (business to
business electronic
markets);
Petroleum and petroleum
products wholesalers,
except bulk stations and
terminals (business to
business electronic
markets);
Beer, wine and distilled
alcoholic beverages
(business to business
electronic markets);
Farm supplies (business
to business electronic
markets);
Books, periodicals and
newspapers (business to
business electronic
markets);
Flowers, nursery stock
and florists' supplies
(business to business
electronic markets);
Tobacco and tobacco
products (business to
business electronic
markets);
Paints, varnishes and
supplies (business to
business electronic
markets); and
Nondurable goods, not
elsewhere classified
(business to business
electronic markets)
425120Wholesale Trade AgentsLimited to facilities
and Brokersengaged in wholesale
distribution of the
following:
Industrial supplies, not
elsewhere classified
(agents and brokers);
Service establishments
equipment and supplies
(agents and brokers);
Scrap and waste metals
(agents and brokers);
Drugs, drug prop-
rietaries, and druggists'
sundries (agents and
brokers); Plastic mater-
ials and basic forms and
shapes (agents and
brokers); Chemical and
allied products, not
otherwise classified
(agents and brokers);
Petroleum and petroleum
products wholesalers,
except bulk stations and
terminals (agents and
brokers);
Beer, wine and distilled
alcoholic beverages
(agents and brokers);
Farm supplies (agents and
brokers);
Books, periodicals and
newspapers (agents and
brokers);
Flowers, nursery stock
and florists' supplies
(agents and brokers);
Tobacco and tobacco
products (agents and
brokers);
Paints, varnishes and
supplies (agents and
brokers); and
Nondurable goods, not
elsewhere classified
(agents and brokers)
44-45Retail Trade
441110New Car Dealers
441120Used Car Dealers
444220Nurseries, Garden CenterLimited to wholesale
and Farm Supply Storesfacilities engaged in
sales of the following:
Farm supplies (lawn and
garden supplies sold via
retail method); and
Flowers, nursery stock
and florists' supplies
(sold via retail method)
445310Beer, Wine and LiquorLimited to wholesale
Storesfacilities engaged in
sales of beer, wine and
distilled alcoholic
beverages via retail
method
446110Pharmacies and DrugLimited to wholesale
Storesfacilities engaged in
sales of drugs, drug
proprietaries, and
druggists' sundries
(drugs and sundries sold
via retail method)
446120Cosmetics, BeautyLimited to wholesale
Supplies and Perfumefacilities engaged in
Storesretail sales of cosmetics
and perfumes
446191Food (Health) SupplementLimited to wholesale
Storesfacilities engaged in
retail sales of food
supplements
4471Gasoline StationsExcept convenience stores
with gas
451211Book StoresLimited to wholesale
facilities engaged in
sales of books,
periodicals and
newspapers (sold via
retail method)
453220Gift, Novelty, andLimited to wholesale
Souvenir Storesfacilities engaged in
sales of curios,
statuary, gifts,
novelties, and souvenirs
(sold via retail method)
453910Pet and Pet SuppliesLimited to wholesale
Storesfacilities engaged in
sales of pets, pet
supplies and tropical
fish (sold via retail
method)
453991Tobacco StoresLimited to wholesale
facilities engaged in
sales of tobacco and
tobacco products (sold
via retail method); and
Smokers' supplies (sold
via retail method)
453998All Other MiscellaneousLimited to wholesale
Store Retailers (exceptfacilities engaged in
Tobacco Stores)sales of industrial
supplies (sold via retail
method), and plastic
materials and basic forms
and shapes (sold via
retail method)
454311Heating Oil DealersLimited to petroleum bulk
stations and terminals
engaged in the
distribution of heating
oil sold to final consumer
454312Liquid Petroleum GasLimited to petroleum bulk
(Bottled Gas) Dealersstations and terminals
engaged in distribution
of liquid petroleum gas
sold to final consumer
48-49Transportation and
Warehousing
4811Scheduled Air
Transportation
486Pipeline Transportation
Industry
487110Scenic and SightseeingLimited to facilities
Transportation, Landengaged in horse-drawn
cabs and carriages
services
488111Air Traffic Control
488119Other Airport OperationsExcept facilities engaged
in flying fields operated
by aviation clubs
488190Other Support ActivitiesLimited to facilities
for Air Transportationengaged in aircraft
servicing and repairing
488210Support Activities forExcept facilities engaged
Rail Transportationin railroad switching and
terminal establishments
(all but short line
railroads)
488390Other Support ActivitiesExcept facilities engaged
for Water Transportationin water transportation
services (all but
lighthouse operations,
piloting vessels in and
out of harbors, boat and
ship rental, marine
salvage, lighterage,
marine surveyor services,
and canal operations); and
Repair shops and related
services engaged in ship
scaling
488490Other Support ActivitiesExcept terminal and
for Road Transportationservice facilities for
motor vehicle passenger
transportation;
Terminal and joint
terminal maintenance
facilities for motor
freight transportation;
Arrangement of passenger
services (arrangement of
carpools and vanpools);
and
Driving services, for
example, auto or truck
delivery and pilot car
services
488510Freight Transportation
Arrangement
488991Packing and Crating
488999All Other SupportLimited to pipeline
Activities forterminals and stockyards
Transportation
492110CouriersLimited to air courier
services
51Information
51111Newspaper Publishers
51112Periodical Publishers
51113Book Publishers
51114Directory and MailingExcept direct mail
List Publishersadvertising services
(mailing list compilers)
511191Greeting Card Publishers
511199All Other Publishers
512220Integrated Record
Production/Distribution
512230Music PublishersExcept facilities
primarily engaged in
music copyright
authorizing use, music
copyright buying and
licensing, and music
publishers working on
their own account
517110Wired TelecommunicationExcept cable and
Carriersother program distribution,
and broadband Internet
service providers
(forexample, cable, DSL)
517210WirelessExcept facilities engaged
Telecommunicationsas ship to shore
Carriers(exceptbroadcasting carriers
Satellite)
517911Telecommunication
Resellers
519130Internet Publishing andExcept facilities engaged
Broadcasting and Webin web search portals,
Search Portalsinternet broadcasting,
special interest web sites,
entertainment sites and
interactive game sites.
53Real Estate and Rental
and Leasing
532411Commercial Air, Rail, andLimited to facilities
Water Transportationengaged in rental of
Equipment Rental andrailroad cars
Leasing
54Professional, Scientific
and Technical Services
541380Testing Laboratories
541614Process, PhysicalExcept facilities engaged
Distribution, andin management consulting
Logistics Consultingservices (manufacturing
Servicesmanagement, physical
distribution, and site
location consulting)
541712Research and DevelopmentExcept facilities engaged
in the Physical,in commercial physical
Engineering and Lifeand biological research;
Sciencesand
(Except Biotechnology)Noncommercial research
organizations (physical
engineering and life
sciences)
541890Other Services Related toExcept facilities engaged
Advertisingin sign painting and
lettering, showcard
painting, mannequin
decorating service and
other advertising related
business services
541940Veterinary ServicesLimited to facilities
engaged as veterinary
testing laboratories
56Administrative and
Support and Waste
Management and
Remediation Services
5617Services to Buildings andExcept facilities engaged
Dwellingsin:
Ornamental shrub and tree
services;
Power washing building
exteriors, not associated
with construction;
Disinfecting and pest
control services
(exterminating and pest
control);
Building cleaning and
maintenance services
(janitorial services, and
services to building and
dwellings except
janitorial services);
Swimming pool cleaning
and maintenance; and
Furnace, duct, gutter,
and drain cleaning
services
56221Hazardous Waste Treatment
and Disposal
562910Remediation ServicesExcept facilities engaged
in asbestos abatement and
lead paint removal
contractors
562920Materials Recovery
Facilities
562998All Other MiscellaneousExcept facilities engaged
Waste Management Servicesin sewer cleaning and
rodding
61Educational Services
611110Elementary and Secondary
Schools
611210Junior Colleges
611310Colleges, Universities
and Professional Schools
611512Flight TrainingExcept schools and
educational services
(flying instruction)
611513Apprenticeship Training
611519Other Technical and TradeLimited to facilities
Schoolsengaged as vocational
schools (except aviation
and flight training and
apprenticeship training)
62Health Care and Social
Assistance
622Hospitals
72Accommodation and Food
Services
722310Food Service ContractorsLimited to facilities
engaged in dining car
operations on a fee or
contract basis
81Other Services (except
Public Administration)
81111Automotive, Mechanical
and Electrical Repair and
Maintenance
811121Automotive Body, Paint
and Interior Repair and
Maintenance and Glass
Repair
811122Automotive GlassExcept facilities engaged
Replacement Shopsin automotive window
tinting
811198All Other AutomotiveExcept automotive services
Repair and Maintenance
8113Commercial and IndustrialLimited to facilities
Machinery and Equipmentengaged in welding repair
(except Automotive and
Electronic) Repair and
Maintenance
811420Reupholstery andLimited to facilities
Furniture Repairengaged in aircraft
upholstery repair
811490Other Personal andLimited to facilities
Household Goods Repairengaged in pleasure boat
and Maintenancerepair
812320Drycleaning and LaundryLimited to facilities
Services (exceptengaged as drycleaning
Coin-operated)plants, except rug
cleaning
812332Industrial Launderers

(c) In the event that the Executive Office of the President, Office of Management and Budget, publishes new or revised North American Industry Classification System (NAICS) codes modifying the 2002 list of NAICS codes on which the definition of "employer" in (b) above is based, the Department shall modify the NAICS codes in the definition as necessary to ensure that, as required by P.L. 2003, c. 157, the generally equivalent universe of employers continues to be regulated under this chapter. Specifically, the Department shall provide limitations and/or exceptions to the NAICS codes as required to maintain the regulated universe as of August 15, 2003. The Department shall publish in the New Jersey Register a notice of the new or revised NAICS code(s) and the corresponding administrative change(s) to the definition.

N.J. Admin. Code § 8:59-11.3

Amended by R.1993 d.384, effective 8/2/1993.
See: 25 N.J.R. 864(a), 25 N.J.R. 3543(a).
Amended by R.1994 d.535, effective 11/7/1994.
See: 26 N.J.R. 2888(a), 26 N.J.R. 4380(b).
Amended by R.2005 d.122, effective 4/18/2005.
See: 36 N.J.R. 4912(a), 37 N.J.R. 1178(a).
Rewrote (b); added (c).
Amended by R.2008 d.51, effective 3/3/2008.
See: 39 N.J.R. 2792(a), 40 N.J.R. 1122(a).
In the introductory paragraph of (b), inserted "or she"; in the table following (b), added entries for "488510", "488991", "488999" and "517211".
Administrative change.
See: 42 N.J.R. 1731(a).