New Reporting of Employee Statistics With Prevailing Wage Payrolls

Employees at Whiteboard

In 2018, New Jersey enacted the “Diane B. Allen Equal Pay Act, P.L. 2018, c. 9 (Act).” Section 5 of the Act, which is codified at N.J.S.A. 34:11-56.14, imposes a reporting requirement upon each employer who enters into a contract with the State and State instrumentalities to provide services or perform public work. Specifically, N.J.S.A. 34:11-56.14 requires: (1) that employers who enter into contracts with the State to provide qualifying services must report to the Department of Labor the compensation and hours worked by employees categorized by gender, race, ethnicity, and job category; and (2) that employers who enter into contracts with the State to perform public works must provide to the Department, through certified payroll records required under the State Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq., information regarding the gender, race, job title, occupational category, and rate of total compensation for every employee of the employer employed in the State in connection with the contract.

The Department of Labor has proposed regulations would not require covered employers to identify any employee by name. Rather, employers would be required to list the number of employees per job, demographic, hours, and compensation. Subchapter 3 of the proposed regulation sets out the reporting requirement for public work employers. This new regulation would require that for each covered employer on a New Jersey public works project to, on a weekly basis, submit electronically to the Department, using the Payroll Certification for Public Works Projects, all of the information required to be submitted to the public body through certified payroll records under N.J.S.A. 34:11-56.25 et seq., plus Job title; 2. Occupational category;3. Sex (Male, Female, Binary); 4. Race; and 5. Rate of total compensation. A new form Prevailing Wage Certification form is proposed as an appendix to the regulation.

Anyone wishing to submit written comments to the Department of Labor should do so by July 5, 2019.