STATE OF NEW JERSEY. ASSEMBLY RESOLUTION No th LEGISLATURE

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1 ASSEMBLY RESOLUTION No. STATE OF NEW JERSEY th LEGISLATURE INTRODUCED DECEMBER, 0 Sponsored by: Assemblyman GARY S. SCHAER District (Bergen and Passaic) Assemblyman ERIC HOUGHTALING District (Monmouth) Assemblyman TROY SINGLETON District (Burlington) Assemblyman DANIEL R. BENSON District (Mercer and Middlesex) Assemblyman PARKER SPACE District (Morris, Sussex and Warren) Co-Sponsored by: Assemblywomen Downey and Lampitt SYNOPSIS Urges Governor to allocate $0,000 of funding appropriated for Workplace Standards Salaries and Wages in FY0 annual appropriations act for additional prevailing wage enforcement. CURRENT VERSION OF TEXT As introduced. (Sponsorship Updated As Of: /0/0)

2 AR SCHAER, HOUGHTALING AN ASSEMBLY RESOLUTION urging the Governor to allocate $0,000 of the funding appropriated for Workplace Standards Salaries and Wages in the FY0 annual appropriations act for additional prevailing wage enforcement staff in the Division of Wage and Hour Compliance in the Department of Labor and Workforce Development. WHEREAS, The Division of Wage and Hour Compliance (WHC) in the Department of Labor and Workforce Development enforces labor laws that address conditions of employment and the payment of wages, including the New Jersey State Wage and Hour Law, The Public Works Contractor Registration Act, and the New Jersey Prevailing Wage Act ; and WHEREAS, Field representatives within WHC are on the front lines of enforcement, inspecting workplaces, interviewing workers, obtaining records, and examining the facts of wage complaints to ensure that workers and employers are protected according to the laws of the State; and WHEREAS, Through their detailed investigations, field representatives also assess additional wages due to employees, along with fees and penalties due to the State; and WHEREAS, Despite their essential role in fulfilling the responsibilities of WHC, the number of field representatives has steadily been reduced over the last decade; and WHEREAS, Such staffing downturns affect all aspects of WHC; however, heightened concern exists in regard to the enforcement of the New Jersey Prevailing Wage Act, which establishes fair pay rates for workers engaged in State public work projects, as this law not only protects workers and their employers from the effects of wage competition, but also safeguards the public s interest in the expenditure of government tax dollars; and WHEREAS, From fiscal year 00 to fiscal year 0, field representatives assigned to the enforcement of the New Jersey Prevailing Wage Act have decreased by a total of staff members, or by 0 percent, coinciding with approximately,00 fewer inspections;,000 fewer cases; and $0,000 less in collected penalties in fiscal year 0 alone; and WHEREAS, This data indicates that the staffing levels of field representatives directly influence the effectiveness and efficiency of WHC to monitor compliance and enforce the provisions of the State s prevailing wage law; and WHEREAS, The last decade has also seen a drop in State funding for the department s budget line-item Workplace Standards Salaries and Wages, which includes the funding of WHC field representatives; and WHEREAS, Comparing fiscal year 00 to fiscal year 0 funding, approximately $00,000 less is appropriated for Workplace Standards Salaries and Wages, likely triggering the gradual attrition

3 AR SCHAER, HOUGHTALING of WHC field representatives, including those assigned to the enforcement of the State s prevailing wage law, over the same time period; and WHEREAS, This trend of declining funding, staffing levels, and productivity for WHC has significant implications for the State s ability to properly monitor and enforce the New Jersey Prevailing Wage Act ; and WHEREAS, In the bill which became the FY0 annual appropriations act, the Legislature addressed this issue and included budget language to allot $0,000 of the appropriated funds for Workplace Standards Salaries and Wages for the costs of additional prevailing wage enforcement staff; however, the Governor line item vetoed this language; and WHEREAS, It is altogether fitting and proper and in the best interests of the citizens of this State for this House to respectfully urge the Governor to reconsider his position and to allocate the funds described in the FY0 budget language in order to ensure that the protections provided to workers and employers under the New Jersey Prevailing Wage Act, as well as the interests of the State s taxpayers, are more effectively upheld; now, therefore, BE IT RESOLVED by the General Assembly of the State of New Jersey:. This House respectfully urges the Governor of New Jersey to allocate $0,000 of the funding appropriated for Workplace Standards Salaries and Wages in the FY0 annual appropriations act, P.L.0,c.0 for additional prevailing wage enforcement staff in the Division of Wage and Hour Compliance in order to ensure that the protections provided to the State s workers and employers under the New Jersey Prevailing Wage Act are effectively and efficiently enforced and that the public s interest in the proper expenditure of government tax dollars for public works projects is safeguarded.. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the Governor of the State of New Jersey, the Commissioner of Labor and Workforce Development, Assistant Commissioner of Labor Standards and Safety Enforcement, and Director of the Division of Wage and Hour Compliance. STATEMENT This Assembly resolution respectfully urges the Governor of New Jersey to allocate $0,000 of the funding appropriated for Workplace Standards Salaries and Wages in the FY annual

4 AR SCHAER, HOUGHTALING appropriations act for additional prevailing wage enforcement staff in the Division of Wage and Hour Compliance (WHC) in the Department of Labor and Workforce Development. WHC enforces labor laws that address conditions of employment and the payment of wages, including the New Jersey State Wage and Hour Law, The Public Works Contractor Registration Act, and the New Jersey Prevailing Wage Act. Field representatives within WHC are on the front lines of enforcement, inspecting workplaces, interviewing workers, obtaining records, and examining the facts of wage complaints to ensure that workers and employers are protected according to the laws of the State. Through their detailed investigations, field representatives also assess additional wages due to employees, along with fees and penalties due to the State. Despite their essential role in fulfilling the responsibilities of WHC, the number of field representatives has steadily been reduced over the last decade. Such staffing downturns affect all aspects of WHC; however, heightened concern exists in regard to the enforcement of the New Jersey Prevailing Wage Act. This law, which establishes fair pay rates for workers engaged in State public work projects, not only protects workers and their employers from the effects of wage competition, but also safeguards the public s interest in the expenditure of government tax dollars. From fiscal year 00 to fiscal year 0, field representatives assigned to the enforcement of the New Jersey Prevailing Wage Act have decreased by a total of staff members, or by 0 percent, coinciding with approximately,00 fewer inspections;,000 fewer cases; and $0,000 less in collected penalties in fiscal year 0 alone. This data indicates that the staffing levels of field representatives directly influence the effectiveness and efficiency of WHC to monitor compliance and enforce the provisions of the State s prevailing wage laws. The last decade has also seen a drop in State funding for the department s budget line-item Workplace Standards Salaries and Wages, which includes the funding of WHC field representatives. Comparing fiscal year 00 to fiscal year 0 funding, approximately $00,000 less is appropriated for Workplace Standards Salaries and Wages, likely triggering the gradual attrition of WHC field representatives, including those assigned to the enforcement of the State s prevailing wage law, over the same time period. This trend of declining funding, staffing levels, and productivity for WHC has significant implications on the State s ability to properly monitor and enforce the New Jersey Prevailing Wage Act. In the bill which became the FY0 annual appropriations act, the Legislature addressed this issue and included budget language to allot $0,000 of the appropriated funds for Workplace Standards Salaries and Wages for the costs of additional prevailing wage enforcement staff. The Governor, however, line item vetoed this language. Therefore, this resolution respectfully urges the Governor to reconsider his position and to allocate the funds described in the

5 AR SCHAER, HOUGHTALING FY0 budget language in order to ensure that the protections provided to workers and employers under the New Jersey Prevailing Wage Act, as well as the interests of the State s taxpayers, are more effectively upheld.