2021 New Jersey Revised Statutes
Title 34 - Labor and Workmen's Compensation
Section 34:11-56.80 - Authority of commissioner.
34:11-56.80 Authority of commissioner.
4. The commissioner shall have the authority to:
a. investigate and ascertain the wages of longshoremen employed in any waterfront facility in the State;
b. enter and inspect the place of business or employment of any waterfront employer employing longshoremen at any waterfront facility in the State, and question those employees and investigate any facts, conditions or matters which the commissioner deems appropriate to determine whether any person has violated any provision of this act or rule or regulation adopted pursuant to this act or which may aid in the enforcement of the provisions of this act;
c. administer oaths and examine witnesses under oath, issue subpoenas, compel the attendance of witnesses and the production of papers, books, accounts, records, payrolls, documents, and testimony, and take depositions and affidavits in any proceeding before the commissioner;
d. Copy any books, registers, payrolls, and other records as the commissioner deems necessary or appropriate; obtain proof of, and question, any longshoreman's identity to determine whether the longshoreman's identity is accurately and truthfully included or reported in any books, registers, payrolls, and other records of the waterfront employer and question the longshoremen for the purpose of ascertaining whether the provisions of this act have been and are being complied with;
e. obtain from the waterfront employers full and correct statements in writing, including sworn statements, regarding wages, hours, names, addresses, and such other information pertaining to the waterfront employer's longshoremen and their employment as the commissioner deems necessary or appropriate; and
f. require any waterfront employer to file, within 10 days of receipt of a request, any records enumerated in this section, sworn to as to their validity and accuracy. In the case of a public waterfront facility in which a public body has an agreement to make payments to a waterfront employer, if the waterfront employer fails to provide the requested records within 10 days, the commissioner may direct within 15 days the fiscal or financial officer charged with the custody and disbursements of the funds of the public body immediately to withhold from payment to the waterfront employer up to 25 percent of the amount, not to exceed $100,000, to be paid to the waterfront employer under the terms of the agreement. The amount withheld shall be immediately released upon receipt by the public body of a notice from the commissioner indicating that the request for records has been satisfied.
If a person fails to comply with any subpoena lawfully issued, or on the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, it shall be the duty of the Superior Court, on application by the commissioner, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from the court or a refusal to testify in the court.
L. 2021, c.336, s.4.
