[Ord. 6 PSF-B, 7-1-2015]
In this chapter, the following words and phrases shall have
the meanings stated in this Section unless the context otherwise requires:
Shall mean Director of Code Enforcement for the City of Newark
or his/her designee.
Shall mean having been found guilty, liable or responsible
in any judicial or administrative proceeding for unpaid wages in violation
of the New Jersey State Wage and Hour Law (N.J.S.A. 34:11-56a et.
seq.), the New Jersey State Wage Payment Law (N.J.S.A. 34:11-4.1 et
seq.), N.J.S.A. 2C:40A-2, the U.S. Fair Labor Standards Act, or any
other Federal or State law related to the payment of wages or the
collection of debt owed due to unpaid wages. Wage theft shall be understood
as to have a negative effect on public morals and welfare.
[Ord. 6 PSF-B, 7-1-2015]
No license under Title VIII shall be issued or renewed to an
applicant, licensee, or business entity that has committed a wage
theft violation which has not been cured by compliance with the Order
or Decision of the judicial, governmental, or administrative entity
determining the same.
[Ord. 6 PSF-B, 7-1-2015]
No license under Title VIII shall be transferred to or from an applicant, licensee, or business entity that has committed a wage theft violation which has not been cured by compliance with the Order or Decision of the judicial, governmental, or administrative entity determining the same. No license under Title VIII shall be transferred to or from an applicant, licensee, or business entity that has had their license revoked and/or suspended pursuant to Section 8:32-5 of this Article.
[Ord. 6 PSF-B, 7-1-2015]
At the time of application and renewal of all licenses under
Title VIII, all applicants shall declare if the applicant has been
found guilty or liable of wage theft; the dates, location, and nature
of such wage theft; and the ultimate disposition thereof. The City
shall maintain copies of the applications for the purpose of complying
with this Article.
If the City is made aware of allegations of adjudications of
wage theft against applicants or licensees, whether at the time of
an application for a license or after the issuance of the license,
the City may commence an investigation. The designated investigator
shall:
a.
Investigate whether the applicant has committed a wage theft violation
which has not been cured by compliance with the Order or Decision
of the judicial, governmental, or administrative entity determining
the same; and
b.
Whether the applicant has prior wage theft violations of a widespread
or gross nature so as to severely undermine the applicant's character.
If the investigation determines either one or both of these
findings to be true, the application or renewal shall be denied or
an existing license may be revoked; and all cost associated with the
investigation shall be the responsibility of the applicant.
[Ord. 6 PSF-B, 7-1-2015]
The following shall be causes for the suspension or revocation
of all licenses under Title VIII:
a.
A wage theft violation which has not been cured after 90 days by
compliance with the Order or Decision of the judicial, governmental,
or administrative entity determining the same;
b.
Wage theft violation(s) of such a widespread or gross nature so as
to severely undermine the licensee's character. In making the
determination of gross nature, the investigator shall consider any
or all of the following:
1.
Total amount of wages withheld by the employer;
2.
Total number of employees for which the employer failed to pay wages;
3.
Total number of valid complaints filed against the employer, where
the determination is that a violation has occurred, during the current
year and, when applicable, the preceding year.
c.
If an applicant makes false statements or fails to report information as required in Section 8:32-4, the City may seek revocation of any previously issued license or deny the application for a license or renewal. The penalty for violation of Section 8:32-5 of this Article is revocation and/or suspension of license for 90 days.
