[HISTORY:[1] Adopted by the Mayor and Council of the City of Hoboken 3-17-2021 by Ord. No. B-340. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 23, Elections, which consisted of Art. I, Date of Municipal Elections, adopted 7-20-2011 by Ord. No. Z-122, was repealed 9-13-2011 by Ord. No. Z-129.
For the purposes of this chapter, the following words and phrases are to be interpreted as follows:
BENEFITS
Shall not include workers' compensation or other legally mandated insurance; nor shall it include the value of any benefit for which an employee is eligible, but for which no payment is actually made by a contractor to the employee or to any other party on the employee's behalf because the employee either does not actually utilize or does not elect to receive the benefit for any reason.
BUILDING SERVICE WORK
Work performed in connection with the care or maintenance of a building or property, and includes but is not limited to work performed by a security guard such as an armed or unarmed watchperson or armed or unarmed guard; a front desk worker such as a doorperson, health facility attendant, or concierge; a janitor, such as a building cleaner, porter, or housekeeper; a maintenance employee such as a handyperson; building superintendent; grounds maintenance workers such as a gardener or groundskeeper; a stationary fireman; elevator operator and starter; or window cleaner.
COVERED DEVELOPMENT PROJECT
Any project receiving economic development financial assistance or a tax abatement pursuant to the Long Term Tax Exemption Law, N.J.S.A. 40A:20-1 et seq., or the Five-Year Exemption and Abatement Law, N.J.S.A. 40A:21-1 et seq., from the City or private business entity leasing any City property.
COVERED EMPLOYEE
An employee performing building service work.
ECONOMIC DEVELOPMENT FINANCIAL ASSISTANCE
Assistance with an anticipated total value of at least $1,000,000 that is provided in whole or in part by the City to a business organization for the improvement or development of real property, economic development, job retention and growth, or other similar purposes. Financial assistance includes, but is not limited to, cash payments or grants, bond financing, tax exemptions tax increment financing, filing fee waivers, energy cost reductions, environmental remediation costs, write-downs in the market value of building, land, or leases, or the cost of capital improvements related to real property that, under ordinary circumstances, the City would not pay for. Where assistance takes the form of loans or bond financing, the value of the assistance shall be determined based on the difference between the financing cost to a borrower and the cost to a similar borrower that does not receive financial assistance from a City economic development entity.
STANDARD BENEFITS
An hourly supplement furnished by a contractor to an employee in one of the following ways: 1) in the form of health and other benefits that cost the employer the entire required hourly supplemental amount; 2) by providing a portion of the required hourly supplement in the form of health and other benefits and the balance in cash; or 3) by providing the entire supplement in cash. The required hourly supplemental rate shall be equal to the monetary value of the benefits provided by the collective bargaining agreement covering the largest number of hourly, nonsupervisory employees employed within Hudson County in the relevant classification, provided the collective bargaining agreement covers no less than 200 employees in the classification. If there is no such collective bargaining agreement, "standard benefits" shall be the hourly rate established for health and welfare benefits by the Federal Department of Labor for the Guard II classification in the area wage determination applicable to work performed within the County of Hudson under Federal Service Contract Act (41 U.S.C. § 351 et seq.[1]).
STANDARD COMPENSATION
Shall include i) the standard hourly rate of pay, ii) standard paid leave and iii) standard benefits.
STANDARD HOURLY RATE OF PAY
The greatest of the following: 1) the greater of 125% of the state or federal minimum wage; 2) the hourly rate of pay for work performed within the City of Hoboken under the collective bargaining agreement covering the largest number of hourly nonsupervisory employees employed within Hudson County in the relevant classification, provided the collective bargaining agreement covers no less than 200 employees in the classification; or 3) the hourly rate paid to workers in the relevant classification under a preceding qualified contract, whichever is higher.
STANDARD PAID LEAVE
The greatest amount of paid leave, including paid vacation, paid holidays, and paid leave not otherwise required under federal, state or local law, as provided by: 1) the Federal Department of Labor for the relevant classification in the area wage determination applicable to work performed within the City of Hoboken under Federal Service Contract Act (41 U.S.C. § 351 et seq.[2]); or 2) the collective bargaining agreement covering the largest number of hourly nonsupervisory employees employed within Hudson County in the relevant classification, provided the collective bargaining agreement covers no less than 200 employees in the classification.
TAX-ABATED PROJECT
A project that has a total construction cost that is equal to or exceeds $25,000,000, exclusive of any land acquisition costs, for which the City has granted a tax abatement pursuant to the Long Term Tax Exemption Law, N.J.S.A. 40A:20-1 et seq., or the Five-Year Exemption and Abatement Law, N.J.S.A. 40A:21-1 et seq.
[1]
Editor's Note: See now 41 U.S.C.A. § 6701 et seq.
[2]
Editor's Note: See now 41 U.S.C.A. § 6701 et seq.
A. 
The City shall require as a condition of a private business entity leasing any City property or any developer or business receiving economic development financial assistance, including a tax abatement, a contractual commitment requiring every covered development project to provide that 1) any covered employee, whether or not they are directly employed by the business organization, shall be provided with standard compensation in accordance with this section, except that if the financial assistance is targeted to a particular building or buildings or facilities, then this requirement shall only apply to the building(s) or facilities to which the financial assistance pertains; and 2) any contract entered into by the business organization for the provision of building service work, as defined in this section, shall contain the following provision: "The wages paid on an hourly basis to any person providing building services and the amount of payment or contribution paid or payable on behalf of each such person to cover benefits and the paid leave to be provided to each such person shall be at a rate greater or equal to the standard compensation as defined in the City of Hoboken Municipal Code § 23-1." Failure by the City to include this language in a contract does not excuse noncompliance by the building service work provider. This chapter is not applicable to nonprofit entities.
B. 
Reporting. All contracts signed by the City for covered development projects or tax abated projects shall require the submission to the Business Administrator of an annual certification executed under penalty of perjury that all covered employees at a City development project or a tax-abated project by the covered developer or under contract with the covered developer to perform building service work will be and/or have been provided no less than the standard compensation. Such certification shall include a record of the days and hours worked, the wages and benefits paid, and paid leave provided to each covered employee employed at the City development project or under contract with the covered developer. Such certification shall be certified by the Chief Executive or Chief Financial Officer of the covered developer, or the designee of any such person. A violation of any provision of the certification, or failure to provide such certification, shall constitute a violation of this section.
C. 
Recordkeeping. Each covered developer shall maintain original payroll records for each covered employee reflecting the days and hours worked, and the wages paid and benefits provided for such hours worked, and shall retain such records for at least six years after the building service work is performed. The covered developer may satisfy this requirement by obtaining copies of records from the employer or employers of such employees. Failure to maintain such records as required shall create a rebuttable presumption that the covered employees were not provided the required compensation under this section. Upon written request of the City, the covered developer shall provide a certified original payroll record within 10 days of the date of the request.
D. 
Site access. Representatives of the City shall be permitted to have appropriate access to all covered development projects in order to monitor compliance.
E. 
The requirements of this section shall apply for the term of the economic development financial assistance or tax abatement, for 10 years from the date that a certificate of occupancy is issued for the financially assisted project, or for the duration of any written agreement between the City and a covered developer providing for financial assistance, whichever is longest.
F. 
Right of action for covered employees. Violation of this section shall constitute a breach of the required compensation provisions of the contract by the business organization receiving the economic development subsidy, and such provisions shall be considered to be a contract for the benefit of the covered employees upon which such covered employees shall have the right to maintain action for the difference between the required compensation and the rates of pay, benefits and paid leave actually received by them, and including attorney's fees.
G. 
Penalty for late filing or violation of this chapter. A violation of any section or subsection of this chapter shall, upon conviction thereof, be punishable by a fine not to exceed $1,000 for each violation committed hereunder. Each violation of a section or subsection of this chapter shall constitute a separate and distinct violation independent of any other section or subsection or any order issued pursuant to this chapter. Each day's failure to comply with any such section or subsection shall constitute a separate violation. Where an owner, manager or occupant has been convicted of a violation of this chapter and within 12 months thereafter has been found by the Judge of the Municipal Court to be guilty of a second violation, the Court may, if it finds that the second offense was willful and inexcusable, sentence the offender, in addition to or in lieu of the fine set forth herein, to imprisonment in the county jail for a period not to exceed 90 days.
H. 
The Business Administrator shall maintain a list of business organizations that have received economic development assistance that shall include, where a written agreement between the City and a business organization providing for financial assistance is targeted to particular real property, the address of each such property. Such list shall be updated and published as often as is necessary to keep it current. The Business Administrator's failure to include a business organization on the list shall not excuse the business organization from its obligations under this section.
I. 
If any section, subsection, provision, clause or portion of this act is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this act shall not be affected thereby.