N.J. Stat. tit. 29, ch. 4

in effect

N.J. Stat. § 29:4-1 Register for guests in tourist camps, homes, rooming houses, inns or hotels; registration required

Any person, copartnership, firm, association or corporation engaged in the business of conducting a tourist camp, tourist cabin, trailer camp, tourist home, rooming house, inn or hotel where sleeping accommodations are furnished for pay to tourists, transients or travelers whether meals are served therein or not to such tourists, transients or travelers, and any person, copartnership, firm, association or corporation who may hereafter engage in such business as enumerated above, shall keep and maintain or cause to be kept and maintained therein, a register in which shall be inscribed the true name and address of each and every guest renting or occupying camp space, room, cabin or tent. Such register shall be signed by the person renting such camp space, room, cabin or tent or by someone under his or her direction. The proprietor or his agent shall write opposite each name the number of room, number or name of cabin or tent or camp space assigned to and occupied by each such guest, and the State license number of any motor vehicle then being used or operated by the registrant. The proprietor or his agent shall keep and preserve the record showing the date of registration and date when the occupant of each room, camp space, cabin or tent quits and surrendered the same. Said register shall be available to all duly authorized peace officers upon request. L.1939, c. 254, p. 669, s. 1, eff. July 18, 1939.

N.J. Stat. § 29:4-2 Inspection for compliance with respect to registration

It shall be the duty of the sheriff or his deputies, any member of an organized police department and any member of the State Police, in whose jurisdiction any of the above-mentioned places may be located, to inspect such place from time to time at any hour of the day or night, to see that the provisions of this act are being complied with. L.1939, c. 254, p. 669, s. 2, eff. July 18, 1939.

N.J. Stat. § 29:4-3 Inapplicable to hotels having over ten rooms

Nothing in this act shall be construed in any way to apply to any duly licensed hotel having more than ten sleeping rooms for guests. L.1939, c. 254, p. 670, s. 3, eff. July 18, 1939.

N.J. Stat. § 29:4-4 Violation a misdemeanor

Any person, copartnership, firm, association or corporation who shall violate any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined one hundred dollars ($100.00), or be imprisoned in the county jail not to exceed thirty (30) days, or both. L.1939, c. 254, p. 670, s. 4, eff. July 18, 1939.

N.J. Stat. § 29:4-5 Definitions

As used in this act: "Hotel" means any hotel, motel, inn, tourist camp, tourist cabin, tourist home, rooming house or similar establishment where sleeping accommodations are supplied for pay to transient and permanent guests. "Guest room" is a room which is occupied, or is intended, arranged or designed to be occupied for sleeping purposes by one or more guests and includes rooms hired out furnished or unfurnished. L.1967, c. 95, s. 1.

N.J. Stat. § 29:4-6 Rates for accommodations; posting

No person engaged in the business of furnishing public lodging accommodations in a hotel shall post or maintain posted on any advertising sign or cause to be placed before the public in any advertising matter or information pertaining to such establishment, any rates for accommodations in any such establishment unless there are available in any such establishment, when vacant, accommodations for immediate occupancy to meet the posted rate of such advertising signs. L.1967, c. 95, s. 2.

N.J. Stat. § 29:4-7 Posting copy of act and range of rates

Every person engaged in the business of furnishing public lodging accommodations in a hotel shall post in a conspicuous place or manner in each and every guest room, a printed copy of this act and a statement of the range of rates charged by the hotel, including seasonal rates. L.1967, c. 95, s. 3.

N.J. Stat. § 29:4-8 Penalties; enforcement

4. Any person, organization or corporation violating any of the provisions of this act shall be liable to a penalty of not less than $50.00 or more than $100.00 for the first offense, and not less than $100.00 or more than $250.00 for the second and each subsequent offense. The Superior Court and municipal court shall have jurisdiction of proceedings for the collection and enforcement of a penalty imposed because of the violation, within the territorial jurisdiction of the court, of any provision of this act. The penalty shall be collected and enforced in a summary proceeding pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). Process shall be either in the nature of a summons or warrant and shall issue in the name of the State upon the complaint of any person. L.1967,c.95,s.4; amended 1991,c.91,s.309.

N.J. Stat. § 29:4-9 Findings, declarations relative to the protection of hotel employees.

1. The Legislature finds and declares that the hospitality industry is a profitable and vital component of the State's economy, and that hotel employees play a significant role in providing hospitality services to tourists and other guests at hotels throughout the State. Due to the unique nature of hotel work, hotel employees are particularly vulnerable when working alone in hotel guest rooms, which sometimes may be occupied. This solitary work places them at risk of assault, including sexual assault, and sexual harassment. However, some hotel employers have not adequately addressed the safety concerns of hotel employees. Many hotel employees are marginalized members of society with limited means to support themselves and their families, and without adequate support, may feel intimidated to report inappropriate and criminal conduct for fear of repercussions or retaliation from their employers. It is appropriate and necessary to protect hotel employees from violent acts, including sexual assault, sexual harassment, or other inappropriate or criminal conduct to which they may be subjected while performing their duties. L.2019, c.123, s.1.

N.J. Stat. § 29:4-10 Definitions relative to the protection of hotel employees.

2. As used in this act: "Commissioner" means the Commissioner of Labor and Workforce Development. "Hotel" means any hotel, inn, boarding house, motel or other establishment whose proprietor offers and accepts payment for rooms, sleeping accommodations or board and lodging and retains the right of access to, and control of, the premises which are let, which contains at least 100 guest rooms. "Hotel employee" or "employee" means any natural person who works full-time or part-time performing housekeeping or room service duties at a hotel for or under the direction of the hotel employer or any subcontractor of the hotel employer for wages or salary or remuneration of any type under a contract or subcontract of employment. "Hotel employer" or "employer" mean any person, including a corporate officer or executive, who directly or indirectly or through an agent or any other person, including though the services of a temporary staffing agency, employs or exercises control over the wages, hours, or working conditions of any person employed in furtherance of the hotel's provision of lodging and other related services for the public. "Guest room" means any room made available by a hotel for overnight occupancy by guests. "Panic device" means a two-way radio or other electronic device which is kept on an employee's person when the employee is in a guest room, and that permits an employee to communicate with or otherwise effectively summon immediate on-scene assistance from a security officer, manager or supervisor, or other appropriate hotel staff member. L.2019, c.123, s.2.

N.J. Stat. § 29:4-11 Provision of panic device; employer responsibilities.

3. a. A hotel employer shall provide a panic device to each hotel employee assigned to work in a guest room without any other employees present, at no cost to the employee. An employee may use the panic device if the employee reasonably believes there is an ongoing crime, or immediate threat of assault or harassment, or other emergency in the employee's presence. The hotel employee may cease work and leave the immediate area of perceived danger or inappropriate conduct to await the arrival of assistance, and no adverse action may be taken against the hotel employee for such action. This subsection shall not apply if the terms of a collective bargaining agreement address the issuance of panic devices to hotel employees or otherwise address safety and reporting procedures for hotel employees working in guest rooms without any other employees present. b. Upon a hotel employee activating a panic device, an appropriate staff member of the hotel, manager or supervisor, or security officer shall respond promptly to the location of the hotel employee. c. A hotel employer shall: (1) Keep a record of the accusations it receives that a guest has committed an act of violence, including sexual assault, sexual harassment, or other inappropriate conduct towards a hotel employee and shall maintain the name of the guest so accused on the list for a period of five years from the date of the incident. (2) Report any incident involving alleged criminal conduct by a guest or other person to the appropriate law enforcement agency so that the law enforcement agency may make a determination as to whether to pursue criminal charges and cooperate with any investigation undertaken by the law enforcement agency. (3) Notify hotel employees who are assigned to housekeeping or room service duties of the room in which an alleged incident occurred of the presence and location of any guest named on the list in accordance with paragraph (1) of this subsection, and provide hotel employees, other than the hotel employee who activated the panic device, the option of either servicing the guest room of a guest on the list with a partner hotel employee or opting out of servicing the room for the duration of the guest's stay at the hotel. The hotel employee who activated the panic device shall immediately be reassigned to a different work area away from the guest room of the guest for the duration of the guest's stay at the hotel. d. If an accused guest is convicted of a crime in connection with an incident brought to the attention of the hotel employer by the pressing of a panic device or otherwise reported by a hotel employee, the hotel may decline to provide occupancy to the guest. e. The hotel employer shall develop and maintain a program, which may include written information, to educate hotel employees regarding the use of panic devices and their rights in the event the hotel employees activate their devices, and to encourage hotel employees to activate panic devices when appropriate. f. The hotel employer shall advise guests of the panic devices it provides to hotel employees either by: (1) requiring guests to acknowledge the policy as part of the hotel terms and conditions upon checking in to the hotel; or (2) placing signs on the interior side of guest room doors in a prominent location and in large font, detailing the panic device policy and the rights of hotel employees. L.2019, c.123, s.3.

N.J. Stat. § 29:4-12 Violations, penalties; rules, regulations.

4. a. A hotel employer who does not provide a panic device to its employees pursuant to subsection a. of section 3 of P.L.2019, c.123 (C.29:4-11) or does not follow the protocols established in subsections b. and c. of section 3 of P.L.2019, c.123 (C.29:4-11) upon a hotel employee reporting an incident shall be subject to a civil penalty in an amount not to exceed $5,000 for the first violation and $10,000 for each subsequent violation, collectible by the Department of Labor and Workforce Development in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). b. The commissioner shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to effectuate the purposes of this act. L.2019, c.123, s.4.

N.J. Stat. § 29:4-13 Former, successor hotel employer duties, responsibilities during, after power transfer; violation penalties; exceptions; definitions.

1. a. (1) Not less than 30 days before a change in control or change in controlling interest or identity, a former hotel employer shall provide the successor hotel employer with a full and accurate list containing the name, address, date of hire, phone number, wage rate, and employment classification of each hotel service employee employed at an affected hotel. At the same time that the former hotel employer provides the list, the former hotel employer shall post the list in a notice to the hotel service employees that also sets forth the rights provided by this section, in the same location and manner that other statutorily required notices to the employees are posted at the affected hotel; provided that if the hotel is not open to the public, the notice shall be transmitted in the same manner as any offer of employment made pursuant to paragraph (2) of this subsection a. The notice shall also be provided to the employees' collective bargaining representative, if any. (2) A successor hotel employer shall, during the hotel service employee retention period, offer each eligible hotel service employee employment for no less than 90 working days under the terms and conditions established by the successor hotel employer, with no reduction of wages or benefits, except that the wage and benefit rates offered and paid for the period may be higher than the rates last paid to the employee by the former hotel employer, and shall not be lower than any rate required by law. The offers shall be made in writing and shall remain open for at least 10 business days from the date of the offer. (3) Except as provided in paragraph (4) of this subsection, an eligible hotel service employee retained pursuant to this section shall not be discharged without cause during the hotel service employee retention period. (4) If at any time during the hotel service employee retention period the successor hotel employer determines that fewer hotel service employees are required than were employed by the former hotel employer, the successor hotel employer shall retain eligible hotel service employees by seniority and experience within each job classification, to the extent the classification exists, and offer to rehire the laid-off employees if the positions are subsequently restored. (5) A successor hotel employer shall retain written verification of each offer of employment made pursuant to paragraph (2) of this subsection. The verification shall include the name, address, date of hire, phone number, wage rate, and employment classification of the eligible hotel service employee to whom the offer was made. A successor hotel employer shall retain the verification for no less than three years from the date the offer is made. (6) At the end of the hotel service employee retention period, the successor hotel employer shall perform a written performance evaluation for each hotel service employee retained pursuant to this section. If the employee's performance during the retention period is satisfactory, the successor hotel employer shall offer the employee continued employment under the terms and conditions established by the successor hotel employer. A successor hotel employer shall retain the written performance evaluation for no less than three years from the date it is issued. b. A hotel service employee who has been discharged or not retained in violation of this section, or a representative of the employee, may bring an action in a court of competent jurisdiction against a former hotel employer or successor hotel employer for any violation of an obligation imposed pursuant to this section. The court shall have authority to order preliminary and permanent equitable relief, including, but not limited to, reinstatement of any employee who has been discharged or not retained in violation of this section. If the court finds that by reason of a violation of any obligation imposed pursuant to subsection b. of this section, a hotel service employee has been discharged or not retained in violation of this section, the court shall award: (1) back pay, and an equal amount as liquidated damages, for each day during which the violation continues, which shall be calculated at a rate of compensation not less than the higher of: the average regular rate of pay received by the employee during the last three years of the employee's employment in the same occupation classification; or the final regular rate of pay received by the employee. Back pay shall apply to the period commencing on the date of the discharge or refusal-to-retain by the successor hotel employer and ending on the effective date of any offer of instatement or reinstatement of the employee; (2) costs of benefits the successor hotel service employer would have incurred for the employee under the employee's benefit plan; and (3) the employee's reasonable attorney's fees and costs. The court shall have authority to order the former or successor hotel employer, as applicable, to provide any information required pursuant to subsection b. of this section. c. This section shall not apply to: (1) any successor hotel employer who, on or before the change of control or change in controlling interest or identity, agrees to assume, or to be bound by, the collective bargaining agreement of the former hotel employer until the end of the term of the agreement or the end of hotel service employee retention period, whichever is later, provided that the collective bargaining agreement includes terms and conditions for the discharge or laying off of employees; (2) if there was no existing collective bargaining agreement as described in paragraph (1) of this subsection, any successor hotel employer who agrees, on or before the change of control or change in controlling interest or identity, to enter into a new collective bargaining agreement covering its hotel service employees, provided that the collective bargaining agreement includes terms and conditions for the discharge or laying off of employees; or (3) a former hotel employer who obtains a written commitment from a successor hotel employer that the successor hotel employer's hotel service employees will be covered by a collective bargaining agreement that includes terms and conditions for the discharge or laying off of employees. d. Each hotel employer shall maintain for three years, for each employee and former employee, by name, a record showing the employee's regular hourly rate of pay for each week of the employee's employment. The hotel employer shall make an employee's or former employee's records available in full to the employee or former employee upon request. e. For the purposes of this section: "Affected hotel" means a hotel or discrete portion of a hotel that has been the subject of a change in control or a change in controlling interest or identity. "Change in control" means any sale, assignment, transfer, contribution or other disposition of all or substantially all of the assets used in the operation of a hotel or a discrete portion of a hotel. A change in control shall be defined to occur on the date of execution of the document effectuating the change. "Change in controlling interest or identity" means any sale, assignment, transfer, contribution or other disposition of a controlling interest, including by consolidation, merger or reorganization, of a hotel employer or any person who controls a hotel employer; or any other event or sequence of events, including a purchase, sale or lease termination of a management contract or lease, that causes the identity of the hotel employer at a hotel to change. A change in controlling interest or identity shall be defined to occur on the date of execution of the document effectuating the change. "Eligible hotel service employee" means a hotel service employee employed by a hotel employer at an affected hotel. "Former hotel employer" means any hotel employer who owns, controls or operates a hotel prior to a change in control or change in controlling interest or identity of a hotel or of a discrete portion of a hotel that continues to operate as a hotel after the change. "Hotel" means a hotel, apartment hotel, motel, inn, tourist camp, tourist cabin, tourist home, club, or similar establishment where sleeping accommodations are supplied for pay to transient or permanent guests. "Hotel employer" means any person who owns, controls or operates a hotel, and includes any person or contractor who, in a managerial, supervisory or confidential capacity, employs one or more hotel service employees. "Hotel service" means work performed in connection with the operation of a hotel, including, but not limited to, letting of guest rooms, letting of meeting rooms, provision of food or beverage services, provision of banquet services, or provision of spa services. "Hotel service employee" means: any person employed to perform a hotel service at an affected hotel during the 365-day period immediately preceding the change in control or change in controlling interest or identity of the hotel; or any person formerly employed to perform a hotel service at an affected hotel who retains recall rights under the former hotel employer's collective bargaining agreement, if any, or under any comparable arrangement established by the former hotel employer, on the date of the change in control or change in controlling interest or identity of the hotel, except that "hotel service employee" shall not include persons who are managerial, supervisory or confidential employees or who otherwise exercise control over the management of the hotel. "Hotel service employee retention period" means the 90-day period beginning on the date of a change in control or change in controlling interest or identity of the hotel or of a discrete portion of the hotel that continues to operate as a hotel after the change, except that, if the hotel is not open to the public on the date, the 90-day period shall begin on the first day that the hotel is open to the public after the change. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. "Successor hotel employer" means a hotel employer who owns, controls or operates a hotel after a change in control or change in controlling interest or identity of the hotel or of a discrete portion of the hotel that continues to operate as a hotel after the change. L.2021, c.496, s.1.

N.J. Stat. § 29:4-14 Notice of service disruption provided to third-party vendors, guests; definitions.

2. a. Within 24 hours of the occurrence of a service disruption, a hotel operator shall provide, in all modifiable mediums in which the hotel advertises, solicits customers, or through which customers can book or reserve rooms or services, notification of the service disruption to each third-party vendor and each guest who is seeking, or has entered into, a reservation, booking, or agreement with the hotel operator or a third-party vendor for the use or occupancy of a room. The notification shall also be provided immediately before accepting or entering into any new reservation, booking, or agreement for the use or occupancy of a room or hotel service. The notification shall also be provided to any current guest. If the circumstances of the service disruption make timely notification impracticable, the notification shall be made as soon as practicable. b. The notification shall describe: the nature of the service disruption; the extent of the service disruption's effect on reservations, bookings, or agreements to use or occupy the room or hotel services; and the right of a guest to cancel or terminate the reservation, booking, or agreement for the use or occupancy of the room or hotel services, with a refund if applicable and without the imposition of any fee, penalty, or other charge, as provided in subsections c. and d. of this section. If the notification is included in a communication containing other information, the notification shall be in a significantly larger font and different color than the remainder of the communication. c. A hotel operator shall not impose any fee, penalty, or other charge, nor retain any deposit, in the event a guest, prior to checking in, cancels a reservation, booking, or agreement with the hotel operator for the use or occupancy of a room, if the guest's stay or room is, or could be, substantially affected by a service disruption during the guest's stay or use of a hotel service. d. If a service disruption arises only after any guest of the room has checked in, the hotel operator shall prominently and clearly notify the guest of the service disruption within 24 hours of the disruption, as provided in subsection a. of this section. The notification shall specify the rights set forth in this subsection, pursuant to subsection b. of this section. The guests of the room or hotel service may terminate any reservation, booking, or agreement for the rental of the room or use of a hotel service, and the hotel operator shall not impose any fee, penalty, or other charge for the termination, nor retain any deposit related to any unused portion of the period of the reservation, booking, or agreement following the onset of the service disruption. e. A hotel operator that violates or causes another person to violate a provision of this section or any rule promulgated pursuant to the section, shall be subject to a civil penalty collectible by the Division of Consumer Affairs in the Department of Law and Public Safety, as follows: (1) a civil penalty of $500 for the first violation; (2) a civil penalty of $1,000 for the second violation issued for the same offense within a period of two years of the date of the first violation; (3) a civil penalty of $2,500 for the third violation issued for the same offense within a period of two years of the date of the first violation; and (4) a civil penalty of $5,000 for the fourth and each subsequent violation issued for the same offense within a period of two years of the date of the first violation. The continuation of a violation shall constitute a separate offense for each successive day. f. In addition to any other penalties or remedies for violations of this section, any guest or customer may also bring a private cause of action in any court of competent jurisdiction to recover, in addition to the remedies provided for in this act, compensatory, equitable and consequential damages, and reasonable costs of the action and attorney's fees. g. For the purposes of this section: "Hotel" means a hotel, apartment hotel, motel, inn, tourist camp, tourist cabin, tourist home, club, or similar establishment where sleeping accommodations are supplied for pay to transient or permanent guests. "Hotel operator" means any person, including a contractor, who owns, controls or operates a hotel. "Hotel service" means work performed in connection with the operation of a hotel, including, but not limited to, letting of guest rooms, letting of meeting rooms, provision of food or beverage services, provision of banquet services, or provision of spa services. "Room" means a room available or let out for use or occupancy in a hotel. "Service disruption" means any of the following conditions where the condition substantially affects or is likely to substantially affect any guest's use of a room or utilization of a hotel service; provided that conditions described in paragraphs (2), (6) and (7) of this definition shall be presumed to substantially affect a guest's use of a room or utilization of a hotel service: (1) construction work in or directly related to the hotel that creates excessive noise that is likely to substantially disturb a guest, other than construction that is intended to correct an emergency condition or other condition requiring immediate attention; (2) conditions of which the hotel operator is aware, indicating the presence in the hotel of any infestation by bed bugs, lice or other insects, rodents or other vermin capable of spreading disease or being carried, including on one's person, if the infestation has not been fully treated by a licensed exterminator within 24 hours of identifying it; (3) the unavailability, for a period of 24 hours or more, of any advertised hotel amenity, including, but not limited to, a pool, spa, shuttle service, internet access, or food and beverage service; (4) the unavailability, for a period of 24 hours or more, of any advertised room appliances or technology, including but not limited to, in-room refrigerators, or internet or Wi-Fi services; (5) the unavailability of any advertised or legally required accessibility feature, including, but not limited to, an elevator, wheelchair lift, ramp, or accessible bathroom in the room or in any common area of the hotel; (6) the unavailability for a period of 24 hours or more, of any utility, including, but not limited to, gas, water, or electricity when the unavailability affects only the location of the hotel; or (7) any strike, lockout or picketing activity, or other demonstration or event for a calendar day or more at or near the hotel. "Third-party vendor" means a vendor with which a hotel operator has an arrangement for third-party room reservations, or any other entity that has reserved or entered into an agreement or booking for the use or occupancy of one or more rooms in a hotel in furtherance of the business of reselling the rooms to guests. L.2021, c.496, s.2.

N.J. Stat. § 29:4-15 Severability.

3. The provisions of this act shall be deemed to be severable and if any section, subsection, paragraph, sentence or other portion of this act is for any reason held or declared by any court of competent jurisdiction to be unconstitutional or preempted by federal law, or the applicability of that portion to any person or facility is held invalid, the remainder of this act shall not thereby be deemed to be unconstitutional, preempted or invalid. L.2021, c.496, s.3.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026