N.J. Stat. § 34:15D-1 Short title
1. This act shall be known and may be cited as the "1992 New Jersey Employment and Workforce Development Act." L.1992,c.43,s.1.
N.J. Stat. tit. 34, ch. 15D
N.J. Stat. tit. 34, ch. 15D
in effectN.J. Stat. § 34:15D-2 Findings, declarations
2. The Legislature finds and declares that: a. New Jersey, facing an intensely competitive world economy, must choose whether to compete against countries that have low-paid, unskilled workforces or to compete for the high-productivity jobs that can provide a foundation for an economic leadership position for New Jersey and high living standards for all of its citizens; b. If New Jersey is going to take the high-skill, high-productivity, high-wage path, it will need a genuine partnership between business, labor and government to invest in the first-rate training and education for front-line workers needed to stimulate greater worker involvement in promoting innovation, quality control and responsiveness to rapid technological advances in production; c. Current private sector efforts to train and educate employees in New Jersey are extensive, involving the expenditure of hundreds of millions of dollars, but the overwhelming majority of those expenditures goes to the minority of employees, usually placed in management, scientific and technical positions, who already have college degrees; d. The inadequate emphasis on training and ongoing education for the broad majority of front-line workers is further compounded by the fact that 90% of job training expenditures by American businesses is spent by only one half of one percent of American businesses; e. Although current training programs for the long-term jobless and other disadvantaged individuals have increased skilled labor resources in the State, and although federal funding for those programs is inadequate to cover more than a small minority of those eligible, there is an even greater need for new public resources to upgrade the skills of vastly larger numbers of currently employed, or recently displaced, mainstream front-line workers; f. Proposals have been made by the administrations of both Governor Kean and Governor Florio to redirect existing payroll taxes to fund a broader and more in-depth program of worker training and access to lifelong education, a method successfully employed by other States and by leading international industrial competitors, such as Germany, Japan and France; g. The potential contribution of business-labor cooperation to create a highly productive workforce has also been demonstrated, domestically and overseas, by the effectiveness of apprenticeship programs in certain skilled trades; h. It is therefore an appropriate public purpose to sustain the current level of support of training programs for disadvantaged individuals and to establish, with the active participation of New Jersey's business and labor communities, a broader program of expanded, high-quality training and education, including needed basic skills education, for currently employed and recently displaced front-line workers, funded by the redirection of a portion of existing payroll taxes. L.1992,c.43,s.2.
N.J. Stat. § 34:15D-3 Definitions relative to workforce development.
3. As used in this act: "Administrative costs" means any costs incurred by the department to administer the program, including any cost required to collect information and conduct evaluations of service providers pursuant to section 8 of this act and conduct surveys of occupations pursuant to section 12 of this act, to the extent that funding is not available from federal or other sources. "Apprenticeship Policy Committee" means the New Jersey Apprenticeship Policy Committee established by an agreement between the Bureau of Apprenticeship and Training in the United States Department of Labor, the State Department of Labor and Workforce Development and the State Department of Education and consisting of a representative of the Commissioner of the State Department of Education, a representative of the Commissioner of the State Department of Labor and Workforce Development, the Director of Region II of the Bureau of Apprenticeship and Training in the United States Department of Labor and a representative of the New Jersey State AFL-CIO. "Approved community-based or faith-based organization" means an organization which is an approved service provider, a nonprofit organization exempt from federal taxation under section 501 of the Internal Revenue Code of 1986 (26 U.S.C. s. 501), and approved by the commissioner as demonstrating expertise and effectiveness in the field of workforce investment and being representative of a community or a significant segment of a community where the organization provides services. "Approved service provider" or "approved training provider" means a service provider which is on the State Eligible Training Provider List. "Commission" means the State Employment and Training Commission. "Commissioner" means the Commissioner of Labor and Workforce Development or the commissioner's designees. "Credential" means a credential recognized by the Department of Education or the Commission on Higher Education, or approved by the Credentials Review Board established by the Department of Labor and Workforce Development pursuant to section 25 of P.L.2005, c.354 (C.34:1A-1.10). "Customized training services" means employment and training services which are provided by the Office of Customized Training pursuant to section 5 of this act. "Department" means the State Department of Labor and Workforce Development. "Employer" or "business" means any employer subject to the provisions of R.S.43:21-1 et seq. "Employment and training services" means: a. Counseling provided pursuant to section 7 of this act; b. Occupational training; c. Remedial instruction; or d. Occupational safety and health training. e. In the case of a qualified disadvantaged worker who is or was receiving, or is eligible for but not receiving, benefits under the Work First New Jersey program, "employment and training services" includes, in addition to any of the benefits listed in subsections a. through d. above, Supplemental Workforce Development Benefits approved as part of the workers' Employability Development Plan pursuant to section 7 of P.L.1992, c.43 (C.34:15D-7). "Fund" means the Workforce Development Partnership Fund established pursuant to section 9 of this act. "Labor Demand Occupation" means an occupation which: a. The Center for Occupational Employment Information has, pursuant to subsection d. of section 27 of P.L.2005, c.354 (C.34:1A-86), determined is or will be, on a regional basis, subject to a significant excess of demand over supply for trained workers, based on a comparison of the total need or anticipated need for trained workers with the total number being trained; or b. The Center for Occupational Employment Information, in conjunction with a Workforce Investment Board, has, pursuant to subsection d. of section 27 of P.L.2005, c.354 (C.34:1A-86), determined is or will be, in the region for which the board is responsible, subject to a significant excess of demand over supply for adequately trained workers, based on a comparison of total need or anticipated need for trained workers with the total number being trained. "Occupational safety and health training" means training or instruction which is designed to assist in the recognition and prevention of potential health and safety hazards related to an occupation. "Office" means the Office of Customized Training established pursuant to section 5 of this act. "One Stop Career Center" means any of the facilities established, sponsored or designated by the State, a political subdivision of the State and a Workforce Investment Board in a local area to coordinate or make available State and local programs providing employment and training services or other employment-directed and workforce development programs and activities, including job placement services, and any other similar facility as may be established, sponsored or designated at any later time to coordinate or make available any of those programs, services or activities. "Permanent employment" means full-time employment unsubsidized by government training funds which provides a significant opportunity for career advancement and long-term job security. "Poverty level" means the official poverty level based on family size, established and adjusted under section 673 (2) of Subtitle B of the "Community Services Block Grant Act," Payable-35 (42 U.S.C. s. 9902 (2)). "Program" means the Workforce Development Partnership Program created pursuant to this act. "Qualified disadvantaged worker" means a worker who is not a qualified displaced worker or a qualified employed worker but who otherwise meets the following criteria: a. Is unemployed; b. Is working part-time and actively seeking full-time work or is working full-time but is earning wages substantially below the median salary for others in the labor force with similar qualifications and experience; or c. Is certified by the Department of Human Services as: (1) Currently receiving public assistance; (2) Having been recently removed from the public assistance rolls because of gross income exceeding the grant standard for assistance; or (3) Being eligible for public assistance but not receiving the assistance because of a failure to apply for it. "Qualified displaced worker" means a worker who: a. Is unemployed, and: (1) Is currently receiving unemployment benefits pursuant to R.S.43:21-1 et seq. or any federal or State unemployment benefit extension; or (2) Has exhausted eligibility for the benefits or extended benefits during the preceding 52 weeks; or b. Meets the criteria set by the Workforce Investment Act of 1998, Pub.L.105-220 (29 U.S.C. s.2801 et seq.), to be regarded as a "dislocated worker" pursuant to that act. "Qualified employed worker" means a worker who is employed by an employer participating in a customized training program, or other employed worker who is in need of remedial instruction. "Qualified job counselor" means a job counselor whose qualifications meet standards established by the commissioner. "Qualified staff" means staff whose qualifications meet standards set by regulations adopted by the commissioner. "Remedial education" or "remedial instruction" means any literacy or other basic skills training or instruction which may not be directly related to a particular occupation but is needed to facilitate success in occupational training or work performance, including training or instruction in mathematics, reading comprehension, computer literacy, English proficiency and work-readiness skills. "Self-sufficiency" for an individual means a level of earnings from employment not lower than 250% of the poverty level for an individual, taking into account the size of the individual's family. "Service provider," "training provider" or "provider" means a provider of employment and training services including but not limited to a private or public school or institution of higher education, a business, a labor organization or a community-based organization. "State Eligible Training Provider List" means the Statewide list of eligible training providers maintained pursuant to section 14 of P.L.2005, c.354 (C.34:15C-10.2). "Supplemental Workforce Fund for Basic Skills" means the fund established pursuant to section 1 of P.L.2001, c.152 (C.34:15D-21). "Total revenues dedicated to the program during any one fiscal year" means all moneys received for the fund during any fiscal year, including moneys withdrawn from the State disability benefits fund pursuant to section 3 of P.L.1992, c.44 (C.34:15D-14), minus any repayment made during that fiscal year from the fund to the State disability benefits fund pursuant to that section. "Training grant" means a grant provided to fund occupational training and any needed remedial instruction for a qualified displaced or disadvantaged worker pursuant to section 6 of this act, or to fund needed remedial instruction for a qualified employed worker pursuant to section 1 of P.L.2001, c.152 (C.34:15D-21). "Vocational training" or "occupational training" means training or instruction which is related to an occupation and is designed to enhance the marketable skills and earning power of a worker or job seeker. "Workforce Investment Services" means core, intensive, and training services as defined by the Workforce Investment Act of 1998, Pub.L.105-220 (29 U.S.C. s.2801 et seq.). L.1992,c.43,s.3; amended 2001, c.152, s.8; 2004, c.39, s.9; 2005, c.354, s.20.
N.J. Stat. § 34:15D-4 Workforce Development Partnership Program.
4. a. The Workforce Development Partnership Program is hereby established in the Department of Labor and Workforce Development and shall be administered by the Commissioner of Labor and Workforce Development. The purpose of the program is to provide qualified displaced, disadvantaged and employed workers with the employment and training services most likely to enable the individual to obtain employment providing self-sufficiency for the individual and also to provide the greatest opportunity for long-range career advancement with high levels of productivity and earning power. To implement that purpose, the program shall provide those services by means of training grants or customized training services in coordination with funding for the services from federal or other sources. The commissioner is authorized to expend moneys from the Workforce Development Partnership Fund to provide the training grants or customized training services and provide for each of the following: (1) The cost of counseling required pursuant to section 7 of P.L.1992, c.43 (C.34:15D-7), to the extent that adequate funding for counseling is not available from federal or other sources; (2) Reasonable administrative costs, which shall not exceed 10 percent of the revenues collected pursuant to section 2 of P.L.1992, c.44 (C.34:15D-13) during any fiscal year ending before July 1, 2001, except for additional start-up administrative costs approved by the Director of the Office of Management and Budget during the first year of the program's operation; (3) Reasonable costs, which shall not exceed 0.5 percent of the revenues collected pursuant to section 2 of P.L.1992, c.44 (C.34:15D-13) during any fiscal year ending before July 1, 2001, as required by the State Employment and Training Commission to design criteria and conduct an annual evaluation of the program; and (4) The cost of reimbursement to individuals for excess contributions pursuant to section 6 of P.L.1992, c.44 (C.34:15D-17). b. Not more than 10 percent of the moneys received by any service provider pursuant to this act shall be expended on anything other than direct costs to the provider of providing the employment and training services, which direct costs shall not include any administrative or overhead expense of the provider. c. Training and employment services or other workforce investment services shall be provided to a worker who receives counseling pursuant to section 7 of P.L.1992, c.43 (C.34:15D-7) only if the counselor who evaluates the worker pursuant to that section determines that the worker can reasonably be expected to successfully complete the training and instruction identified in the Employability Development Plan developed pursuant to that section for the worker. d. All occupational training provided under this act: (1) Shall be training which is likely to substantially enhance the individual's marketable skills and earning power; and (2) Shall be training for a labor demand occupation, except for: (a) Customized training provided to the present employees of a business which the commissioner deems to be in need of the training to prevent job loss caused by obsolete skills, technological change or national or global competition; or (b) Customized training provided to employees at a facility which is being relocated from another state into New Jersey; or (c) Entrepreneurial training and technical assistance supported by training grants provided pursuant to subsection b. of section 6 of P.L.1992, c.43 (C.34:15D-6). e. During any fiscal year ending before July 1, 2001, not less than 25 percent of the total revenues dedicated to the program during any one fiscal year shall be reserved to provide employment and training services for qualified displaced workers; not less than six percent of the total revenues dedicated to the program during any one fiscal year shall be reserved to provide employment and training services for qualified disadvantaged workers; not less than 45 percent of the total revenues dedicated to the program during any one fiscal year shall be reserved for and appropriated to the Office of Customized Training; not less than three percent of the total revenues dedicated to the program during any one fiscal year shall be reserved for occupational safety and health training; and five percent of the total revenues dedicated to the program during any one fiscal year shall be reserved for and appropriated to the Youth Transitions to Work Partnership created pursuant to P.L.1993, c.268 (C.34:15E-1 et seq.). f. Funds available under the program shall not be used for activities which induce, encourage or assist: any displacement of currently employed workers by trainees, including partial displacement by means such as reduced hours of currently employed workers; any replacement of laid off workers by trainees; or any relocation of operations resulting in a loss of employment at a previous workplace located in the State. g. On-the-job training shall not be funded by the program for any employment found by the commissioner to be of a level of skill and complexity too low to merit training. The duration of on-the-job training funded by the program for any worker shall not exceed the duration indicated by the Bureau of Labor Statistics' Occupational Information Network, or "O*NET," for the occupation for which the training is provided and shall in no case exceed 26 weeks. The department shall set the duration of on-the-job training for a worker for less than the indicated maximum, when training for the maximum duration is not warranted because of the level of the individual's previous training, education or work experience. On-the-job training shall not be funded by the program unless it is accompanied, concurrently or otherwise, by whatever amount of classroom-based or equivalent occupational training, remedial instruction or both, is deemed appropriate for the worker by the commissioner. On-the-job training shall not be funded by the program unless the trainee is provided benefits, pay and working conditions at a level and extent not less than the benefits and working conditions of other trainees or employees of the trainee's employer with comparable skills, responsibilities, experience and seniority. h. Employment and training services funded by the program shall not replace, supplant, compete with or duplicate in any way approved apprenticeship programs. i. No activities funded by the program shall impair existing contracts for services or collective bargaining agreements, except that activities which would be inconsistent with the terms of a collective bargaining agreement may be undertaken with the written concurrence of the collective bargaining unit and employer who are parties to the agreement. j. All staff who are hired and supported by moneys from the Workforce Development Partnership Fund, including any of those staff located at any One Stop Career Center, but not including any staff of a service provider providing employment and training services supported by a customized training grant pursuant to section 5 of P.L.1992, c.43 (C.34:15D-5) or an individual training grant pursuant to section 6 of P.L.1992, c.43 (C.34:15D-6), shall be hired and employed by the State pursuant to Title 11A, Civil Service, of the New Jersey Statutes, be hired and employed by a political subdivision of the State, or be qualified staff hired and employed by a non-profit organization which began functioning as the One Stop Career Center operator with the written consent of the chief elected official and the commissioner prior to the effective date of P.L.2004, c.39 (C.34:1A-1.2 et al.), or be qualified staff hired and employed by an approved community-based or faith-based organization to provide services at the level of staffing provided in an agreement entered into by the organization before the effective date of P.L.2004, c.39 (C.34:1A-1.2 et al.). k. Employers in the State who apply for grants for training and employment services or other workforce investment services for their employees in the State shall be evaluated by the commissioner and preference shall be given to those employers who: (1) provide equipment, supplies, or services to military bases and installations pursuant to a procurement or military contract with the United States Department of Defense, the United States Department of Veterans Affairs, or any branch of the United States Armed Forces; (2) are engaged in one or more of the following fields or industries: science, technology, engineering, mathematics, or advanced manufacturing within these fields or industries; (3) are manufacturers; or (4) intend to train veterans. Pursuant to this paragraph, "veteran" means any resident of the State now or hereafter who has served in any branch of the Armed Forces of the United States or a Reserve component thereof or the National Guard of this State or another state as defined in section 1 of P.L.1963, c.109 (C.38A:1-1), and has been discharged honorably or under general honorable conditions from that service. L.1992, c.43, s.4; amended 1993, c.268, s.12; 1994, c.73, s.1; 1995, c.394, s.10; 1995, c.422, s.2; 2001, c.152, s.9; 2004, c.39, s.10; 2005, c.354, s.21; 2017, c.22, s.1; 2019, c.278, s.1; 2019, c.500, s.2.
N.J. Stat. § 34:15D-5 Office of Customized Training established.
5. a. There is hereby established, as part of the Workforce Development Partnership Program, the Office of Customized Training. Moneys allocated to the office from the fund shall be used to provide employment and training services to eligible applicants approved by the commissioner. b. An applicant shall be eligible for customized training services if it is one of the following: (1) An individual employer that seeks the customized training services to create, upgrade or retain jobs in a labor demand occupation; (2) An individual employer that seeks customized training services to upgrade or retain jobs in an occupation which is not a labor demand occupation, if the commissioner determines that the services are necessary to prevent the likely loss of the jobs or that the services are being provided to employees at a facility which is being relocated from another state into New Jersey; (3) An employer organization, labor organization or community-based or faith-based organization seeking the customized training services to provide training in labor demand occupations in a particular industry; (4) A consortium made up of one or more educational institutions and one or more eligible individual employers or labor, employer or community-based or faith-based organizations that seeks the customized training services to provide training in labor demand occupations in a particular industry; (5) An individual employer who provides equipment, supplies, or services to military bases and installations pursuant to a procurement or military contract with the United States Department of Defense, the United States Department of Veterans Affairs, or any branch of the United States Armed Forces; (6) An individual employer who is engaged in one or more of the following fields or industries: science, technology, engineering, mathematics, or advanced manufacturing within these fields or industries; (7) An individual employer who is a manufacturer; or (8) An individual employer who intends to train veterans. For the purposes of this subparagraph, a "veteran" is any resident of the State now or hereafter who has served in any branch of the Armed Forces of the United States or a Reserve component thereof or the National Guard of this State or another state as defined in section 1 of P.L.1963, c.109 (C.38A:1-1), and has been discharged honorably or under general honorable conditions from that service.
c. Each applicant seeking funding for customized training services shall submit an application to the commissioner in a form and manner prescribed in regulations adopted by the commissioner. The application shall be accompanied by a business plan of each employer which will receive customized training services if the application is approved. The business plan shall include: (1) A justification of the need for the services and funding from the office, including information sufficient to demonstrate to the satisfaction of the commissioner that the applicant will provide significantly less of the services if the requested funding is not provided by the office; (2) A comprehensive long-term human resource development plan which: (a) Extends significantly beyond the period of time in which the services are funded by the office; (b) Significantly enhances the productivity and competitiveness of the employer operations located in the State and the employment security of workers employed by the employer in the State; and (c) States the number of current or newly-hired workers who will be trained under the grant and the pay levels of jobs which will be created or retained for those workers as a result of the funding and the plan. (3) Evidence, if the training sought is for an occupation which is not a labor demand occupation, that the customized training services are needed to prevent job loss caused by obsolete skills, technological change or national or global competition or that the services are being provided to employees at a facility which is being relocated from another state into New Jersey; (4) Information demonstrating that most of the individuals receiving the services will be trained primarily for work in the direct production of goods or services; (5) A commitment to provide the information needed by the commissioner to evaluate the success of the funding and the plan in creating and retaining jobs, to assure compliance with the provisions of P.L.1992, c.43 (C.34:15D-1 et seq.); and (6) Any other information or commitments which the commissioner deems appropriate to assure compliance with the provisions of P.L.1992, c.43 (C.34:15D-1 et seq.). The commissioner may provide whatever assistance he deems appropriate in the preparation of the application and business plan, which may include labor market information, projections of occupational demand and information and advice on alternative training and instruction strategies.
d. Each employer that receives a grant for customized training services shall contribute a minimum of 50 percent of the total cost of the customized training services, except that the commissioner shall set a higher or lower minimum contribution by an employer, if warranted by the size and economic resources of the employer or other factors deemed appropriate by the commissioner, and except that, for individuals hired by the employer through a One Stop Career Center who receive classroom training under the grant and were recipients of benefits under the Work First New Jersey program at any time during the 12 months preceding the date of employment, the employer shall be eligible for reimbursement of up to 50 percent of wages paid to the individual during the classroom training in addition to reimbursement for tuition and other direct costs of the training as determined to be appropriate by the office, and provided, further, that no individual shall be hired or placed in a manner which results in a violation of the restrictions of subsection f. of section 4 of P.L.1992, c.43 (C.34:15D-4) against displacing current employees. e. Each employer receiving a grant for customized training services shall hire or retain in permanent employment each worker who successfully completes the training and instruction provided under the customized training. The employer shall be entitled to select the qualified employed, disadvantaged or displaced workers who will participate in the customized training, except that if any collective bargaining unit represents a qualified employed worker, the selection shall be conducted in a manner acceptable to both the employer and the collective bargaining unit. The commissioner shall provide for the withholding, for a time period he deems appropriate, of whatever portion he deems appropriate of program funding as a final payment for customized training services, contingent upon the hiring and retention of a program completer as required pursuant to this section. If an employer receiving a grant for customized training services pursuant to this section relocates or outsources any or all of the jobs out of the State for which the customized training services were provided under the grant within three years following the end date of the customized contract, the employer shall, if all of the jobs are relocated or outsourced, return all of the moneys provided to the employer by the State for customized training services, or, if only a portion of the jobs are relocated or outsourced, return a part of the moneys, deemed by the commissioner to be appropriate and proportional to the portion of the jobs relocated or outsourced, and the returned amount shall be deposited into the Workforce Development Partnership Fund. f. The customized training services provided to an approved applicant may include any combination of employment and training services or any single employment and training service approved by the commissioner, including remedial instruction provided to upgrade workplace literacy. Each service may be provided by a separate approved service provider. No training or employment service shall be funded through a customized training grant, unless the service is provided directly by an employer or is provided by an approved service provider. An employer who directly provides training and employment services to his own employees shall not be regarded as a service provider and shall not be subject to any requirement to obtain approval by the State as a service provider, including the requirements of section 13 of P.L.2005, c.354 (C.34:15C-10.1) to be approved as a qualifying school or the requirements of section 14 of P.L.2005, c.354 (C.34:15C-10.2) to be included on the State Eligible Training Provider List. g. Customized training services shall include any remedial instruction determined necessary pursuant to section 7 of this act. Applications for customized training services shall include estimates of the total need for remedial instruction determined in a manner deemed appropriate by the commissioner. h. Any business seeking customized training services shall, in the manner prescribed by the commissioner, participate in the development of a plan to provide the services. Any business seeking customized training services for workers represented by a collective bargaining unit shall notify the collective bargaining unit and permit it to participate in developing the plan. No customized training services shall be provided to a business employing workers represented by a collective bargaining unit without the written consent of both the business and the collective bargaining unit. i. Any business receiving customized training services shall be responsible for providing workers' compensation coverage for any worker participating in the customized training. j. The commissioner shall establish an annual goal that 15 percent or more of the jobs to be created or retained in connection with training supported by grants from the office shall be jobs provided to individuals who were recipients of benefits under the Work First New Jersey program at any time during the 12 months prior to being placed in the jobs. The means to attain the goal shall include coordinated efforts between the office and One Stop Career Centers to prepare recipients for employment and make them available to employers, but shall not include any policy which may penalize employers or discourage employers from using customized training service provided by the office. L.1992, c.43, s.5; amended 2004, c.39, s.11; 2005, c.354, s.22; 2017, c.22, s.2; 2019, c.278, s.2; 2019, c.500, s.3.
N.J. Stat. § 34:15D-5.1 Findings, declarations relative to under-represented participants in apprenticeships.
1. The Legislature finds and declares that women, minorities, and persons with disabilities are under-represented in the skilled trades and apprenticeship programs, despite the fact that these groups represent a large and growing portion of the workforce. As apprenticeship programs often lead to high paying jobs in growing industries, women, minorities, and persons with disabilities should be provided better access and support in benefitting from them. Although apprenticeships can benefit these groups, sometimes women, minorities, and persons with disabilities begin the programs, but leave before completion. One reason for this may be that the groups are under-represented. When they encounter harassment and discrimination or other difficulties, they may not have a trusted support network on which they can depend. For example, while all participants in federally-registered apprenticeship programs are required to receive a mentor, it is unlikely that the mentor would come from the same under-represented group as the participant. Participants who are not from under-represented groups would not face this dilemma. It is therefore an appropriate public purpose to begin, in the Department of Labor and Workforce Development, a peer-to-peer mentoring program for women, minorities, and persons with disabilities. L.2020, c.58, s.1.
N.J. Stat. § 34:15D-5.2 Establishment of peer-to-peer Statewide apprenticeship mentoring program for women, minorities, and persons with disabilities.
2. a. The Commissioner of Labor and Workforce Development, in consultation with the Commissioner of Education and the Chief Diversity Officer of New Jersey, shall establish a peer-to-peer Statewide apprenticeship mentoring program for women, minorities, and persons with disabilities. The purpose of the mentoring program is to provide mentoring and support services to women, minorities, and persons with disabilities throughout the State, as well as to establish a network of peers involved in apprenticeship groups among those groups. b. The Commissioner of Labor and Workforce Development shall analyze which groups of people are under-represented in industries throughout the State, and then form employee resource groups for apprentices involved in those industries. L.2020, c.58, s.2.
N.J. Stat. § 34:15D-6 Training grants.
6. a. The Workforce Development Partnership Program shall, to the extent that resources available in the fund permit, provide, for each qualified displaced or disadvantaged worker who undergoes counseling pursuant to section 7 of this act, a training grant to pay for employment and training services which are identified in the Employability Development Plan developed pursuant to that section for that worker. No training grant made pursuant to this subsection during the first 12 months following July 1, 1992 shall exceed the amount deemed reasonable by the commissioner for the particular training, which amount shall not exceed $4,000, except that the commissioner may permit an additional amount, if he deems it necessary to provide remedial education identified in the Employability Development Plan. b. The Workforce Development Partnership Program may provide, for any individual who is selected to receive a self-employment assistance allowance pursuant to section 4 of P.L.1995, c.394 (C.43:21-70), a training grant to pay for entrepreneurial training and technical assistance deemed necessary and appropriate by the commissioner to help the individual to become self-employed. A training grant made pursuant to this subsection shall be in an amount deemed reasonable by the commissioner for the particular training, but, during the first 12 months following January 1, 1996, shall not be in an amount which exceeds $400, or, if the grant is for training provided by any public institution of higher education indicated in N.J.S.18A:62-1, shall not be in an amount which exceeds $1,500. c. The maximum amounts permitted for training grants made pursuant to subsection a. or b. of this section may be adjusted annually thereafter by the commissioner, taking into consideration changes in the prevailing costs of services and the availability of alternative sources of funding for the services. Any cost for employment and training services which exceeds the amount of a training grant shall be the responsibility of the worker receiving the grant. The cost of counseling provided pursuant to section 7 of this act shall not be charged against the training grant. No portion of a training grant may be expended on wage subsidies. d. If the requirements of this section and sections 4 and 7 of this act are met, a qualified displaced, disadvantaged or employed worker shall not be denied a training grant for any of the following reasons: the training includes remedial education needed by the worker to advance in his current employment or occupation or to succeed in the vocational component of the training; the qualified displaced worker or other individual has identifiable vocational skills but the training services are needed to enable the individual to develop skills necessary to attain at least the level of self-sufficiency; the training is part of a program under which the worker may obtain any college degree enhancing the worker's marketable skills and earning power; the worker has previously received a training grant; the length of the training period under the program; or the lack of a prior guarantee of employment upon completion of the training. L.1992,c.43,s.6; amended 1995, c.394, s.11; 2001, c.152, s.10.
N.J. Stat. § 34:15D-6.1 Apprenticeship Start-Up Grant Program.
3. a. There is created in the Office of Customized Training in the Department of Labor and Workforce Development the Apprenticeship Start-Up Grant Program. The purpose of the program is to provide an incentive for eligible organizations to support the development and expansion of apprenticeship programs, which will provide additional opportunities for New Jersey's workforce to access careers in high-skill, high-wage occupations. b. An eligible organization may apply for a grant in an amount not to exceed $5,000 to offset the qualified start-up costs associated with the initial year of participation in an apprenticeship program or for a grant in an amount not to exceed $10,000 to offset the qualified start-up costs associated with the initial year of participation in an apprenticeship program that provides greater opportunities for workers in key industries. c. An eligible organization shall demonstrate to the commissioner that it has participated in the establishment or operation of an apprenticeship program within the 12-month period before applying for a grant. An eligible organization shall submit an application in such form as shall be required by the commissioner. The application shall require, at a minimum, an eligible organization to submit to the department a report to verify the qualified start-up costs incurred by an eligible organization associated with the initial year of participation in an apprenticeship program. The report shall include such information as shall be determined necessary by the department to substantiate the qualified start-up costs incurred by an eligible organization. d. As used in this section: "Apprenticeship program" means a registered program providing to each trainee combined classroom and on-the-job training under the direct and close supervision of a highly skilled worker in an occupation recognized as an apprenticable trade, and: (1) registered by the Office of Apprenticeship of the U.S. Department of Labor and meeting the standards established by that office; or (2) registered by a State apprenticeship agency recognized by the office. "Eligible organization" means a labor union or an organization exempt from taxation pursuant to paragraph (3) of subsection (c) of section 501 of the federal Internal Revenue Code, (26 U.S.C. s.501(c)(3)). "Key industry" means an industry that makes or could make an important contribution to the economy of the State, which may include, but not be limited to advanced manufacturing, construction, healthcare, logistics, pharmaceuticals, transportation, tourism, and renewable energy defined by the department in accordance with regulations adopted pursuant to P.L.2019, c.417 (C.54:10A-5.44 et al.). "Qualified start-up costs" means the ordinary and necessary costs to start an apprenticeship program in that industry and occupation, including the salary costs of employees working on the program and, if applicable, the non-recurring costs of fixed telecommunication furnishings and office equipment.
L.2019, c.417, s.3.
N.J. Stat. § 34:15D-6.2 Apprentice Assistance and Support Services Pilot Program.
1. a. There is established in the Department of Labor and Workforce Development a five-year Apprentice Assistance and Support Services Pilot Program. The purpose of the program shall be to address two significant barriers to individuals participating in apprenticeships, lack of affordable and reliable transportation and lack of affordable, high-quality childcare, by providing stipends to eligible individuals participating in apprenticeships. To be eligible for the program, an individual is required to participate in an apprenticeship program accredited and approved by the United States Department of Labor. b. The assistance provided by the pilot program shall consist of two components: (1) Transportation assistance: If an individual travels five miles or more to a job site for work or to a classroom for apprenticeship training, the individual is eligible to receive mileage reimbursement at 50 percent of the current federal rate, or reimbursement of documented expenditures on public transportation, up to $500 per individual per year. (2) Child Care Stipend: An individual who, after the effective date of this act, enters into a qualified apprenticeship in accordance with subsection a. of this section shall be eligible for a child care stipend funded by the Apprentice Assistance and Support Services Pilot Program and provided through the Department of Labor and Workforce Development if the individual's income and assets exceed the maximum allowable income and asset criteria under the Child Care Subsidy Program administered by the Department of Human Services. Nothing in P.L.2019, c.419 (C.34:15D-6.2 et al.) shall preclude an individual who receives a child care subsidy from the Department of Human Services from receiving a child care stipend under P.L.2019, c.419 (C.34:15D-6.2 et al.) if the subsidy received from the Department of Human Services is insufficient to cover the actual cost of child care incurred by the individual. Individuals receiving a child care stipend shall utilize a licensed child care provider, registered family care provider, or a home or summer camp that is approved by the State. The stipend provided shall be as follows, but in no event, shall exceed $10,000 per individual per year: (a) up to $10,000 for child care paid during the first year following the individual's date of apprentice registration and dispatch; (b) up to $7,500 for child care paid during the second year following the individual's date of apprentice registration and dispatch; and (c) up to $5,000 for child care paid during the third year following the individual's date of apprentice registration and dispatch. c. To receive transportation assistance in accordance with paragraph (1) of subsection b. of this section, an individual shall apply to the Department of Labor and Workforce Development for reimbursement for travel expenses related to the individual's apprenticeship. As part of the individual's application, the individual is required to provide documentation that the apprenticeship in which the individual is participating is accredited and approved by the United States Department of Labor. d. To receive a child care stipend in accordance with paragraph (2) of subsection b. of this section, an individual shall apply to the Department of Labor and Workforce Development for child care costs incurred as a result of the individual's commitment to the apprenticeship. As part of the individual's application, the individual is required to provide documentation that the apprenticeship in which the individual is participating is accredited and approved by the United States Department of Labor. An individual shall also provide documentation of the costs of child care, which shall include documentation that the child care is utilized during the days and times in which the individual is participating in the apprenticeship. The funding shall be allocated by the Department of Labor and Workforce Development in accordance with section 9 of P.L.1992, c.43 (C.34:15D-9). e. In determinations of which eligible apprentices are to receive assistance under the Apprentice Assistance and Support Services Pilot Program, the Department of Labor and Workforce Development shall give first priority to apprentices who: (1) belong to a group that, based on their race, color, religion, national origin, sex, sexual orientation, disability, or age, is underrepresented in the career field of the apprenticeship; (2) were eligible to receive benefits under the Work First New Jersey program or the Supplemental Nutrition Assistance Program within twelve months preceding the beginning of the apprenticeship but no longer qualify to receive those benefits ; (3) are displaced workers; (4) were previously incarcerated ; or (5) are veterans. f. No later than January 1, 2023, the Commissioner of Labor and Workforce Development shall submit to the Governor, and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a report that evaluates the results of the pilot program and its effectiveness in assisting program participants in entering the workforce or in obtaining better employment. The report shall include a recommendation regarding whether to renew the Apprentice Assistance and Support Services Pilot Program, and if renewal is recommended, if the program should be expanded or otherwise enhanced. L.2019, c.419, s.1.
N.J. Stat. § 34:15D-7 Counseling.
7. Counseling shall be made available by the department to each qualified displaced worker or qualified disadvantaged worker applying to participate in the Workforce Development Partnership program and, in the case of a qualified disadvantaged worker who is a recipient of, or eligible for, benefits under the Work First New Jersey Program, to participate in the Workforce Development Partnership program or in any of those employment-directed workforce development programs or activities transferred to the Department of Labor and Workforce Development pursuant to section 2 of P.L.2004, c.39 (C.34:1A-1.3) which provide employment and training services as defined in section 3 of P.L.1992, c.43 (C.34:15D-3), including the services indicated in paragraphs (11) through (16) of subsection b. of section 2 of P.L.2004, c.39 (C.34:1A-1.3). Counseling may also be made available to a qualified employed worker who seeks remedial instruction or is selected to participate in a customized training program, if the worker's employer requests the counseling. The counseling shall be provided by a job counselor hired and employed by the State pursuant to Title 11A, Civil Service, of the New Jersey Statutes, or hired and employed by a political subdivision of the State, or be provided by a qualified job counselor hired and employed by a non-profit organization which began functioning as the One Stop Career Center operator with the written consent of the chief elected official and the commissioner prior to the effective date of P.L.2004, c.39 (C.34:1A-1.2 et al.), or be provided by a qualified job counselor hired and employed by an approved community-based or faith-based organization to provide counseling which the organization entered into an agreement to provide before the effective date of P.L.2004, c.39 (C.34:1A-1.2 et al.), or be provided by a qualified business counselor hired and employed by an approved community-based or faith-based organization to provide counseling for individuals seeking to embark upon a microenterprise self-employment venture. In the case of a qualified disadvantaged worker who is a recipient of, or is eligible for, benefits under the Work First New Jersey Program, the counseling provided pursuant to this section shall be the counseling for the provision of employment and training services either under the Workforce Development Partnership program or under programs or activities transferred to the Department of Labor and Workforce Development pursuant to section 2 of P.L.2004, c.39 (C.34:1A-1.3), but the counseling provided pursuant to this section shall be provided in conjunction and in coordination with counseling provided in connection with any services, other than training and employment services, made available to the disadvantaged worker under programs or activities transferred to the Department of Labor and Workforce Development pursuant to section 2 of P.L.2004, c.39 (C.34:1A-1.3). The purpose of any job counseling made available pursuant to this section is to assist each worker in obtaining the employment and training services most likely to enable the worker to obtain employment providing self-sufficiency for the worker and also to provide the worker with the greatest opportunity for long-range career advancement with high levels of productivity and earning power. The purpose of any business counseling provided pursuant to this section is to assist each individual seeking to embark upon a microenterprise self-employment venture with counseling by qualified business counselors determined to be necessary and appropriate for the success of the microenterprise self-employment venture. The counseling shall include: a. Testing and assessment of the worker's job skills and aptitudes, including the worker's literacy skills and other basic skills. Basic skills testing and assessment shall be provided to the worker unless information is provided regarding the worker's educational background and occupational or professional experience which clearly demonstrates that the worker's basic skill level meets the standards established pursuant to section 14 of P.L.1989, c.293 (C.34:15C-11) or unless the worker is already participating in a remedial instruction program which meets those standards; b. An evaluation by a qualified job counselor of what remedial instruction, or by a qualified business counselor of what microenterprise self-employment training, if any, is determined to be necessary for the worker to advance in his current career or occupation, or microenterprise self-employment venture, or to succeed in any particular occupational training which the worker would undertake under the program, provided that the remedial instruction shall be at a level not lower than that needed to meet the standards established pursuant to section 14 of P.L.1989, c.293 (C.34:15C-11); c. The provision to the worker of information regarding any of the labor demand occupations for which training meets the requirements of section 4 of P.L.1992, c.43 (C.34:15D-4) in the worker's case, including information about the wage levels in those occupations, the profitability of self-employed microentrepreneurs in those occupations, and information regarding the effectiveness of approved service providers of occupational training, or microenterprise training, in occupations which the worker is considering, including a consumer report card on service providers showing the long-term success of former trainees of each provider in obtaining permanent employment, or establishing a self-employed microenterprise business, and increasing earnings over one or more time periods following the completion or other termination of training, including a period of two years following the completion or other termination of training; d. The timely provision of information to the worker regarding the services and benefits available to the worker, and all actions required of the worker to obtain the services and benefits, under the provisions of P.L.1992, c.43 (C.34:15D-1 et seq.) and P.L.1992, c.47 (C.43:21-57 et al.), and under the Work First New Jersey program in the case of a qualified disadvantaged worker receiving or eligible for benefits under that program; and the provision to the worker of a written statement of the worker's rights and responsibilities with respect to programs for which the worker is eligible, which includes a full disclosure to the worker of the worker's right to obtain the services most likely to enable the worker to obtain employment providing self-sufficiency and the workers' right not to be denied training services for any of the reasons indicated in subsection d. of section 6 of P.L.1992, c.43 (C.34:15D-6), including the worker's right not to be denied training services because the worker already has identifiable occupational skills, if those existing skills are for employment with a level of earnings lower than the level of self-sufficiency; e. Discussion with the counselor of the results of the testing and evaluation; and f. The development of a written Employability Development Plan identifying the training, employment and other workforce investment services, including any needed remedial instruction, to be provided to the worker pursuant to this act. In the case of a qualified disadvantaged worker, the Employability Development Plan will be, to the greatest extent possible while remaining in compliance with any applicable federal requirements, coordinated and made consistent with any individual responsibility plan developed for the worker under the Work First New Jersey program. In the case of a qualified disadvantaged worker who is or was receiving, or who is eligible for but not receiving, benefits under the Work First New Jersey program, and who does not have a marketable bachelor's degree, the counselor may approve, as part of the workers' Employability Development Plan, the replacement of Work First New Jersey program benefits by Supplemental Workforce Development Benefits paid to the disadvantaged worker for full-time educational activity without, or with insufficient, other work activity from available resources for employment-directed and workforce development programs and activities transferred from the Department of Human Services pursuant to section 2 of P.L.2004, c.39 (C.34:1A-1.3) or from the account of the Workforce Development Partnership Fund reserved for qualified disadvantaged workers pursuant to subsection b. of section 9 of P.L.1992, c.43 (C.34:15D-9), for any period of time for which the counselor determines that: (1) Full-time remedial instruction to obtain a high school diploma or G.E.D. or full-time post-secondary education in a two-year or four-year degree-granting educational program with a course of study related to work, even if the duration of the full-time education is longer than two years, is the training and employment service that is most likely to enable the worker to obtain employment providing self-sufficiency; (2) The worker has responsibility during that period of time for the care of dependent children or other family members unable to care for themselves the magnitude of which, if added to the full-time instructional or educational activities indicated in paragraph (1) of this subsection, make it likely that any additional work activity will jeopardize the success of the instructional or educational activity; and (3) Providing Work First New Jersey program benefits to the worker during that period of time for the full-time instructional or educational activity without, or with insufficient, work activities would result in a loss of benefits for the worker pursuant to section 9 of P.L.1997, c.38 (C.44:10-63) or would be counted toward the maximum limit of 60 cumulative months of Work First New Jersey program benefits provided to the worker pursuant to section 2 of P.L.1997, c.37 (C.44:10-72). With respect to the use of the funds deposited during any fiscal year in the account of the Workforce Development Partnership Fund reserved for qualified disadvantaged workers pursuant to subsection b. of section 9 of P.L.1992, c.43 (C.34:15D-9), first priority shall be given for the payment of Supplemental Workforce Development Benefits pursuant to this subsection. Not more than 1,500 qualified disadvantaged workers shall receive Supplemental Workforce Development Benefits pursuant to this subsection at any one time. With respect to using available resources for employment-directed and workforce development programs and activities transferred from the Department of Human Services pursuant to section 2 of P.L.2004, c.39 (C.34:1A-1.3) for Supplemental Workforce Development Benefits, no federal funds which are part of those resources may be used for Supplemental Workforce Development Benefits which result in the imposition of conditions of participation other than those established by this subsection. If federal funds are used for childcare costs of a participant, the Department of Human Services may transfer the funds to the Child Care and Development Block Grant, as permitted by law and as needed to permit the use of the federal funds while preventing any loss of benefits to the participant and preventing the childcare time from being counted toward the participant's maximum limit of 60 cumulative months of Work First New Jersey program benefits. The counselor shall assist in facilitating the use, to the maximum extent possible, of Pell grants or other available educational grants to pay for tuition and other educational costs of a recipient of Supplemental Workforce Development Benefits provided pursuant to this section. The requirements for receiving Supplemental Workforce Development Benefits may include work-site experience which will enhance the participant's employability in the participant's field, provided that the required sum of class hours for a full-time class schedule, hours of study time at not less than one and one half times class time, and hours of work-site experience, shall not exceed 40 hours per week and that the commissioner shall adopt regulations for reasonable adjustments in participation requirements for good cause, including verifiable needs related to physical or mental health problems, illness, accident or death or serious personal or family problems that necessitate reduced participation, provided further that no individual shall receive Supplemental Workforce Development Benefits for a period of more than five years. The commissioner shall adopt regulations setting standards for satisfactory academic progress for continued participation. Participation may not be denied for any of the reasons which subsection d. of section 6 of P.L.1992, c.43 (C.34:15D-6) prohibits from being used to deny training grants. For the purposes of this section, "Work First New Jersey benefits" means benefits for which a worker and the worker's family would be eligible if the worker was participating in the Work First New Jersey program or any successor program to the Work First New Jersey program. Counseling made available at the request of an employer participating in a customized training program may include only those components requested by the employer. All information regarding a worker applicant or trainee which is obtained or compiled in connection with the testing, assessment and evaluation and which may be identified with the worker shall be confidential and shall not be released to an entity other than the worker, the counselor, the department or partners of the One-Stop system as necessary for them to provide training and employment services or other workforce investment services to the individual, unless the worker provides written permission to the department for the release of the information or the information is used solely for program evaluation. L.1992, c.43, s.7; amended 2001, c.152, s.11; 2004, c.39, s.12; 2005, c.354, s.23; 2017, c.25, s.2.
N.J. Stat. § 34:15D-8 Employment, training services; criteria.
8. a. No employment and training services shall be obtained from a service provider with moneys from the fund unless the provider is located in New Jersey and the provider is an approved service provider, except that, in the case of occupational safety and health training, the service provider shall be approved by the commissioner in consultation with the Commissioner of Health and Senior Services. b. No service provider shall be approved to be funded by the program to provide an employment and training service unless the provider agrees to provide the service to each trainee referred to it on a first-come, first-served basis, up to the total number of trainees that the provider agrees to serve. This subsection shall not be construed as limiting or curtailing in any way an employer's right to select the workers who participate in customized training pursuant to the provisions of subsection e. of section 5 of this act. c. Each service provider shall maintain, make available and submit appropriate records and data for monitoring and evaluation purposes, as required by the State Employment and Training Commission and the department. The records and data shall include, but not be limited to: (1) A record for each student enrolled, including the student's name, Social Security number, gender, date of birth, date of enrollment, and any date of completion, termination, start in a job or application for a license, any licensing examination result, date of issue of a license or credential issued, and any other information specified by the State Employment and Training Commission or the Center for Occupational Employment Information. For any individual who does not have a Social Security number, the service provider may substitute an alternate method of identification, except that, at the time of start into employment, the alternate code shall be cross-referenced with the individual's valid Social Security number; (2) A record of all administrative and overhead expenses of the provider related to the providing of employment and training services funded by the program and the provider's direct expenses of providing the services; and (3) Any other information deemed appropriate by the commissioner or the State Employment and Training Commission for evaluation purposes. d. In the case of a provider of occupational training services, the commissioner shall collect the information needed to effectively measure the long-term success of the former trainees of the provider in obtaining permanent employment and increasing earnings over one or more time periods following the completion or other termination of training, including a period of two years following the completion or other termination of training. The commission shall set such standards as it deems appropriate regarding comparisons of the former trainees with groups of otherwise similar individuals who did not receive the training. The information obtained pursuant to this subsection shall be used to: (1) Assist in evaluating the performance of providers of occupational training services; (2) Assist in determining which providers of occupational training services to place on the State Eligible Training Provider List; (3) Assist in providing reliable information regarding the quality of available providers of occupational training services as part of the counseling provided pursuant to section 7 of this act, including the furnishing, for use in the counseling, including counseling provided pursuant to section 4 of P.L.1992, c.48 (C.34:15B-38), section 7 of P.L.1992, c.43 (C.34:15D-7) and section 3 of P.L.1992, c.47 (C.43:21-59), of a consumer report card on service providers showing the long-term success of former trainees of each provider in obtaining permanent employment and increasing earnings over one or more time periods following the completion or other termination of training, including a period of two years following the completion or other termination of training; and (4) Assist in evaluating the overall effectiveness of training funded by the program. e. The State Employment and Training Commission, the commissioner, and each service provider shall comply with all pertinent State and federal laws regarding the privacy of students and other participants in employment and training programs, including but not limited to, the Privacy Act of 1974, Pub. L.93-579 (5 U.S.C. s.552 and 20 U.S.C. s.1232g), and shall provide all disclosures to the students and participants required by those laws. L.1992,c.43,s.8; amended 2005, c.354, s.24.
N.J. Stat. § 34:15D-9 Workforce Development Partnership Fund.
9. a. A restricted, nonlapsing, revolving Workforce Development Partnership Fund, to be managed and invested by the State Treasurer, is hereby established to: provide employment and training services to qualified displaced, disadvantaged and employed workers by means of training grants or customized training services; provide for the other costs indicated in subsection a. of section 4 of P.L.1992, c.43 (C.34:15D-4); provide for the New Jersey Innovation and Research Fellowship Program as provided for in section 3 of P.L.2015, c.235 (C.34:15D-26); provide for the Talent Network Program as provided for in section 2 of P.L.2019, c.125 (C.34:15D-29); and facilitate the provision of education and training to youth by means of grants provided by the Youth Transitions to Work Partnership pursuant to the provisions of P.L.1993, c.268 (C.34:15E-1 et al.). All appropriations to the fund, all interest accumulated on balances in the fund and all cash received for the fund from any other source shall be used solely for the purposes specifically delineated by this act. b. During any fiscal year beginning after June 30, 2001, of the total revenues dedicated to the program during any one fiscal year: (1) 25% shall be deposited in an account of the Workforce Development Partnership Fund reserved to provide employment and training services for qualified displaced workers, and through fiscal year 2023, not less than 10% of the revenues deposited in that account shall be reserved to provide employment and training services to qualified displaced workers in the pursuit of industry-valued credentials under the pilot program established pursuant to P.L.2019, c.252 (C.34:15D-30 et al.); and during any fiscal year beginning after June 30, 2019, 0.5% shall be deposited in an account of the Workforce Development Partnership Fund reserved for an appropriated to the Department of Labor and Workforce Development for the Apprenticeship Start-Up Grant Program created pursuant to section 3 of P.L.2019, c.417 (C.34:15D-6.1); (2) 6% shall be deposited in an account of the Workforce Development Partnership Fund reserved to provide employment and training services for qualified disadvantaged workers, and through fiscal year 2023, not less than 10% of the revenues deposited in that account shall be reserved to provide employment and training services to qualified disadvantaged workers in the pursuit of industry-valued credentials under the pilot program established pursuant to P.L.2019, c.252 (C.34:15D-30 et al.); (3) 37% prior to July 1, 2022, and 35% after June 30, 2022 shall be deposited in an account of the Workforce Development Partnership Fund reserved for and appropriated to the Office of Customized Training; (4) 5% prior to July 1, 2022, and 7% after June 30, 2022 shall be deposited in an account of the Workforce Development Partnership Fund reserved for the Youth Transitions to Work Partnership created pursuant to P.L.1993, c.268 (C.34:15E-1 et seq.); (5) 3% shall be deposited in an account of the Workforce Development Partnership Fund reserved for occupational safety and health training; (6) 5% shall be deposited in an account of the Workforce Development Partnership Fund reserved for and appropriated to the Talent Network Program established pursuant to section 2 of P.L.2019, c.125 (C.34:15D-29); (7) 3% shall be deposited in an account of the Workforce Development Partnership Fund reserved for the New Jersey Innovation and Research Fellowship Program established pursuant to section 3 of P.L.2015, c.235 (C.34:15D-26); (8) 10% shall be deposited in an account of the Workforce Development Partnership Fund reserved for administrative costs as defined in section 3 of P.L.1992, c.43 (C.34:15D-3); (9) 0.5% shall be deposited in an account of the Workforce Development Partnership Fund reserved for the State Employment and Training Commission to design criteria and conduct an annual evaluation of the program; and (10) 5% shall be deposited in an account of the Workforce Development Partnership Fund to be used, at the discretion of the commissioner, for any of the purposes indicated in subsection a. of section 4 of P.L.1992, c.43 (C.34:15D-4). c. Beginning January 1, 1995, through June 30, 2002, the balance in the fund as of the previous December 31, as determined in accordance with generally accepted accounting principles, shall not exceed 1.5 times the amount of contributions deposited for the calendar year then ended. If the balance exceeds this amount, the excess shall be deposited into the unemployment compensation fund within seven business days of the date that the determination is made. d. Beginning July 1, 2002, and for any subsequent fiscal year, if the unexpended cash balance in any of the accounts indicated in subsection b. of this section, except for the account reserved for the Talent Network Program, less any amount awarded in grants but not yet disbursed from the account, is determined to exceed 20% of the amount of contributions collected for deposit in the account pursuant to this subsection during the fiscal year then ended, the excess shall be regarded as an unemployment compensation contribution and deposited into the unemployment compensation fund within seven business days of the date that the determination is made. If the unexpended cash balance in the account reserved for the Talent Network Program, less any amount awarded in grants but not yet disbursed from the account, is determined to exceed 20% of the amount of contributions collected for deposit in the account pursuant to this subsection during the fiscal year then ended, the excess shall be deposited into the Workforce Development Partnership Fund account reserved for the Office of Customized Training. e. $250,000 shall be allocated to the Apprentice Assistance and Support Services Pilot Program established pursuant to section 1 of P.L.2019, c.419 (C.34:15D-6.2) from the $29,690,000 which was appropriated pursuant to the annual appropriations act for State fiscal year 2019 from the Workforce Development Partnership Fund for the purpose of funding Work First New Jersey Work Activities and Work First New Jersey-Training Related Expenses, and, $1,100,000 shall be allocated to the pilot program in each of fiscal years 2020, 2021, 2022, 2023, and 2024 from the amounts appropriated pursuant to the annual appropriations act in those fiscal years from the Workforce Development Partnership Fund for the purpose of funding Work First New Jersey Work Activities and Work First New Jersey-Training Related Expenses. Of the funds allocated to the pilot program pursuant to this subsection, 90% shall be dedicated to the Child Care Stipend program and 10% to transportation reimbursement. f. Upon the effective date of P.L.2022, c.89 (C.34:15E-6 et al.) and notwithstanding the provisions of any law or regulation to the contrary, in addition to the amount deposited in an account of the Workforce Development Partnership Fund reserved for the Youth Transitions to Work Partnership pursuant to subsection b. of this section, $1,000,000 shall be allocated to the Youth Transitions to Work Partnership from the $22,500,000 which was appropriated pursuant to the annual appropriations act for State fiscal year 2022 from the Workforce Development Partnership Fund for the purpose of funding the NJ Apprenticeship Network, the Career Accelerator Internship Program, the Workforce Development Policy and Evaluation Lab, the NJ Career Network, and such other priority workforce initiatives recommended by the Commissioner of Labor and Workforce Development. L.1992, c.43, s.9; amended 1993, c.268, s.10; 2001, c.152, s.12; 2015, c.235, s.2; 2019, c.125, s.3; 2019, c.252, s.3; 2019, c.417, s.4; 2019, c.419, s.2; 2022, c.89, s.2.
N.J. Stat. § 34:15D-10 Commissioner's duties
10. The commissioner shall, in a manner which complies with all provisions of this act: a. Implement performance measurements for the program consistent with the provisions of section 8 of this act and with the criteria and procedures established by the State Employment and Training Commission pursuant to section 13 of this act; b. Establish minimum standards for consideration of proposals from applicants for customized training services; c. Establish review and approval procedures for training grant applications from qualified displaced and disadvantaged workers; and d. Ensure the provision of adequate fiscal accounting controls for the monitoring and auditing of training grants and customized training services provided pursuant to this act. L.1992,c.43,s.10.
N.J. Stat. § 34:15D-11 Rules, regulations
11. The commissioner shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to govern the proper conduct and operation of the program consistent with the provisions of this act. These rules and regulations may include guidelines in addition to, but not inconsistent with, those provided by this act regarding: a. Contracts between applicants for customized training services, the program, service providers or any combination of the three; b. The issuance of training grants to qualified displaced and disadvantaged workers; c. Eligibility and priority of employment and training services to employers and qualified displaced, disadvantaged and employed workers; and d. Qualifications of instruction, facilities, financial responsibility, business practices, and any other matter essential to the maintenance of the adequacy of employment and training services. L.1992,c.43,s.11.
N.J. Stat. § 34:15D-12 Definitions
1. For the purposes of sections 1 through 9 of this act: "Commissioner" is the Commissioner of Labor, or designee of the commissioner. "Department" means the New Jersey Department of Labor. "Employer" means any employer subject to R.S.43:21-1 et seq. "Fund" or "Workforce Development Partnership Fund" means the Workforce Development Partnership Fund created pursuant to section 9 of P.L.1992, c.43 (C.34:15D-9). L.1992,c.44,s.1.
N.J. Stat. § 34:15D-13 Employer and worker contributions
2. Beginning on January 1, 1993, each worker shall contribute to the Workforce Development Partnership Fund an amount equal to 0.025% of the worker's wages as determined in accordance with paragraph (3) of subsection (b) of R.S.43:21-7 regarding the worker's employment with an employer. Also beginning on January 1, 1993, each employer shall contribute to the Workforce Development Partnership Fund an amount equal to the amount that the employer's contribution to the Unemployment Compensation Fund is decreased pursuant to subparagraph (G) of paragraph (5) of subsection (c) of R.S.43:21-7. L.1992,c.44,s.2; amended 1995,c.422,s.4.
N.J. Stat. § 34:15D-14 Transfer of funds to Workforce Development Partnership Fund
3. The State Treasurer is hereby authorized and directed to requisition and withdraw on or after July 1, 1992 an amount not to exceed $25,000,000 from revenues received pursuant to paragraph (1) of subsection (e) of R.S.43:21-7, at the discretion of the commissioner, from the State disability benefits fund established pursuant to section 22 of P.L.1948, c.110 (C.43:21-46) and to deposit the sum in the Workforce Development Partnership Fund. No transfers may be made from the State disability benefits fund to the Workforce Development Partnership Fund at any time after one year following the effective date of this act. The amount transferred shall be repaid to the State disability benefits fund with interest at the rate earned by the investments made with moneys remaining in the State disability benefits fund. The repayment period shall not exceed three years and shall begin no later than January 1, 1994. For purposes of determining the balance in the State disability benefits fund as prescribed pursuant to subsubparagraph (1) of subparagraph (E) of paragraph (3) of subsection (e) of R.S.43:21-7, the amount of any outstanding advances to the Workforce Development Partnership Fund along with accrued interest shall be included therein. L.1992,c.44,s.3.
N.J. Stat. § 34:15D-15 Employer responsibilities for workers' contributions
4. Notwithstanding the provisions of any other law to the contrary, each employer shall: withhold in trust the amount of all workers' contributions from their wages at the time wages are paid, show the deduction on the payroll records, furnish the evidence thereof and permit any inspection of the records as prescribed by the commissioner, and transmit all workers' contributions and other contributions due from the employer pursuant to this act to the department in a manner and at the times that the commissioner prescribes. Interest and any expense to the department of recovery may be assessed by the commissioner on payments not made within the prescribed due dates at the same rate as provided for pursuant to paragraph (1) of subsection (a) of R.S.43:21-14. If any employer fails to deduct the contributions of any workers at the time their wages are paid, or fails to make a deduction therefor at the time wages are paid for the next succeeding payroll period, the employer shall be solely liable for those contributions. L.1992,c.44,s.4.
N.J. Stat. § 34:15D-16 Failure of employer to make report; deficiencies
5. If an employer fails to make any report or permit any inspection required by the commissioner to implement the provisions of this act, an estimate shall be made regarding the liability of the employer from information available and the employer shall be assessed for any amount due, including the amount that was withheld or that should have been withheld from its employees for deposit into the fund. Also, if, after an examination of any report filed, a deficiency is discovered with respect to the taxable wages reported, the employer shall be assessed the amount of any determined deficiency. Additional remedies through the court may be established by the commissioner, including the charging of any expenses incurred by the department in recovering the assessment. L.1992,c.44,s.5.
N.J. Stat. § 34:15D-17 Refund to taxpayer
6. a. If an employee receives wages from more than one employer during any calendar year, and the sum of the employee's contributions deposited in the Workforce Development Partnership Fund exceeds an amount equal to 0.025% of the wages determined in accordance with the provisions of paragraph (3) of subsection (b) of R.S.43:21-7 during the calendar year beginning January 1, 1993 or any subsequent calendar year, the employee shall be entitled to a refund of the excess if a claim establishing the employee's right to the refund is made within two years after the end of the respective calendar year in which the wages are received and are the subject of the claim. The commissioner shall refund any overpayment from the fund without interest. b. Any employee who is a taxpayer and entitled, pursuant to the provisions of subsection a. of this section, to a refund of contributions deducted during a tax year from his wages shall, in lieu of the refund, be entitled to a credit in the full amount thereof against the tax otherwise due on his New Jersey gross income for that tax year if he submits his claim for the credit and accompanies that claim with evidence of his right to the credit in the manner provided by regulation by the Director of the Division of Taxation. In any case in which the amount, or any portion thereof, of any credit allowed hereunder results in or increases an excess of income tax payment over income tax liability, the amount of the new or increased excess shall be considered an overpayment and shall be refunded to the taxpayer in the manner provided by subsection (a) of N.J.S.54A:9-7. L.1992,c.44,s.6; amended 1995,c.422,s.5.
N.J. Stat. § 34:15D-18 Cancellation, refusal to honor checks
7. The State Treasurer, as treasurer and custodian of the Workforce Development Partnership Fund, is hereby authorized and directed to cancel of record and to refuse to honor checks issued against the fund which have not been presented for payment within six years from the date of issuance. Upon that cancellation, revenues held on deposit for payment of the checks shall be credited to the fund. L.1992,c.44,s.7.
N.J. Stat. § 34:15D-19 Schedule of fines
8. A schedule of fines, no fine exceeding $1,000 for a single offense, shall be established by the commissioner for any of the following actions or omissions with respect to the collection of contributions or the use of moneys disbursed from the fund: a. A false statement or misrepresentation made knowingly; b. Failure to disclose a material fact; c. Attempt to defraud; d. Willful failure or refusal to: withhold or transfer any contribution or other payment; furnish any report or information; or produce or permit the inspection or copying of records as required pursuant to this act; and e. Willful violation of any provision of this act or any rule or regulation promulgated pursuant to this act. The fines shall be recoverable in a civil action by the commissioner in the name of the State of New Jersey. In addition to penalties established for any person, employing unit, employer or entity, each shall be liable for each offense upon conviction before any court of competent jurisdiction at the discretion of the court. All fines shall be payable to the commissioner for deposit in the fund. L.1992,c.44,s.8.
N.J. Stat. § 34:15D-20 Rules, regulations
9. The commissioner shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) promulgate rules and regulations necessary to implement the provisions of this act, including any requirements regarding the keeping and reporting of records and any sanctions against false statement, misrepresentation, willful violations or fraud. L.1992,c.44,s.9.
N.J. Stat. § 34:15D-21 "Supplemental Workforce Fund for Basic Skills."
1. a. A restricted, nonlapsing, revolving "Supplemental Workforce Fund for Basic Skills," to be managed and invested by the State Treasurer, is hereby established in the Department of Labor and Workforce Development to provide basic skills training. All moneys appropriated to the fund, all interest accumulated on balances in the fund and all cash received for the fund from any other source shall be allocated by the Commissioner of Labor and Workforce Development as follows: (1) 24% shall be deposited in an account reserved to support basic skills training delivered by the State's One Stop Career Centers to qualified displaced, disadvantaged and employed workers pursuant to Employability Development Plans developed pursuant to section 7 of P.L.1992, c.43 (C.34:15D-7); (2) 28% shall be deposited in an account reserved for Workforce Investment Boards to provide grants for basic skills training for qualified displaced, disadvantaged and employed workers pursuant to Employability Development Plans developed pursuant to section 7 of P.L.1992, c.43 (C.34:15D-7) and for other individuals with learning disabilities or otherwise in need of vocational rehabilitation services; (3) 25% shall be deposited in an account reserved for grants to consortia including one or more of any of the following: eligible individual employers, employer organizations, labor organizations, community-based organizations or educational institutions to provide basic skills training to qualified displaced, disadvantaged or employed workers or to other individuals seeking to enter apprenticeship training; except that, during the fiscal year beginning after June 30, 2019, 12.5% shall be deposited in an account reserved for grants to consortia including one or more of any of the following: eligible individual employers, employer organizations, labor organizations, community-based organizations or educational institutions to provide basic skills training to qualified displaced, disadvantaged or employed workers or to other individuals seeking to enter apprenticeship training, and 12.5% shall be deposited in an account reserved to provide grants under the High-Growth Industry Regional Apprenticeship Development Grant Pilot Program, established pursuant to section 1 of P.L.2019, c.314 (C.34:15D-32) through fiscal year 2024; (4) 13%, but not less than $3 million, shall be deposited in an account reserved for a grant to the New Jersey Community College Consortium for Workforce and Economic Development, a part of the New Jersey Council of County Colleges, to provide basic skills training to qualified displaced, disadvantaged or employed workers. If the 13% is less than $3 million, an additional amount shall be deposited into this account either from the 87% deposited pursuant to paragraphs (1), (2), (3), and (5) of this subsection or from other funds as determined by the commissioner until this account equals $3 million; and (5) 10% shall be deposited in an account to be used, at the discretion of the commissioner, for any of the purposes indicated in this subsection a. and any administrative costs incurred by the Department of Labor and Workforce Development in connection with the fund. b. Any grant provided in connection with paragraph (3) of subsection a. of this section directly to an employer or to an employer through a consortium shall be regarded as a customized training grant and shall be administered by the Office of Customized Training and the employer and consortium shall comply with all requirements of section 5 of P.L.1992, c.43 (C.34:15D-5), except that any grants provided directly or indirectly to an employer for use in connection with any program which includes apprenticeship training or activities or preparation for entry into apprenticeship training shall be exempt from the requirement of this subsection b. to be administered by the Office of Customized Training and be subject to the requirements of section 5 of P.L.1992, c.43 (C.34:15D-5), if it is approved by the Apprenticeship Policy Committee, as defined in section 3 of P.L.1993, c.268 (C.34:15E-3), and the employer complies with the provisions of subsection e. of section 5 of P.L.1993, c.268 (C.34:15E-5). Any grant provided in connection with paragraph (2) of subsection a. of this section directly to an individual shall be regarded as an individual training grant and shall be subject to the requirements of subsections a., c. and d. of section 6 of P.L.1992, c.43 (C.34:15D-6). Also, any funds provided in connection with paragraph (4) of subsection a. of this section shall be provided to the New Jersey Community College Consortium for Workforce and Economic Development by the Office of Customized Training, and shall comply with the following requirements: (1) The New Jersey Community College Consortium for Workforce and Economic Development shall work with all the community colleges throughout the State of New Jersey to deliver basic skills training in the most effective and efficient manner possible at any of their 63 campuses or at any appropriate business facility; (2) There shall be no charge to the employer sending employees to the training, but the employer shall pay employees regular wages for the hours the training takes place, except that any waiver of this requirement to pay employees regular wages, for the hours of training, authorized by the Commissioner of Labor and Workforce Development, may, at the discretion of the commissioner, be offered to the New Jersey Community College Consortium for Workforce and Economic Development on the same basis as any other grant recipient; (3) The employers sending their employees to this training shall not be asked to provide any paperwork or complete any financial disclosure forms, including a tax clearance certificate as provided in section 1 of P.L.2007, c.101 (C.54:50-39), except that employers shall provide the employees participating in the training with the information that the employees need to comply with paragraph (4) of this subsection, and shall provide the New Jersey Community College Consortium for Workforce and Economic Development with the information the employer has regarding its participating employees that the consortium needs to produce the annual report required pursuant to paragraph (7) of this subsection; (4) The employees being trained shall provide the Federal Employer Identification Number (FEIN) of their employer and the employer's contact information at the beginning of the training; (5) The mean class size for training under this subsection shall be 10, but the New Jersey Community College Consortium for Workforce and Economic Development may aggregate employees from multiple employers in a single training to reach that mean of 10; (6) The training provided under this subsection shall be basic skills training, but the apportionment of classes in the different areas of basic skills as defined by subsection h. of this section may be determined by the New Jersey Community College Consortium for Workforce and Economic Development in consultation with representatives of the business community; (7) The New Jersey Community College Consortium for Workforce and Economic Development shall file an annual report by September 1 of each year with the New Jersey Legislature and the New Jersey Department of Labor and Workforce Development containing the total number of workers trained, the total funds expended on training, the number of workers trained in each area of basic skills training, the number of businesses with employees trained, the number of classes held in each area of basic skills training, the number of classes held at each community college, the wage ranges of the workers trained, the job titles of the workers trained and the results of the pre-training and post-training assessments. The report shall also include an analysis of the strengths and weaknesses of the training program and how it can be improved in the following year. The report shall supplant all requirements for any other reporting that the New Jersey Community College Consortium for Workforce and Economic Development may be asked to complete with respect to the funds it receives through paragraph (4) of subsection a. of this section; and (8) The New Jersey Community College Consortium for Workforce and Economic Development shall work with the business community to promote this program to businesses across the State, including chambers of commerce and Statewide associations, such as the New Jersey Business and Industry Association, and shall seek out, and work with, State, regional, and county organizations that are dedicated to the economic empowerment of segments of society by race, ethnicity, gender, age, religion, disability, or sexual orientation, including, but not limited to the African American Chamber of Commerce of New Jersey and the Statewide Hispanic Chamber of Commerce of New Jersey, and any other appropriate business organizations. c. Any employment and training services funded by the Supplemental Workforce Fund for Basic Skills shall be provided in a manner which complies with the provisions of subsections b., c., f., g., h. and i. of section 4 of P.L.1992, c.43 (C.34:15D-4), to the extent that those subsections pertain to remedial education. Any service provider receiving moneys from the Supplemental Workforce Fund for Basic Skills shall be subject to the provisions of section 8 of P.L.1992, c.43 (C.34:15D-8) and section 8 of P.L.1992, c.44 (C.34:15D-19). d. All staff located at any One Stop Career Center supported by funds provided from the Supplemental Workforce Fund for Basic Skills shall be hired and employed by the State pursuant to Title 11A, Civil Service, of the New Jersey Statutes. e. Beginning July 1, 2002, and for any subsequent fiscal year, if the unexpended cash balance in any of the accounts indicated in subsection a. of this section, less any amount awarded in grants but not yet disbursed from the account, is determined to exceed 20% of the amount of contributions collected for deposit in the account pursuant to this subsection during the fiscal year then ended, the excess shall be regarded as an unemployment compensation contribution and deposited into the unemployment compensation fund within seven business days of the date that the determination is made. f. The Commissioner of Labor and Workforce Development shall establish standards of performance for providers of basic skills training pursuant to this act. The standards shall include, but not be limited to, standards for the curriculum or training to be furnished, qualifications for persons who will provide the training under the act, and standards for establishing what constitutes successful completion of the training program. The commissioner shall establish means of determining the ability of enrollees to gain or maintain employment following the successful completion of a training program established pursuant to this section. In the event that the commissioner determines that a provider has not conducted its training program in accordance with the standards of performance, he may take that action necessary to correct the deficiencies of the provider, or terminate the contract with the provider of basic skills services if the provider fails to respond to remedial action. g. The State Employment and Training Commission shall review and evaluate the operations of programs supported by the Supplemental Workforce Fund for Basic Skills established pursuant to this section, with special consideration to how those programs assist in the implementation of the goals of the Strategic Five-Year State Plan for New Jersey's Workforce Investment System, and shall consult with the Commissioner of Labor and Workforce Development regarding its findings. h. For the purpose of this section: "Basic skills training" means basic mathematics, reading comprehension, basic computer literacy including new technology topics, English proficiency and work-readiness skills including topics for entry level managers and shall be regarded as a form of "remedial education" for the purposes of section 3 of P.L.1992, c.43 (C.34:15D-3); "One Stop Career Center" means one of the centers established in local areas to coordinate a variety of State and local programs providing employment and training services, including job placement services, or any other similar State or local government-sponsored center providing employment and training services as may be developed at any later time; and "Qualified disadvantaged worker," "qualified displaced worker," "qualified employed worker," and "employment and training services" have the meanings given to them by section 3 of P.L.1992, c.43 (C.34:15D-3). L.2001, c.152, s.1; amended 2009, c.199, s.3; 2012, c.7; 2017, c.52; 2019, c.314, s.2; 2021, c.289.
N.J. Stat. § 34:15D-21.1 Short title.
1. This act shall be known and may be cited as the "New Jersey Basic Skills Training Program for Economic Growth Act." L.2009, c.199, s.1.
N.J. Stat. § 34:15D-21.2 Findings, declarations relative to the basic skills training program.
2. The Legislature finds and declares that: a. A skilled workforce is one of the most critical issues to New Jersey businesses and the State's economic competitiveness, and, unfortunately, the basic computer, mathematics, communications and English skills of many New Jersey workers is less than what employers require for success; b. In 2007, a public-private partnership formed between the New Jersey Department of Labor and Workforce Development, the New Jersey Community College Consortium for Workforce and Economic Development, and the New Jersey Business and Industry Association to provide basic skills training with more flexibility to businesses throughout the State by means of a grant from the Supplemental Workforce Fund for Basic Skills; c. During the first two years of this training program, 750 employers sent almost 10,000 enrollees to be trained, significantly more than any other single New Jersey Department of Labor and Workforce Development grant program; d. This program was successful in reaching so many more workers and businesses because of its flexibility, in not requiring employers to complete any paperwork or financial disclosure, not charging them for the training, other than requiring that they pay their employees while they are trained, and not requiring every class to have a minimum of ten employees from a single employer; e. Credit for this flexibility and the program's success should be given to Governor Jon S. Corzine, Commissioner David J. Socolow and the grant staff at the New Jersey Department of Labor and Workforce Development, because they understood that the focus of this grant should be on training as many workers as possible and not on fitting within previous grant structures and traditions, and without them, 750 businesses would not have been helped and 10,000 enrollees would not have been trained; f. This program has been positive for all those involved: the employees receiving portable training and skills; the employers improving their workforce; the community colleges being optimally utilized to provide the most effective and efficient method of training; and the State positively contributing to workers, businesses and economic development with no new costs; and g. Legislation is needed to ensure that the success of this program and the flexibilities afforded it by the Governor and commissioner are made permanent in the statutes. L.2009, c.199, s.2.
N.J. Stat. § 34:15D-21.3 Findings, declarations relative to certain county college certificate programs.
1. The Legislature finds and declares that: a. A skilled workforce is one of the most critical issues facing New Jersey employers and the availability of appropriately trained workers directly impacts the State's ability to compete nationally and internationally; b. While the State of New Jersey, through the Department of Labor and Workforce Development, has initiated many programs to link business and industry with employees, there remain areas of the State that are the home to particular industries that lack the skilled workforce necessary to fill available employment positions; c. It has become increasingly apparent that an increased focus is needed on training individuals for the "right" jobs as opposed to training individuals for "a" job; d. Increased attention needs to be paid and efforts made to connect individual employers and groups of employers to appropriate educational institutions so that curriculum may be developed that is exactly in line with the needs of these employers and directed to individuals who may have the greatest chance of program and employment success; and e. County colleges already have a long history of partnering with the Department of Labor and Workforce Development and local Workforce Investment Boards to design training programs for dislocated workers, but these efforts can be further refined and more explicitly targeted to develop certificate programs in which regional employers have a vested interest through their role in program development and program candidate review that will allow them to grow their business by immediately hiring appropriately trained individuals. L.2019, c.228, s.1.
N.J. Stat. § 34:15D-21.4 Development of certificate programs to connect regional employers to county colleges.
2. a. The New Jersey Community College Consortium for Workforce and Economic Development shall consult with each county college in the State to foster the development of certificate programs that connect regional employers to the county colleges in the collaborative development of programs that meet the unique needs of the employer and are directly connected to the knowledge and skills required by the employer. The certificate programs established by a county college shall be directly targeted to business and industry located in the region that have an identified and immediate need to hire employees with education and skills that are not being addressed through available training and educational opportunities. b. (1) Under a certificate program, the employer shall develop the curriculum to ensure that it is directly aligned to the needs of the employer. The employer shall consult with appropriate faculty at the county college for assistance in the curriculum development and to receive faculty input and feedback to ensure the alignment of the curriculum. (2) The employer may prescreen candidates prior to enrollment in the certificate program to ensure that the candidate demonstrates the aptitudes, abilities, and qualities sought by the employer. (3) The county college shall provide the faculty for the certificate program and shall make college facilities available for the program. Upon agreement with an employer, certificate program classes may be provided on-site at the employer's business location. (4) An employer may hire an individual enrolled in a certificate program prior to completion of the program with continued employment dependent upon successful completion. The county college shall issue a certificate to each individual who successfully completes the program to indicate that the individual has acquired the requisite knowledge and skills for employment in the identified field or occupation. (5) An employer who participates in the development of the certificate program shall make a commitment to interview all graduates of the program for employment positions that are available at the time of the participant's completion of the program. L.2019, c.228, s.2.
N.J. Stat. § 34:15D-22 Contributions to fund.
2. Beginning on January 1, 2002, each worker shall contribute to the Supplemental Workforce Fund for Basic Skills an amount equal to 0.0175% of the worker's wages as determined in accordance with paragraph (3) of subsection (b) of R.S.43:21-7 regarding the worker's employment with an employer. Beginning on July 1, 2001, each employer shall contribute to the Supplemental Workforce Fund for Basic Skills an amount equal to the amount that the employer's contribution is decreased pursuant to subparagraph (J) of paragraph (5) of subsection (c) of R.S.43:21-7. L.2001,c.152,s.2.
N.J. Stat. § 34:15D-23 Refund of excess employee contributions.
3. If an employee receives wages from more than one employer during any calendar year, and the sum of the employee's contributions deposited in the Supplemental Workforce Fund for Basic Skills exceeds an amount equal to 0.0175% of the wages determined in accordance with the provisions of paragraph (3) of subsection (b) of R.S.43:21-7 during the calendar year beginning January 1, 2002 or any subsequent calendar year, the employee shall be entitled to a refund of the excess if a claim establishing the employee's right to the refund is made within two years after the end of the respective calendar year in which the wages are received and are the subject of the claim. The commissioner shall refund any overpayment from the fund without interest. Any employee who is a taxpayer and entitled, pursuant to the provisions of this section, to a refund of contributions deducted during a tax year from his wages shall, in lieu of the refund, be entitled to a credit in the full amount thereof against the tax otherwise due on his New Jersey gross income for that tax year if he submits his claim for the credit and accompanies that claim with evidence of his right to the credit in the manner provided by regulation by the Director of the Division of Taxation. In any case in which the amount, or any portion thereof, of any credit allowed hereunder results in or increases an excess of income tax payment over income tax liability, the amount of the new or increased excess shall be considered an overpayment and shall be refunded to the taxpayer in the manner provided by subsection (a) of N.J.S.54A:9-7. L.2001,c.152,s.3.
N.J. Stat. § 34:15D-24 "NJ PLACE" program.
1. a. There is established, in the Department of Labor and Workforce Development and under the direction of the State Employment and Training Commission as part of the commission's responsibilities pursuant to subsection d. of section 9 of P.L.1989, c.293 (C.34:15C-6), the New Jersey Pathways Leading Apprentices to a College Education, or "NJ PLACE", program. The purpose of the program is to facilitate cooperation between appropriate State agencies, employer organizations, labor organizations, schools, and two-year and four-year institutions of higher education to enter into agreements to provide college credit in connection with apprenticeship programs and permit the work of apprentices in those programs to be credited towards two-year and four-year college degrees. To implement its purpose, the program shall continue the current process of negotiations between county colleges and other institutions of higher education, employer organizations, labor organizations and State agencies which has resulted in the establishment of an associate in applied science in technical studies degree program into which credits are transferred for the time spent by apprentices in classroom and non-classroom apprenticeship training and education. While most of these existing articulation agreements establishing transfer credits are between county colleges and construction trade apprenticeships, the NJ PLACE program shall work to facilitate agreements involving additional apprenticeship programs outside, as well as inside, of the construction industry and involving four-year, as well as two-year, college degrees. b. The NJ PLACE program shall coordinate its efforts to promote apprenticeship programs and related higher education with the efforts of the "Youth Transitions to Work Partnership Act," created pursuant to P.L.1993, c.268 (C.34:15E-1 et al.) and consortia of businesses, business organizations, labor organizations and educational institutions funded by that partnership to link newly established and existing apprenticeship programs with secondary schools and institutions of higher education to provide effective transitions for high school graduates into those programs. c. The State Employment and Training Commission is authorized to obtain, accept and utilize resources for the NJ PLACE program as may be, or may become, available from appropriate State, federal and non-governmental sources of funding for employment, training and educational purposes, including the Workforce Development Partnership Fund created pursuant to section 9 of P.L.1992, c.43 (C.34:15D-9), the "Supplemental Workforce Fund for Basic Skills" established pursuant to section 1 of P.L.2001, c.152 (C.34:15D-21), or funds available pursuant to the Workforce Investment Act of 1998, Pub.L.105-220 (29 U.S.C. s.2801 et seq.). d. For the purposes of this section, "apprenticeship program" means a registered apprenticeship program providing to each trainee combined classroom and on-the-job training under the direct and close supervision of a highly skilled worker in an occupation recognized as an apprenticeable trade, registered by the Office of Apprenticeship of the U.S. Department of Labor, and meeting the standards established by the office. L.2009, c.200, s.1.
N.J. Stat. § 34:15D-25 Findings, declarations relative to workforce development funds.
1. The Legislature finds and declares that: a. New Jersey, the headquarters of many of the leaders in the field of industrial research and development, has a long, successful history of innovation in the technology field. b. New Jersey is the birthplace of such varied technology and inventions as: the quadruplex telegraph in 1874; the phonograph in 1877; the "band aid" in 1920; air conditioning in 1921; the first long distance television transmission in 1927; condensed soup in 1939; the first commercial mobile telephone service in 1947; tetracycline in 1952; the solar cell battery in 1954; bubble wrap and the laser in 1957; vaccines to prevent the mumps and the measles in 1963; the UNIX operating system in 1969; and the digital signal processor chip in 1980. c. Some of the most important inventors and technology companies in the world call New Jersey home. These companies, working in concert with universities, business partners and scientists, are part of the innovation ecosystem that consumers in the State, nation and around the world depend on and need to drive the economy. d. An innovation ecosystem is an environment in which the persons who have the knowledge, ideas and actions are connected by institutional entities, such as universities, business firms, research institutes, state and local governments, and policy makers, to the materials and capital needed to spur development, inventions and economic growth. e. It is essential that New Jersey acts to fertilize, maintain and grow an innovation ecosystem that allows technological ideas to flourish in New Jersey, and to expand upon the already rich environment for the development of technology in the State. f. By directing workforce development funds toward the establishment of technological seed growth in New Jersey, the State will assist in the growth of the type of innovation ecosystem that has created such groundbreaking technology in the past. g. Legislation is needed to dedicate workforce development funds to create a grants-funded fellowship program to support technology research and innovation throughout the State. L.2015, c.235, s.1.
N.J. Stat. § 34:15D-26 New Jersey Innovation and Research Fellowship Program.
3. a. The Department of Labor and Workforce Development, in consultation with the New Jersey Economic Development Authority, shall establish the New Jersey Innovation and Research Fellowship Program. b. The New Jersey Innovation and Research Fellowship Program shall be funded through the funds reserved for that program from the Workforce Development Partnership Fund pursuant to section 9 of P.L.1992, c. 43 (C.34:15D-9). The funds shall be distributed by the department as follows: (1) The department shall work in consultation with the New Jersey Economic Development Authority to fund, no less than, 20 fellowships, administered by the department, which focus on information technology research and innovation. The fellowships may be provided to entities, of which at least eight shall be large businesses, employing more than 25 people and eight shall be small businesses, employing from two to 24 people. The remainder of the fellowships may be authorized according to the discretion of the department. (2) The fellowships shall be issued for two to three years each and shall be used primarily for research and innovation; not capital purchases. c. The department, in consultation with the New Jersey Economic Development Authority, shall promulgate rules and regulations providing for the establishment, administration and evaluation of the New Jersey Innovation and Research Fellowship Program. d. The department, in consultation with the New Jersey Economic Development Authority, shall conduct an evaluation of the effectiveness of the New Jersey Innovation and Research Fellowship Program to spur growth in the information technology research fields no later than five years after the approval of the first fellowship. L.2015, c.235, s.3.
N.J. Stat. § 34:15D-27 New Jersey Military Skills Council.
1. a. There is established in the Department of State the New Jersey Military Skills Council, which shall be comprised of the Secretary of State, the Adjutant General, the Commissioner of Labor and Workforce Development, the Chairperson of the State Employment and Training Commission, the Secretary of Higher Education, and the Commissioner of Education, or their designees, who shall serve ex officio. The council shall also include one member from the Senate appointed by the President of the Senate, one member from the General Assembly appointed by the Speaker of the General Assembly, one member from the Senate appointed by the Minority Leader of the Senate, and one member from the General Assembly appointed by the Minority Leader of the General Assembly, who shall serve during the two-year legislative session in which the appointment is made, and one public member appointed by the President of the Senate and one public member appointed by the Speaker of the General Assembly. b. The council shall organize as soon as its membership has been appointed and shall select a chairman and vice-chairman from among its members and may select a secretary, who need not be a member of the council. The council shall meet quarterly, and at such other times as may be necessary. c. It shall be the duty of the council to assess the condition of military skills and training in the State and to advise the Department of Labor and Workforce Development and the Department of Education on expenditures from the Workforce Development Partnership Fund and other State funds for the training and education of workers in preparation for jobs with the military and supporting industries. d. In developing an assessment of the condition of military skills and training in the State, the council shall: (1) develop a comprehensive needs analysis of the State's military installations and key industries; (2) explore barriers impeding workforce alignment with the federal government and offer solutions to overcome those barriers; (3) identify opportunities for growth and deficiencies in the current skill sets of the workforce; (4) examine methods to develop and align curriculum, specifically science, technology, engineering, and math, at all levels of education in preparation for jobs with the military and supporting industries, as well as methods for increasing enrollment of students of all ages in science, technology, engineering, and math programs; (5) develop methods to improve understanding of the resources, benefits, and improved outcomes for service members resulting from federal or State legislation that provides opportunities for veterans, such as the federal Post-9/11 Veterans Educational Assistance Act of 2008; (6) prepare workforce development strategies for the jobs of today and the future, by expanding academic and training opportunities to support workforce needs and exploring public-private partnerships to support workforce development; and (7) engage with educators, the military, and industry to ensure that workforce alignment initiatives address military, public, and private sector needs. e. The council shall submit an annual report to the Legislature by March 1 of each year, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). L.2016, c.16, s.1.
N.J. Stat. § 34:15D-28 Findings, declarations relative to the Talent Network Program.
1. The Legislature finds and declares that: a. To maintain a competitive edge in the 21st century, New Jersey must develop a highly productive workforce that has the knowledge, skills, and abilities needed by employers in the State's key industries; b. Workforce development and education programs that are directly aligned with the needs of employers will ensure that more New Jersey residents have pathways to economic opportunity and successful careers, and that employers receive the talent required to drive the growth of their businesses; c. To cultivate such employer-driven partnerships, the Department of Labor and Workforce Development has supported the development of talent networks since 2011; d. The department currently funds nine talent networks of employers, educational institutions, and workforce development organizations in industries including advanced manufacturing; construction & utilities; financial services; food industry; health care; life sciences; technology; transportation, logistics, and distribution; and retail, hospitality, and tourism; and e. The establishment of a Talent Network Program will create a permanent plan within the department to strengthen and enhance these and future partnerships in meeting the workforce needs of the State. L.2019, c.125, s.1.
N.J. Stat. § 34:15D-29 Talent Network Program.
2. a. There is established in the Department of Labor and Workforce Development the Talent Network Program. The purpose of this program is to develop centralized sources of intelligence about the workforce needs of the State's key industries by building employer-driven partnerships between employers, educational institutions, and other organizations concerned with workforce development. b. To fulfill the goal of the Talent Network Program, the department shall annually award grant funds to nonprofit organizations, industry associations and post-secondary educational institutions, who demonstrate knowledge and expertise in one of the State's key industries. The department may continue grant agreements with talent networks which were awarded prior to the enactment of P.L.2019, c.125 (C.34:15D-28 et al.). c. Each nonprofit organization, industry association and post-secondary educational institution awarded grant funds through the Talent Network Program pursuant to subsection b. of this section shall: (1) engage and convene employers located throughout the State to identify common skill gaps and workforce needs within the targeted industry; (2) engage and convene key education and workforce providers located throughout the State to identify the capacity of local partners to meet industry workforce needs; (3) form partnerships that are employer-driven and that include at least three key education and workforce providers; (4) create a strategy for building and sustaining such partnerships through commitments from employers, workforce organizations, educational institutions, training providers, community and faith-based organizations, and other key stakeholders; (5) facilitate the development of a workforce plan to respond to identified workforce needs and opportunities; (6) host an annual industry summit to gather intelligence and inform key workforce stakeholders of essential employer needs; (7) contribute to the department's development of an industry-valued credential and degree list and career awareness materials; (8) maintain a website and a presence on social media to disseminate industry intelligence and labor market information to job seekers, students, employers, and education and workforce stakeholders; (9) report annually to the department and the Legislature the status of the industry's workforce needs; and (10) perform any other duties as required by the Commissioner of Labor and Workforce Development. d. Notwithstanding any law to the contrary, the Talent Network Program shall be funded through federal job training funds, as defined in section 4 of P.L.1989, c.293 (C.34:15C-1). The department is authorized to use any additional funds necessary to fulfill the provisions of this section, as determined by the commissioner, from the Workforce Development Partnership Fund moneys reserved for the Talent Network Program pursuant to section 9 of P.L.1992, c.43 (C.34:15D-9). L.2019, c.125, s.2.
N.J. Stat. § 34:15D-30 Definitions relative to an industry-valued credentials pilot program.
1. As used in this act: "Eligible adult" means an individual who is a "qualified displaced worker" or a "qualified disadvantaged worker" as defined in section 3 of P.L.1992, c.43 (C.34:15D-3). "Information or math literacy" means an individual's ability to use appropriate mathematical, literacy, or technical skills for career success. "Secretary" means the Secretary of Higher Education. "Soft skills" means social skills, transferrable skills, and interpersonal skills, which relate to an individual's ability to communicate and collaborate with others. L.2019, c.252, s.1.
N.J. Stat. § 34:15D-31 Design of pilot program.
2. a. (1) The Commissioner of Labor and Workforce Development, in consultation with the Secretary of Higher Education, the county colleges, county vocational school districts, and the Department of Education, shall design a pilot program through which an eligible adult who has an insufficient level of information or math literacy may obtain industry-valued credentials on an accelerated schedule to assist the eligible adult in entering or re-entering the workforce or in obtaining better employment. The pilot program shall include at least 20 certificates that eligible adults may obtain by completing courses that integrate information and math literacy development programs, and soft skills development programs, with career and technical training. The time required to complete a certificate program shall not exceed 12 months. (2) The commissioner shall develop and initially offer under the pilot program at least 10 industry-valued credentials by the fall semester of the 2020-2021 academic year and at least 10 additional industry-valued credentials by the spring semester of the 2021-2022 academic year. In determining for which industries to develop and offer a certificate program, the commissioner shall give preference to industries with occupations on the Demand Occupation List, or any successor list, compiled by New Jersey Career Connections in the Department of Labor and Workforce Development. One of the industries for which the commissioner shall develop and offer a certificate program shall be the restaurant and hospitality industry. A certificate program for the restaurant and hospitality industry shall include the following employer-valued credentials: (a) ServSafe Food Manager Certification; (b) ServSafe Alcohol Certificate; and (c) ServSafe Workplace. b. The commissioner shall collaborate with and may enter into memorandums of understanding with county colleges, county vocational school districts, the Department of Education, the Office of the Secretary of Higher Education, and other adult education providers to ensure that the pilot program is implemented locally. c. The commissioner shall ensure that, at a minimum, the pilot program: (1) is available to eligible adults who are seeking to enter or re-enter the workforce or obtain better employment and who may benefit from information and math literacy development programs, as indicated by the individual's score on a basic skills assessment in English and Mathematics selected by the secretary; (2) includes only industry-valued credentials that a student can complete within 12 months; and (3) requires that each course offered through a certificate program integrates appropriate information or math literacy instruction, career and technical skills, and soft skills, and is jointly designed by mathematics, English, and career and technical education faculty. d. A county college, a county vocational school district, or an adult education program operated in cooperation with the Department of Education or the Department of Labor and Workforce Development, may choose to participate in the pilot program by implementing one or more of the certificate programs established by the commissioner pursuant to this act. e. An entity that participates in the pilot program to offer one or more certificate programs shall on or before July 1 of each year of the pilot program submit to the commissioner a report that includes the following information: (1) the certificate programs offered; (2) the number of students who enrolled in each certificate program; (3) the number of students who successfully completed each certificate program; and (4) the percentage of students who obtained employment in the area in which they obtained a certificate or who enrolled in additional educational offerings in that subject area. f. No later than January 1, 2023, the commissioner shall submit to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a report that evaluates the results of the pilot program and its effectiveness in assisting program participants in entering or re-entering the workforce or in obtaining better employment. The report shall include a recommendation on the advisability of the program's continuation and extension to additional certificate and technical programs. L.2019, c.252, s.2.
N.J. Stat. § 34:15D-31.1 Industry-valued credential list.
1. a. The Department of Labor and Workforce Development may develop and maintain a list of industry-valued credentials identifying the specific credentials offered in this State in which employers are most interested, based on analysis of State labor market data and feedback from employers in the State. The industry-valued credential list may be updated annually and made available as a list and as a downloadable document on the Internet website of the department. b. The department may adopt rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act. L.2025, c.372.
N.J. Stat. § 34:15D-31.2 Short title.
1. This act shall be known and may be cited as the “New Economy Opportunity Skills System Act.” L.2025, c.375, s.1.
N.J. Stat. § 34:15D-31.3 Findings, declarations.
2. The Legislature finds and declares that: a. Because New Jersey needs a skilled workforce to compete in the global economy and to promote economic mobility for residents, the State seeks to create a more efficient and seamless service delivery model for local workforce and economic development by better aligning State workforce development services, community colleges, and post-secondary programs in county vocational school districts; and b. Strengthening strategic coordination between these entities will enhance the delivery of training and services, address labor market needs, and provide a skilled talent pipeline to meet the demands of employers throughout New Jersey. L.2025, c.375, s.2.
N.J. Stat. § 34:15D-31.4 Definitions.
3. As used in this act: “Commissioner” means the Commissioner of Labor and Workforce Development. “Community college” means a county college established pursuant to chapter 64A of Title 18A of the New Jersey Statutes. “County vocational school district” means any entity established pursuant to article 3 of chapter 54 of Title 18A of the New Jersey Statutes for the purpose of providing efficient occupational, technical and academic education opportunities to secondary and postsecondary students. “Department” means the Department of Labor and Workforce Development. “Division” means the Division of Workforce Development in the Department of Labor and Workforce Development. “Local workforce development board” means the local board established in each designated local workforce development area pursuant to the “Workforce Innovation and Opportunity Act” (29 U.S.C. s.3101 et seq.). L.2025, c.375, s.3.
N.J. Stat. § 34:15D-31.5 New Economy Opportunity Skills System Pilot Program; annual report.
4. a. To establish the “New Economy Opportunity Skills System Pilot Program,” the division shall initiate a pilot program in a select number of local workforce development areas to strengthen strategic alignment and collaboration between the operations of local workforce development boards, community colleges, and post-secondary programs in county vocational school districts. Under the division’s oversight, the pilot program shall include: (1) joint development and implementation of workforce training programs with an emphasis on industry-recognized credentials along with strengthening and validating participants’ existing skills and experience; (2) dedication to a customer-centered approach that enables participants’ success through delivery of wrap-around assistance as appropriate; (3) collaborative efforts for branding, outreach, and marketing to increase awareness of available training and career services; (4) integrated planning and coordination of funding resources to maximize the impact of State and federal support for workforce development; and (5) performance evaluations based on appropriate metrics aligned with State and federal workforce development programs to assess participant outcomes, program effectiveness, and other measures as required under the “Workforce Innovation and Opportunity Act,” (29 U.S.C. s.3101 et seq.) and applicable State laws; and (6) a memorandum of understanding binding all participating entities through a specific scope of work, pilot timeline, delineated roles and responsibilities, funding and mechanisms for disbursement of funds to participating entities by the division, and reporting requirements to ensure participating entities expend public monies efficiently towards pilot goals. b. The division shall partner with the Office of Research and Information in the department to ensure the local workforce development areas participating in the pilot program are selected based on objective, scientific criteria. To the extent possible, the division shall consider the criteria identified by the Office of Research and Information to ensure participating areas are representative of the larger universe of local workforce development areas in the State so that the pilot outcomes may be evaluated based on evidence-based criteria. c. The division, in consultation with the New Jersey Council of County Colleges and the New Jersey Council of County Vocational-Technical Schools, shall develop a strategy to strengthen Statewide strategic alignment and collaboration between local workforce development boards, community colleges, and post-secondary programs in county vocational school districts. The strategy shall include: (1) a guideline for scaling the pilot program established pursuant to subsection a. of this section to other areas throughout the State; (2) recommendations for legislative and regulatory changes needed to facilitate integration; and (3) an implementation timeline and resource plan for Statewide integration. d. At the end of the pilot period, the division shall submit an annual report to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the progress and outcomes of the pilot program and the implementation of the “New Economy Opportunity Skills System Pilot Program.” The report shall include: (1) data on participant outcomes, including, but not limited to, employment rates, credential attainment, wage increases, and other appropriate metrics aligned with State and federal workforce development programs and applicable State laws; (2) recommendations for improvements or adjustments to the “New Economy Opportunity Skills System Pilot Program”; (3) an update on the Statewide integration strategy and its implementation; and (4) a recommendation as to whether the pilot program can and should be scaled and expanded Statewide. L.2025, c.375, s.4.
N.J. Stat. § 34:15D-32 High-Growth Industry Regional Apprenticeship Development Grant Pilot Program.
1. a. There is established in the Department of Labor and Workforce Development a five-year High-Growth Industry Regional Apprenticeship Development Grant Pilot Program, which shall provide grants to support funding for three newly-established adult apprenticeship programs in high-growth industries in three regions of the State. There shall be one grant awarded in the northern, central, and southern region of the State, respectively. A grant may extend beyond one year in duration. To be eligible for the grant, the apprenticeship program shall be accredited and approved by the United States Department of Labor, or shall be in the process of obtaining that accreditation. The program shall be administered by the Office of Apprenticeship in the department. For the purposes of P.L.2019, c.314 (C.34:15D-32 et al.), the northern region shall include Bergen, Essex, Hudson, Morris, Passaic, Sussex, Union, and Warren counties; the central region shall include Burlington, Hunterdon, Mercer, Middlesex, Monmouth, Ocean, and Somerset counties; and the southern region shall include Atlantic, Camden, Cape May, Cumberland, Gloucester, and Salem counties. b. Each of the three grants shall be selected from a separate high-growth industry, but any organizational sponsor of an apprenticeship program is eligible to receive the grant, including businesses; business organizations and associations; labor organizations; joint labor-management partnerships; local education agencies; public vocational schools; two-year and four-year colleges; local workforce development boards; workforce training providers; economic development organizations; and community-based and other non-profit organizations. To apply for the grant, an organization shall submit an application to the Office of Apprenticeship, which shall include documentation that the apprenticeship which the organization is sponsoring is or will be accredited and approved by the United States Department of Labor. c. No later than July 1, 2019, the department shall begin accepting grant applications to be awarded no later than January 1, 2020 from funds allocated for the program pursuant to section 1 of P.L.2001, c.152 (C.34:15D-21). The department shall rank eligible applicants for grants based upon: (1) each applicant's potential to: (a) reach a broad audience through its recruitment and outreach efforts; (b) significantly increase enrollment and completion of the apprenticeship program; and (c) fill existing needs for skilled workers in the market; and (2) the applicant's partnership with an industry for which apprenticeship programs targeted at training and providing skilled workers who have the ability to perform jobs in that industry have demonstrated positive outcomes. d. An eligible applicant is required to demonstrate that it intends and is prepared to contribute its own financial resources to the apprenticeship program and has secured an industry partner or a monetary or in-kind contribution, including conditional job placement guarantees, from an industry partner. Moreover, each eligible applicant shall provide documentation of: (1) the apprenticeship program's curriculum, location, and skills to be taught; (2) the recruitment efforts for the apprenticeship program, and projected enrollment with and without receipt of grant funds; (3) a description of how the grant funds will be utilized; (4) information on specific industry needs or gaps in the workforce that will be addressed by the apprenticeship program; (5) costs to operate apprenticeship program; and (6) any other information the department requires. e. An eligible applicant who is selected by the department for receipt of a grant for the purpose of funding an apprenticeship program in accordance with P.L.2019, c.314 (C.34:15D-32 et al.), shall, on an annual basis for so long as the grant is provided, make an annual report to the commissioner detailing the enrollment in the program, the number of participants completing the program, the number of participants obtaining employment as a result of the program, and any other information as the commissioner may require. f. Beginning January 1, 2020, and each year thereafter for the duration of the pilot grant program, the Commissioner of Labor and Workforce Development shall submit to the Governor, and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a report that evaluates the results of the program and its effectiveness in preparing individuals to meet existing and burgeoning workforce needs and addressing gaps in skills in the workforce. The report shall include a recommendation regarding whether to renew the "High-Growth Industry Regional Apprenticeship Development Grant Pilot Program," and if renewal is recommended, if the program should be expanded or otherwise enhanced. The report shall include: (1) The number of grants awarded in the prior year, including the amount, recipient, and duration of each grant; (2) The number of individuals who enrolled in and completed an apprenticeship program offered by each grant recipient; (3) The number of individuals who obtained employment in a position that uses the skills for which they were trained by a grant recipient, or in a position for which the completion of the apprenticeship program was a condition of employment; and (4) All relevant information provided by grant recipients as to measurable outcomes of participants. g. Funds from grants provided in accordance with P.L.2019, c.314 (C.34:15D-32 et al.) shall not be used: (1) for any activities which replace, supplant, compete with or duplicate in any way existing approved apprenticeship programs; (2) to induce, encourage or assist: any displacement of currently employed workers by trainees, including partial displacement by means such as reduced hours of currently employed workers; any replacement of laid off workers by trainees; or any relocation of operations resulting in a loss of employment at a previous workplace; or (3) to impair existing contracts for services or collective bargaining agreements, except that activities which would be inconsistent with the terms of a collective bargaining agreement may be undertaken with the written concurrence of the collective bargaining unit and the employer or employers who are parties to the agreement. h. As used in P.L.2019, c.314 (C.34:15D-32 et al.): "Eligible applicant" means a business; labor organization; college; workforce training provider; non-profit organization; or any other entity that offers or plans to offer an apprenticeship program that is accredited and approved by the United States Department of Labor and that has partnered with an industry to offer or fund the apprenticeship program. "High-growth industry" means an industry identified by the New Jersey Talent Network, or its successor entity with the department, and includes, but is not limited to: advanced manufacturing; construction and utilities; financial services; life sciences; information technology; renewable energy; science, technology, engineering and mathematics (STEM); and transportation, logistics, and distribution. The department shall, on at least a two-year basis, review the classification of high-growth industries to determine if a particular industry should be added or eliminated from the classification. "Department" means Department of Labor and Workforce Development. L.2019, c.314, s.1.
N.J. Stat. § 34:15D-33 Definitions.
1. As used in this act: "Commissioner" means the Commissioner of Labor and Workforce Development, or the commissioner's designee. "Department" means the Department of Labor and Workforce Development. "Direct business assistance from the department" means monetary or financial assistance in any form, including but not limited to a grant or other monetary or financial benefit awarded to a person by the department to assist the person in the conduct or operation of a business, occupation, trade, or profession in the State, in connection with the following programs: (1) Customized training services provided pursuant to section 5 of P.L.1992, c.43 (C.34:15D-5); (2) Employment and training services provided pursuant to section 6 of P.L.1992, c.43 (C.34:15D-6); (3) Employment and training services funded by the Supplemental Workforce Fund for Basic Skills under section 1 of P.L.2001, c.152 (C.34:15D-21); (4) Outreach and training programs for minority group members and women in construction trade occupations or other occupations utilized in the performance of public works contracts funded by the New Jersey Builders Utilization Initiative for Labor Diversity (NJBUILD) pursuant to section 1 of P.L.2009, c.313 (C.52:38-7); (5) The New Jersey Innovation and Research Fellowship Program pursuant to section 3 of P.L.2015, c.235 (C.34:15D-26); (6) The Apprenticeship Start-Up Grant Program pursuant to section 3 of P.L.2019, c.417 (C.34:15D-6.1); (7) The Apprentice Assistance and Support Services Pilot Program pursuant to section 1 of P.L.2019, c.419 (C.34:15D-6.2); (8) The New Jersey Pathways Leading Apprentices to a College Education (NJPLACE) Program pursuant to section 1 of P.L.2009, c.200 (C.34:15D-24); (9) Any other program funded in whole or in part by the Workforce Development Partnership Fund established under section 9 of P.L.1992, c.43 (C.34:15D-9); (10) Any program funded by or through the Department in whole or in part under the "Workforce Innovation and Opportunity Act," (29 U.S.C. s.3101 et seq.); (11) Any program funded by or through the Department in whole or in part under the "Wagner-Peyser Act," (29 U.S.C. s.49 et seq.); (12) The Talent Network Program pursuant to section 2 of P.L.2019, c.125 (C.34:15D-29); (13) The industry-valued Credentials pilot program pursuant to P.L.2019, c.252 (C.34:15D-30 et seq.); (14) The High-Growth Industry Regional Apprenticeship Development Grant Pilot Program pursuant to P.L.2019, c.314 (C.34:15D-32); (15) The Youth Transitions to Work Partnership pursuant to P.L.1993, c.268 (C.34:15E-1 et seq.); (16) The At-Risk Youth Mentoring Program pursuant to P.L.1999, c.279 (C.34:15F-1 et seq.); and (17) Any other similar program by which the department confers a monetary or financial benefit upon a person to assist the person in the conduct or operation of a business, occupation, trade or profession in the State. "Final order" means either a final administrative determination of the Commissioner issued following adjudication of a matter as a contested case pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and the Uniform Administrative Procedure Rules, N.J.A.C.1:1, or where the department has made a finding regarding a violation of law or rule, or regarding the levying of a penalty or fee pursuant to law or rule, and has notified the violator of same and where the violator has either expressly waived the right to a hearing or has waived the right to a hearing by virtue of having failed to request same within the appropriate time limit established by either law or rule. "Person" means a natural person or an organization, including but not limited to, a corporation, partnership, proprietorship, limited liability company, association, cooperative, joint venture, estate, trust, or government unit. "Strategic enforcement" means a proactive, rather than purely complaint driven, approach to enforcement, which focuses agency resources to assist vulnerable employee communities and target high-violation industries with the ultimate goal of increasing the cost to violators of non-compliance, thereby changing non-compliant behavior in a sustainable way. "State wage, benefit and tax laws" means "State wage, benefit and tax laws" as that term is defined in section 1 of P.L.2009, c.194 (C.34:1A-1.11). L.2021, c.166, s.1.
N.J. Stat. § 34:15D-34 "Office of Strategic Enforcement and Compliance."
2. a. There is hereby established in the department an "Office of Strategic Enforcement and Compliance," which shall oversee and coordinate across the divisions of the department and, when necessary, between the department and other State agencies and entities, strategic enforcement of State wage, benefit and tax laws, as deemed appropriate by the commissioner. b. Each division within the department selected by the commissioner shall designate at least one employee whose duties shall include, among others, serving as a liaison with the "Office of Strategic Enforcement and Compliance." c. The commissioner shall devote departmental resources, including those of the department's Office of Research and Information, to support a data-driven approach to the work of the "Office of Strategic Enforcement and Compliance." d. (1) As a precondition to the award to a person of direct business assistance from the department, and as a precondition for the department to report to another State agency or entity that a business is in substantial good standing, the department shall determine whether the person has any outstanding liability to the department under any of the statutes or rules that the department enforces, including but not limited to, for unpaid contributions to the unemployment compensation fund or the State disability benefits fund; to any individual on whose behalf the department has issued a final order for the payment of wages or benefits; or for any penalties, fees or interest due the department pursuant to a final order issued under any of the statutes or rules that the department enforces. As an example, prior to the department reporting substantial good standing as required under the "New Jersey Economic Recovery Act of 2020," P.L.2020, c.156 (C.34:1B-269 et al.), the department shall complete the determination required by this paragraph. If the department determines that a person has any outstanding liability to the department under any of the statutes or rules that the department enforces, the application by the person for direct business assistance from the department shall be denied, and it shall be reported to any inquiring State agency or entity that the business is not in substantial good standing. If a person is seeking the award of direct business assistance from the department, or where a report has been requested as to whether the person is in substantial good standing with the department, if the person has entered into an agreement with the department to immediately and fully comply with the statutes and rules enforced by the department and to resolve all delinquencies or deficiencies within a time period specified by the commissioner, then the commissioner may approve the award of direct business assistance from the department, or issue a report that the person is in substantial good standing with the department, notwithstanding the outstanding liability to the department under any of the statutes or rules that the department enforces. (2) The "Office of Strategic Enforcement and Compliance" shall oversee and coordinate review processes good standing with the Department's laws and rules as determined under paragraph (1) of this subsection. L.2021, c.166, s.2.
N.J. Stat. § 34:15D-35 Short title.
1. This act shall be known and may be cited as the "New Jersey YouthBuild Act." L.2023, c.334, s.1.
N.J. Stat. § 34:15D-36 "New Jersey YouthBuild Act", purpose.
2. The purpose of the "New Jersey YouthBuild Act" shall be to: a. Enable economically disadvantaged youth, especially youth who have not finished high school, to obtain the education, job skills training, personal counseling, leadership development skills training, job placement assistance, and long-term follow-up leading to economic self-sufficiency; b. Provide communities the opportunity to establish or rebuild neighborhood stability in economically depressed and low-income areas, as well as historic areas requiring restoration or preservation, while providing economically disadvantaged youth and youth who have not finished high school an opportunity for meaningful participation in society; c. Allow communities to maintain and expand the supply of affordable housing for homeless and other low-income individuals by utilizing the energies and talents of economically disadvantaged youth and young people who have not graduated from high school; and d. Foster the development of leadership skills and a commitment to community development among youth. L.2023, c.334, s.2.
N.J. Stat. § 34:15D-37 Definitions.
3. As used in this act: "Applicant" means a public or private not-for-profit agency eligible to provide education and employment training under federal or State employment training programs. "Commissioner" means the Commissioner of the Department of Labor and Workforce Development. "Department" means the Department of Labor and Workforce Development. "Eligible entity" means a public or private nonprofit agency or organization, including a consortium of public or private nonprofit agencies or organizations, including but not limited to: a community-based organization; a faith-based organization; an entity carrying out activities under this act, such as a local board; a community action agency; a State or local housing development agency; an Indian tribe or other agency primarily serving Indians; a community development corporation; a State or local youth service or conservation corps; and any other entity eligible to provide education or employment training under a federal program (other than the program carried out under this section). "YouthBuild" means the program established by this act that provides disadvantaged youth with opportunities for comprehensive education, employment, leadership development, and training in the construction or rehabilitation of housing for special needs populations, very low-income households, and low-income households. L.2023, c.334, s.3.
N.J. Stat. § 34:15D-38 Department of Labor and Workforce Development Commissioner, grants, YouthBuild programs, services.
4. a. The commissioner shall, subject to appropriation, make grants to applicants for the purpose of carrying out YouthBuild programs as approved under this section. All programs funded pursuant to the provisions of this section shall reflect strong youth and community involvement. In addition, funding provided under this section shall be used by each YouthBuild program to provide, at a minimum, the following services: (1) integrated education and job skills training services and activities which are evenly divided within the program, with 50 percent of students' time spent in classroom-based instruction, counseling, and leadership development instruction and 50 percent of their time spent in service learning experiences at construction sites. The programs shall include, at a minimum, the following elements: (a) an education component which includes basic skills instruction, secondary education services, and other activities designed to lead to the attainment of a high school diploma or its equivalent. The curriculum for this component shall include math, language arts, vocational education, life skills training, social studies related to the cultural and community history of the students, leadership skills, and other topics at the discretion of the programs; (b) a vocational learning experience and skills training component apprenticeship program that includes the construction and rehabilitation activities described in paragraph (4) of this subsection. The process of construction shall be tied with skills training and with close on-site supervision by experienced trainers. The curriculum for this component shall contain a set of locally agreed upon skills and competencies that are systematically taught, with a student's mastery assessed individually on a regular, ongoing basis. Safety skills shall be taught at the outset. The vocational learning experience and skills training component shall be coordinated to the maximum extent feasible with pre-apprenticeship and apprenticeship programs. In order to receive grant funding, programs shall offer vocational learning experiences that conclude with the administration of assessments to obtain an industry-valued credential, per the list provided by the Department of Labor and Workforce Development; and (c) assistance in attaining post-secondary education and required financial aid to be made available to participants prior to graduation; (2) counseling services designed to assist participants to positively participate in society, which should include all of the following if necessary: outreach, assessment, and orientation; individual and peer counseling; life skills training, drug and alcohol abuse education and prevention; and referral to appropriate drug rehabilitation, medical, mental health, legal, housing, and other services and resources in the community; (3) leadership development training that provides participants with meaningful opportunities to develop leadership skills such as decision making, problem solving, and negotiating. The program shall also encourage participants to develop strong peer group ties that support their mutual pursuit of skills and values. All programs shall establish a youth council in which participants are afforded opportunities to develop public speaking and negotiating skills and management and policy-making participation in specific aspects of the program; and (4) assistance with the acquisition, rehabilitation, acquisition and rehabilitation, or construction of housing and related facilities which will serve as the vocational training sites and then to be used for the purpose of providing home ownership for disadvantaged persons, residential housing for homeless individuals, and low-income and very low-income families, or transitional housing for persons who are homeless, have disabilities, are ill, are de-institutionalized, or have special needs and rehabilitation or construction of community facilities owned by not-for-profit or public agencies. b. A YouthBuild program shall provide a stipend to participants to cover the costs associated with their full-time participation in the program. The stipend shall not be considered as income in determining eligibility for other State or federal assistance programs. Stipends may be distributed in a manner that offers incentives for good performance. c. Full-time participation in a YouthBuild program shall be offered for a period of not less than six months and not more than 24 months. d. A concentrated effort shall be made to find jobs for all graduates of the program who have performed well. The skills training curriculum shall provide participants with basic preparation for seeking and maintaining a job. Follow-up counseling and assistance in job-seeking shall also be provided to participants for the 12 months following graduation from the program. e. All programs serving 20 trainees or more are required to have a full-time director responsible for the coordination of all aspects of the YouthBuild program. L.2023, c.334, s.4.
N.J. Stat. § 34:15D-39 YouthBuild, eligible participants, age range, economic status, specified group membership.
5. a. Eligible participants in a YouthBuild program shall be youth, 16 to 24 years old, who are economically disadvantaged as defined in 29 U.S.C. s.1503, and who are part of one of at least one of the following groups: (1) persons who are not attending any school and not received a secondary school diploma or its equivalent; (2) persons currently enrolled in a traditional or alternative school setting or a high school equivalency testing program and who are in danger of dropping out of school; or (3) a member of a low-income family, a youth in foster care (including a youth aging out of foster care), a youth offender, a youth with a disability, a child of incarcerated parents, or a migrant youth. b. Not more than 25 percent of participants in the program may be individuals who do not meet the requirements of paragraphs (1) or (2) of subsection a. of this section, but who are deficient in basic skills despite having attained a secondary school diploma, high school equivalency certificate, or other State-recognized equivalent, or who have been referred by a local secondary school for participation in a YouthBuild program leading to the attainment of a secondary school diploma. L.2023, c.334, s.5.
N.J. Stat. § 34:15D-40 Eligible entities to be awarded funds, experience operating YouthBuild programs, Housing and Urban Development YouthBuild grant.
6. Eligible entities to be awarded funds under this act are not-for-profit private agencies with experience operating a YouthBuild program or entities that have received a federal Housing and Urban Development (HUD) YouthBuild grant or have experience in serving this population and have plans to incubate a YouthBuild program. Priority in the awarding of funds under this act shall be given to applicants with experience in operating YouthBuild programs or organizations that have received HUD YouthBuild funding. Only not-for-profit private agencies that are affiliates of YouthBuild USA or have received a federal HUD YouthBuild grant shall be eligible to use the term YouthBuild. L.2023, c.334, s.6.
N.J. Stat. § 34:15D-41 YouthBuild funds application requirements.
7. The commissioner shall require that an application for YouthBuild funds under this act contain at a minimum: a. A request for an implementation grant, specifying the amount of the grant requested and its proposed uses; b. A description of the applicant and a statement of its qualifications, including a description of the applicant's past experience running a YouthBuild program; with housing rehabilitation or construction; and with youth, youth education, youth leadership development and employment training programs, and other relevant community organizations; c. A description of the educational and job training activities, work opportunities, and other services that will be provided to participants; d. A description of the proposed construction or rehabilitation activities to be undertaken and the anticipated schedule for carrying out those activities; e. A description of the manner in which eligible youths will be recruited and selected, including a description of the arrangements which will be made with community-based organizations, local educational agencies, public assistance agencies, the courts of jurisdiction for status and youth offenders, shelters for homeless individuals and other agencies that serve homeless youth, foster care agencies, and other appropriate public and private agencies; f. A description of the special efforts that will be undertaken to recruit eligible young women (including young women with dependent children) with plans for addressing appropriate supports they may need, especially childcare; g. A description of how the proposed program will be coordinated with other youth-serving agencies in the service area; h. Assurances that there will be a sufficient number of adequately trained supervisory personnel in the program who have attained the level of journeyman or its equivalent; i. A description of the applicant's relationship with any local building trade unions, which may exist, regarding their involvement in training, and the relationship of the YouthBuild program with established apprenticeship programs; j. A description of activities that will be undertaken to develop the leadership skills of participants, including their role in decision making; k. A detailed budget and a description of the system of fiscal controls and auditing and accountability procedures that will be used to ensure fiscal soundness; l. A description of any contracts and arrangements entered into between the applicant and other agencies and entities including all in-kind donations and grants from both public and private entities that will serve to augment State YouthBuild funds; m. The qualifications and past experience of the person who will fill the full-time program director position; and n. Other information or factors as deemed necessary by the commissioner. L.2023, c.334, s.7.
N.J. Stat. § 34:15D-42 YouthBuild applicant selected for funding, provide information, certain; Department of Labor and Workforce Development, evaluation report, Governor, Legislature.
8. a. An applicant selected for funding under this act shall provide to the department information on program and participant outcomes, including but not limited to: attendance, retention, GED attainment, high school diplomas issued, educational improvement levels, placement, construction outcomes, and community service accomplishments. b. The department shall prepare and submit annual evaluation reports to the Governor and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) on the progress of individual programs funded under this act. The department shall prepare and submit a final evaluation report to the Governor and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on individual programs at the times of program completion. The final evaluation report shall include, but not be limited to, information on the effectiveness of the program, the status of program participants, and recommendations on program administration at the State and local level. The Department shall submit the first evaluation report by July 1, 2024, and subsequent annual reports by July 1 of each year thereafter. L.2023, c.334, s.8.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026