HISTORY: Adopted by the Mayor and Board of Aldermen of the
Town of Dover 1-28-2020 by Ord. No. 01-2020. Amendments noted
where applicable.]
In this chapter, the following words and phrases shall have
the meanings stated in this section unless the context otherwise requires:
Any business license or permit issued by the municipality
as authorized by N.J.S.A. 40:52-1.
Having been found guilty, liable or responsible in any judicial
or administrative proceeding for unpaid wages in violation of the
New Jersey State Wage and Hour Law (N.J.S.A. 34:11-56a et seq.), the
New Jersey State Wage Payment Law (N.J.S.A. 34:11-4.1 et seq.), N.J.S.A.
2C:40A-2, the Fair Labor Standards Act, 29 U.S.C. § 201
et seq., or any other federal or state law related to the payment
of wages or the collection of debt owed due to unpaid wages.
Notwithstanding any provision to the contrary, wage theft is
understood to have such an effect on the public morals and welfare
that no license shall be issued or renewed to an applicant, licensee,
or business entity that has been found liable of a wage theft violation
which has not been cured by compliance with the order or decision
of the judicial, governmental, or administrative entity determining
the same, within 90 days of any final judgment, inclusive of any appeal.
No license shall be transferred to or from an applicant, licensee,
or business entity that has been found liable of violation which has
not been cured by compliance with the order or decision of the judicial,
governmental, or administrative entity determining the same.
A.
At the time of its initial application and application for renewal
of its license, each applicant shall certify under penalty of perjury
whether applicant has been found guilty or liable of wage theft during
the prior 24 months; the dates, location, and nature of such wage
theft; efforts by the applicant to cure such wage theft violation;
and the ultimate disposition of any wage theft violations. The Town
of Dover shall maintain copies of the applications and certifications
for the purpose of complying with this ordinance.
B.
If the Town of Dover is made aware of adjudications of wage theft
against applicants or existing licensees, whether at the time of an
initial application for a license, an application for renewal of its
license, or after the issuance of the license, the Town Department
responsible for issuing the subject license shall 1) obtain a copy
of any order or decision of the judicial, governmental, or administrative
entity finding that a wage theft violation has occurred; 2) determine
whether 90 days of any final judgment, inclusive of any appeal, have
elapsed; and 3) request that the licensee or applicant provide documentation
of its having cured the wage theft violation or appealed from any
final judgment. If the Town Department determines that the licensee
or applicant has not cured the wage theft violation within 30 days
of the Department's request for documentation, then its license
shall be suspended, or application denied until the licensee or applicant
cures the wage theft violation and provides documentation of its having
cured same.
C.
Any information or reports of wage theft violation occurring in the
Town of Dover shall be routed by the Office of Administration to the
appropriate Town department responsible for issuing the subject license.
If an applicant makes false statements, fails to report information, or falsely certifies whether it has been found guilty or liable of wage theft in accordance with § 380-4 herein, the Town of Dover may seek revocation of any previously issued license or deny the application for a license or renewal.
A.
Each year as a matter of due diligence, the Office of Administration
shall submit an open public records request (OPRA) to the New Jersey
Department of Labor and Workforce Development - Wage and Hour Division
requesting for each licensee any wage claim forms filed against the
licensee during the prior 24 months, as well as any accompanying case
files, judgments, or determinations.
B.
The Office of Administration shall 1) obtain a copy of any order or decision of the judicial, governmental, or administrative entity finding that a wage theft violation has occurred; 2) determine whether 90 days of any final judgment, inclusive of any appeal, have elapsed. If so, the name of each such licensee shall be forwarded to the Town department responsible for issuing its license for disposition in accordance with § 380-4 herein.
All ordinances and provisions thereof inconsistent or conflicting
with the provisions of this chapter shall be repealed to the extent
of such conflict or inconsistency.
If any paragraph or provision of this chapter shall be adjudicated
invalid or unenforceable, such determination shall not, to the extent
severable, affect any other paragraph or provision of this chapter,
which shall otherwise remain in full force and effect.
This chapter shall take effect on April 1, 2019.
