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Z-122, was repealed 9-13-2011 by Ord.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