Section 34:2-21.1a - Database created, maintained, employment of minors; employer registration, required; rules, regulationsa. The department shall create and maintain a database for the employment of minors that is accessible by the public and that displays each employer that is required to register under P.L. 2022, c. 63(C.34:2-21.1a et al.).b. The database shall include the name and email address of each employer registered under P.L. 2022, c. 63(C.34:2-21.1a et al.).c. Any minor under the age of 18 years who desires to work, including but not limited to work as a news carrier or work in agriculture, shall complete a one-time registration on the database, but all information pertaining to the minor shall be confidential and shall not be accessible by the public. If the minor desires to work for a different employer or for an employer in addition to the employer for which the minor first registered, the minor shall update the minor's registration. The minor shall be required to submit documentation, in the form and manner prescribed by the department, sufficient to adequately identify the minor, including but not limited to the social security number of the minor, and confirm the age of the minor, as well as identify the caregiver of the minor. The minor shall provide contact information, including email, if available, for the minor's caregiver, as appropriate. The registration shall provide any physical limitations of which employers should be aware. Upon submission of documentation sufficient to meet the requirements of P.L. 2022, c. 63(C.34:2-21.1a et al.), and the requirements of P.L. 1940, c.153 (C.34:2-21.1 et seq.), the department shall maintain an employment certificate for the minor granting authorization for the minor to work in the occupation or field for which the minor has expressed an interest and provided documentation. Except as provided by subsection e. of this section, a minor shall not commence work with an employer unless that employer has received confirmation from the department that the minor has authorization to work.d. Each employer that hires, employs, or permits any minor under the age of 18 to work in a gainful occupation as permitted by P.L. 1940, c.153 (C.34:2-21.1 et seq.), shall register with the department, in the form and manner prescribed by the department, the following information:(1) The name of the employer;(2) The email address of the employer;(3) Any location of the employer's business operations, including any location at which a minor will be working;(4) The number and names of minors whom the employer has hired, employed, or permitted to work in a gainful occupation, or for seasonal employment, whom the employer expects to hire; and(5) A certified statement from the employer that the employer is employing minors in only those positions permitted by law to ensure the health, safety and well-being of minors. An employer shall be required to update the employer's registration as to any minor employee who is changing a position from the position for which the minor employee was originally hired to perform to a new position.
e. Within three days of an employer's or a minor's registration, the department shall cross-check names submitted by employers with minors who are registered on the database and, upon authorization by the minor's caregiver in accordance with subsection f. of this section, send an electronic confirmation to employers of the minor's authorization to work. If an employer does not receive confirmation from the department within one week of the employer's submission, employment of the minor may commence unless and until the employer receives notification from the department that the minor has not received authorization to work.f. Notwithstanding the provisions of any law to the contrary, and except as provided in this subsection, the department shall not approve a minor's registration to work pursuant to subsection c. of this section without a caregiver's authorization for the minor to work as specified by the minor in the minor's registration. The department shall provide notification to a caregiver of a minor who has registered with the database for the caregiver to provide an authorization or rejection of the minor's registration to work. The department shall send the notice by email, to the extent possible, and by certified mail if email is not available, regarding this authorization or rejection within three days of the minor's registration. The caregiver shall submit an authorization or rejection electronically through the registration system established pursuant to this section. If a caregiver does not submit an authorization or rejection within two weeks of the department's notification, then the department shall approve a minor's registration for work unless and until a caregiver submits a rejection through the registration system. If a minor updates the minor's registration to indicate a change in or addition of an employer, the department shall notify the caregiver by email, to the extent possible, and by certified mail if email is not available, of the change in registration. The caregiver shall submit an updated authorization or rejection electronically through the registration system established pursuant to this section. If a caregiver does not submit an authorization or rejection of the change within two weeks of the department's notification, then the department shall approve the minor's updated registration for work unless and until a caregiver submits a rejection through the registration system.g. The Employment of Minors Advisory Council is established to consult with and provide recommendations to the department for the creation and administration of the database. The council shall consist of five members: (1) One representative from the Department of Labor and Workforce Development to be appointed by the Governor;(2) One representative from the Department of Education to be appointed by the Governor;(3) Two members who are employers or who represent the interest of employers that employ a significant number of minors, one who shall be appointed by the Senate President and one who shall be appointed by the Speaker of the General Assembly; and(4) One public member to represent the interests of caregivers of minors, to be appointed by the Senate President and the Speaker of the General Assembly. Any vacancies occurring in the membership shall be filled in the same manner as the original appointments. The council shall hold at least two meetings per year to review the implementation and operations of the database.
h. The department, in consultation with the Employment of Minors Advisory Council and the Department of Education, shall promulgate rules and regulations necessary for the implementation of this act, P.L. 2022, c. 63(C.34:2-21.1a et al.), including but not limited to developing a schedule for the registration of employers and minors in accordance with this act, P.L. 2022, c. 63(C.34:2-21.1a et al.).Added by L. 2022, c. 63, s. 6, eff. 6/1/2023.