Bill Text: NJ S1401 | 2018-2019 | Regular Session | Introduced
Bill Title: Concerns withholdings and deductions from employee wages for certain payments.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-02-01 - Introduced in the Senate, Referred to Senate Labor Committee [S1401 Detail]
Download: New_Jersey-2018-S1401-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Concerns withholdings and deductions from employee wages for certain payments.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain withholdings and deductions from employee wages and amending P.L.1965, c.73 and P.L.1967, c.194.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.1965, c.73 (C.34:11-4.4) is amended to read as follows:
4. No employer may withhold or divert any portion of an employee's wages unless:
a. The employer is required or empowered to do so by New Jersey or United States law; or
b. The amounts withheld or diverted are for:
(1) Contributions authorized either in writing by employees, or under a collective bargaining agreement, to employee welfare, insurance, hospitalization, medical or surgical or both, pension, retirement, and profit-sharing plans, and to plans establishing individual retirement annuities on a group or individual basis, as defined by section 408 (b) of the federal Internal Revenue Code of 1986 (26 U.S.C.s.408(b)), or individual retirement accounts at any State or federally chartered bank, savings bank, or savings and loan association, as defined by section 408 (a) of the federal Internal Revenue Code of 1986 (26 U.S.C.s.408(a)), for the employee, his spouse or both.
(2) Contributions authorized either in writing by employees, or under a collective bargaining agreement, for payment into company-operated thrift plans; or security option or security purchase plans to buy securities of the employing corporation, an affiliated corporation, or other corporations at market price or less, provided such securities are listed on a stock exchange or are marketable over the counter.
(3) Payments authorized by employees for payment into employee personal savings accounts, such as payments to a credit union, savings fund society, savings and loan or building and loan association; and payments to banks for Christmas, vacation, or other savings funds; provided all such deductions are approved by the employer.
(4) Payments for company products purchased in accordance with a periodic payment schedule contained in the original purchase agreement; payments for employer loans to employees, in accordance with a periodic payment schedule contained in the original loan agreement; payments for safety equipment; payments for the purchase of United States Government bonds; payments to correct payroll errors; and payments of costs and related fees for the replacement of employee identification, which is used to allow employees access to sterile or secured areas of airports, in accordance with a fee schedule described in any airline media plan approved by the federal Transportation Security Administration; provided all such deductions are approved by the employer.
(5) Contributions authorized by employees for organized and generally recognized charities, and purchases authorized by employees made at events approved by the employer and sponsored by organized and generally recognized charities affiliated with the employer where at least 20 percent of the proceeds from the purchases at the event are being contributed to organized and generally recognized charities; provided the deductions for such contributions or purchases are approved by the employer; and provided, in the case of purchases: that the party making the sales maintains records documenting the amount of proceeds from the purchases and the percentage that the amount to be contributed to the charities represents of the sale price; that the party provides, upon request, to the employee or employer, a statement of that percentage based on those records, and makes the statement and the records available, upon request, to the Commissioner of Labor and Workforce Development; and that the employee is notified by the party of the requirements of this paragraph before making the purchase and is notified by the employer of those requirements before authorizing the withholding, including the requirement that at least 20 percent of the proceeds are contributed to charity and the requirement that the party provide, upon request of the employee, a statement of the percentage that the amount to be contributed to charity represents of the sale price.
(6) Payments authorized by employees or their collective bargaining agents for the rental of work clothing or uniforms or for the laundering or dry cleaning of work clothing or uniforms; provided the deductions for such payments are approved by the employer.
(7) Labor organization dues and initiation fees, and such other labor organization charges permitted by law.
(8) Contributions authorized in writing by employees, pursuant to a collective bargaining agreement, to a political committee, continuing political committee, or both, as defined in section 3 of P.L.1973, c.83 (C.19:44A-3), established by the employees' labor union for the purpose of making contributions to aid or promote the nomination, election or defeat of any candidate for a public office of the State or of a county, municipality or school district or the passage or defeat of any public question, subject to the conditions specified in section 2 of P.L.1991, c.190 (C.34:11-4.4a).
(9) Contributions authorized in writing by employees to any political committee or continuing political committee, other than a committee provided for in paragraph (8) of this subsection, for the purpose of making contributions to aid or promote the nomination, election or defeat of any candidate for a public office of the State or of a county, municipality or school district or the passage or defeat of any public question, subject to the conditions specified in section 2 of P.L.1991, c.190 (C.34:11-4.4a); in making a payroll deduction pursuant to this paragraph the administrative expenses incurred by the employer shall be borne by such committee, at the option of the employer.
(10) Payments authorized by employees for employer-sponsored programs for the purchase of insurance or annuities on a group or individual basis, if otherwise permitted by law.
(11) Such other contributions, deductions and payments as the Commissioner of Labor and Workforce Development may authorize by regulation as proper and in conformity with the intent and purpose of this act, if such deductions are approved by the employer.
(cf: P.L.2009, c.226, s.1)
2. Section 1 of P.L.1967, c.194 (C.52:14-15.9d) is amended to read as follows:
1. a. Whenever any person holding public office, position or employment, whose compensation is paid by this State or by any board, body, agency, authority or commission thereof, shall indicate in writing to the proper disbursing officer his desire to have any deductions made from his compensation for payment to a credit union the membership of which is limited to public employees, organized under the laws of this State or of the United States, such deductions shall be made by the State Treasurer, if such compensation is payable by the State Treasurer, or by any other disbursing officer of the board, body, agency, authority or commission, if such compensation is payable by him, and shall be transmitted to the treasurer of the credit union. Any such written authorization may be withdrawn upon filing notice of such withdrawal with the State Treasurer or such disbursing officer, as the case may be.
b. The provisions of this section shall not be interpreted to prevent a person holding public office, position or employment, whose compensation is paid by this State or by any board, body, agency, authority or commission thereof, from indicating in writing to the proper disbursing officer his desire to have more than one deduction made from his compensation for payment to more than one credit union account and, once indicated, such deductions shall be made by the State Treasurer or disbursing officer, as appropriate, and shall be transmitted to the treasurer of the credit union. Any such written authorization may be withdrawn upon filing notice of such withdrawal with the State Treasurer or disbursing officer, as the case may be.
(cf: P.L.1973, c.35, s.2)
3. This act shall take effect immediately.
STATEMENT
This bill permits an employer to withhold a portion of an employee's wages for purchases authorized by employees made at events authorized by the employer and sponsored by organized and generally recognized charities that are affiliated with the employer where at least 20 percent of the proceeds from the event are being contributed to organized and generally recognized charities.
Under current law, withholdings from an employee's wages are permitted for contributions directly to organized and generally recognized charities, not purchases made by an employee from third party vendors at events sponsored by charities affiliated with an employer.
The bill allows withholdings of an employee's wages for purchases made at events sponsored by charities where at least 20 percent of the proceeds from the event are being contributed to charities.
The bill requires that the party making the sales: maintains records of the amount of sales proceeds and the percentage that the proceeds contributed to charities represents of the total proceeds; provides, upon employee or employer request, a statement of that percentage, and makes the statement and the records available, upon request, to the Commissioner of Labor and Workforce Development; and notifies the employee of the bill's requirements before the purchase is made. The bill also requires that the employer notifies the employee of the bill's requirements before the employee authorizes the withholding.
The bill also permits employees and office holders of the State to request multiple payroll deductions for payments to multiple credit union accounts.
