Responsibilities of labor contractor; certifications.

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34:8C-2 Responsibilities of labor contractor; certifications.

2. a. Any labor contractor that provides workers to a client employer in the construction industry shall:

(1) certify that the labor contractor has not charged recruitment fees to the workers;

(2) certify that the contractor is in compliance with all State and federal labor laws and regulations applicable to the contractor, including laws concerning wages, unemployment and temporary disability insurance, workers' compensation insurance, workplace safety and health, and the payment of payroll taxes; and

(3) certify that the owner or owners, and any employee of the labor contractor entity engaged in providing workers to client employers, have had criminal background checks in compliance with standards promulgated by the commissioner.

b. All certifications required by this act shall, in compliance with standards promulgated by the commissioner, be kept in written form on file by the contractor for not less than three years after the period of time to which they apply and be provided to the commissioner upon request, and provided to any client employer to whom the contractor provides workers at the time that the workers are provided. The client employer shall also keep the written certifications on file for a period of not less than three years after the period to which they apply and provide them to the commissioner upon request.

L.2021, c.271, s.2.


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