N.J. Stat. tit. 34, ch. 2

in effect

N.J. Stat. § 34:2-1 Definitions

As used in this chapter: "Bakery" includes all buildings, rooms or places where biscuits, pies, bread, crackers, cakes and confectionery are made or manufactured for sale. "Custodian" means any person, organization or society having the legal custody of a child. "Laundry" means any place which laundry work is regularly carried on. "Manufacturing establishment" means any place where articles for use or consumption are regularly made. "Mercantile establishment" means any place where goods, wares, or merchandise are offered for sale. "Restaurant" means any place where meals or refreshments, both food and drink, are served to the public.

N.J. Stat. § 34:2-21.1 Definitions.

1. (a) (Deleted by amendment, P.L.2022, c.63.) (b) (Deleted by amendment, P.L.2022, c.63.) (c) (Deleted by amendment, P.L.2022, c.63.) (d) "School district" means any geographical area having authority over the public schools within that area. (e) "Agriculture" includes farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in subsection (g) of section 15 of the Agricultural Marketing Act, 46 Stat. 11 (12 U.S.C. s. 141 et seq.), as amended); the planting, transplanting, and care of trees, shrubs, and plants; the raising of livestock, bees, fur-bearing animals, or poultry; and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage, to market, or to carriers for transportation to market, provided that such practices shall be performed in connection with the handling of agricultural or horticultural commodities the major portion of which have been produced upon the premises of an owning or leasing employer. (f) "Newspaper carrier" means any minor between 12 and 18 years of age who engages in the occupation of delivering, soliciting, selling, and collecting for newspapers outside of school hours on residential routes. (g) "Restaurant" means any establishment or business primarily engaged in the preparation and serving of meals or refreshments, both food and drink, and shall include, but not be limited to, the following: dining establishments, catering establishments, industrial caterers, and drive-in restaurants. (h) "Theatrical production" means and includes stage, motion picture, and television performances and rehearsals therefor. (i) "Seasonal amusement" means any exclusively recreational or amusement establishment or business which does not operate more than seven months in any calendar year or which has received during any consecutive six months of the preceding calendar year average receipts equal to or less than 33 1/3% percent of its average receipts for the other six months of that year. "Seasonal amusement" includes, but is not limited to, amusement rides and amusement device ticket sales, and operations of games. However, "seasonal amusement" does not include retail, eating or drinking concessions, camps, beach and swimming facilities, movie theatres, theatrical productions, athletic events, professional entertainment, pool and billiard parlors, circuses and outdoor shows, sport activities or centers, country club athletic facilities, bowling alleys, race tracks, and like facilities which are not part of a diversified amusement enterprise. "Commissioner" means the Commissioner of Labor and Workforce Development. "Department" means the Department of Labor and Workforce Development. "Caregiver" means a person over 18 years of age who is the biological parent, adoptive parent, foster parent, resource family parent, step-parent, parent-in-law, or legal guardian, having a "parent-child relationship" with a child as defined by law, or having sole or joint legal or physical custody, care, guardianship, or visitation with a child, or who became the parent of the child pursuant to a valid written agreement between the parent and a gestational carrier. “Family member” means a person related by blood or marriage, including civil unions and domestic partnerships, or whose close relationship with each other is considered equivalent to a family relationship by the individuals. “Online platform” means any public-facing website, web application, or digital application, including a mobile application. “Online platform” includes a social network, advertising network, mobile operating system, search engine, email service, and Internet access service. “Name” means the actual or assumed name, or nickname, of a living individual that is intended to identify that individual. “Recreational purposes” means an activity performed not for profit and for enjoyment or leisure, outside of work or business. “Vlog” means video content shared on an online platform in exchange for compensation. “Vlogger” means a person who creates video content for a business or other non-recreational purpose with the intent to generate income that employs a minor in exchange for compensation, that is performed in the State, and includes any proprietorship, partnership, company, or other corporate entity assuming the name or identity of a particular caregiver or family member for the purposes of that content creation. “Vlogger” does not include any person under the age of 18 who produces that person’s own vlogs for solely recreational purposes. L. 1940, c. 153, s. 1; amended by L. 1964, c. 288, s. 1; 1965, c. 3, s. 1; 1968, c. 61, s. 1; 1972, c. 196; 1981, c. 331, s. 1; 1987, c. 125, s. 1; 2022, c.63, s.1; 2025, c.355, s.1.

N.J. Stat. § 34:2-21.1a Database created, maintained, employment of minors; employer registration, required; rules, regulations.

6. a. 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.). L.2022, c.63, s.6.

N.J. Stat. § 34:2-21.2 Minors under 16 not to be employed; exceptions; nonresidents

2. No minor under 16 years of age shall be employed, permitted, or suffered to work in, about, or in connection with any gainful occupation at any time; provided, that minors between 14 and 16 years of age may be employed, permitted or suffered to work outside school hours and during school vacations but not in or for a factory or in any occupation otherwise prohibited by law or by order or regulation made in pursuance of law; and provided, further, that minors under 16 years of age may engage in professional employment in theatrical productions upon the obtaining of a permit therefor and may engage outside school hours and during school vacations in agricultural pursuits or in street trades and as newspaperboys as defined in this act, in accordance with the provisions of section 15 of this act. Minors may also engage in employment in domestic service performed outside of school hours or during school vacations, in a residence other than the minor's own home. Nothing in this act shall be construed to apply to the work of a minor engaged in domestic service or agricultural pursuits performed outside of school hours or during school vacations in connection with the minor's own home and directly for his parents or legal guardian. Except as to the employment of a minor for whom a theatrical employment permit has been issued, no minor under 16 years of age not a resident of this State shall be employed, permitted or suffered to work in any occupation or service whatsoever at any time during which the law of the state of his residence required his attendance at school, or at any time during the hours when the public schools in the district in which employment in such occupation or services may be available are in session. L.1940, c. 153, p. 332, s. 2. Amended by L.1956, c. 127, p. 530, s. 1; L.1962, c. 91, s. 9; L.1964, c. 288, s. 2; L.1983, c. 196, s. 1, eff. May 27, 1983; amended 2022, c.63, s.2.

N.J. Stat. § 34:2-21.3 Limitations on minors' working hours.

3. a. Except as provided in section 15 of P.L.1940, c.153 (C.34:2-21.15) and except for domestic service or messengers employed by communications companies subject to the supervision and control of the Federal Communications Commission, no minor under 18 years of age shall be employed, permitted, or suffered to work in, about, or in connection with any gainful occupation more than six consecutive days in any one week, or more than 40 hours in any one week, or more than eight hours in any one day, nor shall any minor under 16 years of age be so employed, permitted, or suffered to work before 7 a.m. or after 7 p.m. of any day, except that during the school year, a minor who is at least 14 or 15 years of age may work during non-school hours, for no more than three hours on a school day and no more than 18 hours in a school week, and up to eight hours on a non-school day during a school week, and except a minor who is 14 or 15 years of age may work in a restaurant, supermarket or other retail establishment, or in any occupation not prohibited by the provisions of this act, P.L.1940, c.153 (C.34:2-21.1 et seq.) or by regulations promulgated by the commissioner pursuant to this act, P.L.1940, c.153 (C.34:2-21.1 et seq.), up to 40 hours in a week during the period beginning on the last day of a minor's school year and ending on Labor Day of each year until 9 p.m. of any day, and except a minor who is 14 or 15 years of age may be employed as a little league umpire for little leagues chartered by Little League Baseball, Incorporated, until 9 p.m. of any day; and except a minor who is 14 or 15 years of age may be employed as a professional athlete by a national sports association, league, or team until 11:30 p.m. of any day and following 11:30 p.m. of any day in the event that employment is a continuation of a workday which begins before 11:30 p.m. but ends later due to return travel or due to a match or game time delay, with a special written permit from the minor's parents or legal guardian stating the hours that the minor is permitted to work; nor shall any minor between 16 and 18 years of age be so employed, permitted, or suffered to work before 6 a.m. or after 11 p.m. of any day; provided that minors between 16 and 18 years of age may be employed after 11 p.m. during any regular vacation season, and on days which do not precede a regularly scheduled school day; provided that minors between 16 and 18 years of age may be employed in a seasonal amusement or restaurant occupation after 11 p.m. and following 12:01 a.m. of the next day, if that employment is a continuation of a workday which began before 11 p.m., either during any regular school vacation season, or on workdays which do not begin on a day which precedes a regularly scheduled school day, except that in no case shall minors between 16 and 18 years of age be employed after 3 a.m. or before 6 a.m. on a day which precedes a regularly scheduled school day; provided, further, that minors may be employed in a concert or a theatrical performance up to 11:30 p.m.; provided, further, that minors between 16 and 18 years of age may serve at an election pursuant to R.S.19:6-2, between the hours of 5:30 a.m. and 9:00 p.m. on a day that the election is held; and provided, further, that minors not less than 16 years of age and who are attending school may be employed as pinsetters, lane attendants, or busboys in public bowling alleys up to 11:30 p.m.; and provided, further, that minors between 16 and 18 years of age may not be employed after 10 p.m. during the regular school vacation seasons in or for a factory or in any occupation otherwise prohibited by law or by order or regulation made in pursuance of law. The hours of work of minors under 16 employed outside school hours shall not exceed three hours in any one day when school is in session and shall not exceed in any one week when school is in session the maximum number of hours permitted for that period under the federal "Fair Labor Standards Act of 1938," 29 U.S.C.s.201 et seq., and regulations promulgated pursuant to that federal act. b. Notwithstanding the provisions of subsection a. of this section, a minor between 16 and 18 years of age may work up to 50 hours in one week and up to 10 hours in one day during the period beginning on the last day of the minor's school year and ending on Labor Day. This subsection shall take effect immediately upon the date of enactment. c. This section is not applicable to the employment of a minor between 16 and 18 years of age during the months of June, July, August or September by a summer resident camp, conference or retreat operated by a nonprofit or religious corporation or association, unless the employment is primarily general maintenance work or food service activities. L.1940,c.153,s.3; amended 1941, c.139, s.1; 1968, c.61, s.2; 1979, c.228; 1980, c.22; 1981, c.331, s.2; 1984, c.68; 1988, c.112, s.1; 1989, c.121, s.1; 1998, c.138; amended 2022, c.63, s.3; 2022, c.66; 2024, c.104; 2025, c.163.

N.J. Stat. § 34:2-21.4 Lunch period for minors under 18

4. No minor under eighteen years of age shall be employed or permitted to work for more than six hours continuously without an interval of at least thirty minutes for a lunch period, and no period of less than thirty minutes shall be deemed to interrupt a continuous period of work. L.1940, c. 153, p. 334, s. 4; amended 2022, c.63, s.4.

N.J. Stat. § 34:2-21.5 Posting of law, list of prohibited occupations and schedule of hours of labor; permitting minors to begin later or stop earlier than time stated in schedule

Every employer shall post and keep conspicuously posted in the establishment wherein any minor under 18 is employed, permitted, or suffered to work a printed abstract of this act and a list of the occupations prohibited to such minors, to be furnished by the Department of Labor, and a schedule of hours of labor which shall contain the name of each minor under 18 the maximum number of hours he shall be required or permitted to work during each day of the week, the total hours per week, the time of commencing and stopping work each day, and the time for the beginning and ending of the daily meal period. An employer may permit such minor to begin work after the time for beginning, and stop before the time for ending work stated in the schedule; but he shall not otherwise employ or permit him to work except as stated in the schedule. This schedule shall be on a form provided by the Department of Labor and shall remain the property of that department. Nothing in this section shall apply to the employment of minors in agricultural pursuits or in domestic service in private homes, or as newspaperboys as provided in this act. L.1940, c. 153, p. 334, s. 5. Amended by L.1964, c. 288, s. 3.

N.J. Stat. § 34:2-21.6 Record of employment of minors under 19

Every employer shall keep a record, in a form approved by the Department of Labor, which shall state the name, date of birth and address of each person under 19 years of age employed, the number of hours worked by said person on each day of the week, the hours of beginning and ending such work, the hours of beginning and ending meal periods, the amount of wages paid, and such other information as the department shall by regulation require. Such record shall be kept on file for at least 1 year after the entry of the record and shall be open to the inspection of the Department of Labor, of attendance officers and of police officers. Nothing in this section shall apply to the employment of minors in agricultural pursuits, or in domestic service in private homes, or as newspaperboys as provided in this act. L.1940, c. 153, p. 334, s. 6. Amended by L.1964, c. 288, s. 4.

N.J. Stat. § 34:2-21.15 Street trade; agricultural pursuits; ages when permitted; special permits; newspaper carriers

15. Except as hereinafter provided as to newspaper carriers, no minor under 14 years of age may engage in any street trade, which term, for the purpose of this section shall include the selling, offering for sale, soliciting for, collecting for, displaying, or distributing any articles, goods, merchandise, commercial service, posters, circulars, newspapers or magazines or in blacking shoes on any street or other public place or from house to house. No minor under 12 years of age may be employed in agricultural pursuits. Whenever a minor has graduated from vocational school, approved by the Commissioner of Education and is 17 years of age, the minor's diploma or certified copy thereof and an employment certificate provided by the Department of Labor and Workforce Development shall be deemed authorization to engage in those pursuits in which the minor majored in said vocational school during those hours permitted for persons 18 years of age and over. Except as hereinafter provided as to newspaper carriers, whenever a minor under 16 years of age desires to work during such times as the schools of the district in which the minor resides are not in session in any street trade or in agricultural pursuits, the minor may register with the Department of Labor and Workforce Development an application for authorization to work. Such registration shall show the exact character of the work the minor is to do, and the hours and wages and special conditions under which said work is to be performed. If upon investigation it is found that the facts set forth in the application are true and that the work will not interfere with the minor's health or standing in school, the Department of Labor and Workforce Development shall issue authorization allowing the minor to work at such times as the public schools in the district are not in session, but such work except in agricultural pursuits, and as newspaper carriers, to be otherwise subject to the maximum hours of labor provisions set for minors under 16 years of age in section 3 of P.L.1940, c.153 (C.34:2-21.3); provided, that nothing in P.L.1940, c.153 (C.34:2-21.1 et seq.) shall prevent newspaper carriers as defined in P.L.1940, c.153 (C.34:2-21.1 et seq.), between 11 and 14 years of age, from delivering, soliciting, selling and collecting for newspapers on routes in residential neighborhoods between the hours of 6:00 o'clock in the morning and 7:00 o'clock in the evening of any day; and newspaper carriers 14 years of age and older from delivering, soliciting, selling and collecting for newspapers on routes in residential neighborhoods between the hours of 5:30 o'clock in the morning and 8:00 o'clock in the evening of any day; and provided further that no newspaper carrier under the age of 18 years shall be permitted to engage in such occupation beyond the period of time wherein the combined hours devoted to said occupation as a newspaper carrier and the hours in school shall exceed a total of 40 hours per week and not more than 8 hours in any 1 day; and provided, further, that minors engaged in agricultural pursuits may be employed no more than 10 hours per day. Such authorization shall show the name, address, and date of birth of the minor for whom it is issued, the kind of proof of age submitted, the nature of the occupation in which the minor is to engage, and such other information as the Department of Labor and Workforce Development may require. Any authorization for work in agriculture shall be issued and active until the minor is 18 years of age. Upon application by the minor who desires to work as a newspaper carrier as defined in P.L.1940, c.153 (C.34:2-21.1 et seq.), who is between the ages of 11 and 18 years of age, to the publisher of any newspaper in this State and upon receiving authorization from the Department of Labor and Workforce Development, such publisher may employ such newspaper carrier to deliver, solicit, sell and collect for newspapers outside of the newspaper carrier's school hours on residential routes, and on Sundays and during school vacations. The authorization shall show the name, address and date of birth of the newspaper carrier for whom it is issued, and such other information as the Department of Labor and Workforce Development may require. The authorization shall remain in full force and effect unless and until the minor is 18 years of age. The publisher shall keep a record of the name, address and birth date of each newspaper carrier who is a minor. Such records shall be kept on file by said publisher for a period of two years after the newspaper carrier has ceased delivering newspapers published by said publisher. L.1940, c. 153, p. 341, s. 15. Amended by L.1964, c. 288, s. 5; L.1965, c. 3, s. 2; L.1970, c. 115, s. 1, eff. June 26, 1970; L.1980, c. 90, s. 1; L.1981, c. 490, s. 1, eff. Jan. 12, 1982; amended 2022, c.63, s.5.

N.J. Stat. § 34:2-21.16 Fees or expenses not to be paid by child, parent or guardian

No fees or expenses incurred in obtaining any certificates under this act shall be charged to or paid by any child, parent, guardian or other person having custody or control of such a child for any service had under this act. L.1940, c. 153, p. 343, s. 16.

N.J. Stat. § 34:2-21.17 Prohibited employment.

17. No minor under 16 years of age shall be employed, permitted or suffered to work in, about, or in connection with power-driven machinery. No minor under 18 years of age shall be employed, permitted or suffered to work in, about, or in connection with the following: The manufacture or packing of paints, colors, white lead, or red lead; The handling of dangerous or poisonous acids or dyes; injurious quantities of toxic or noxious dust, gases, vapors or fumes; Work involving exposure to benzol or any benzol compound which is volatile or which can penetrate the skin; The manufacture, transportation or use of explosives or highly inflammable substances; Oiling, wiping, or cleaning machinery in motion or assisting therein; Operation or helping in the operation of power-driven woodworking machinery; provided, that apprentices operating under conditions of bona fide apprenticeship may operate such machines under competent instruction and supervision; Grinding, abrasive, polishing or buffing machines; provided, that apprentices operating under conditions of bona fide apprenticeship may grind their own tools; Punch presses or stamping machines if the clearance between the ram and the dye or the stripper exceeds 1/4 inch; Cutting machines having a guillotine action; Corrugating, crimping or embossing machines; Paper lace machines; Dough brakes or mixing machines in bakeries or cracker machinery; Calender rolls or mixing rolls in rubber manufacturing; Centrifugal extractors, or mangles in laundries or dry cleaning establishments; Ore reduction works, smelters, hot rolling mills, furnaces, foundries, forging shops, or any other place in which the heating, melting, or heat treatment of metals is carried on; Mines or quarries; Steam boilers carrying a pressure in excess of 15 pounds; Construction work of any kind, except in the construction of affordable housing as a volunteer for a nonprofit organization as provided in section 1 of P.L.1994, c.82 (C.34:2-21.17d); Fabrication or assembly of ships; Operation or repair of elevators or other hoisting apparatus; The transportation of payrolls other than within the premises of the employer. No minor under 18 years of age shall be employed, permitted, or suffered to work in, about, or in connection with any establishment where alcoholic liquors are distilled, rectified, compounded, brewed, manufactured, bottled, or are sold for consumption on the premises, or in a pool or billiard room; provided, however, this paragraph shall not apply to minors 16 years of age or over, employed as pinsetters, lane attendants, or busboys in public bowling alleys as provided in section 3 of P.L.1940, c.153 (C.34:2-21.3) or to minors employed in theatrical productions where alcoholic beverages are sold on the premises. Minors 14 years of age or over may be employed as golf course caddies and pool attendants. No minor under 18 years of age shall be employed, permitted, or suffered to work in any place of employment, or at any occupation hazardous or injurious to the life, health, safety, or welfare of such minor, as such occupation shall, from time to time, be determined and declared by the Commissioner of Labor to be hazardous or injurious to the life, health, safety, or welfare of such minor, after a public hearing thereon and after such notice as the commissioner may by regulation prescribe. None of the provisions of this section regarding employment in connection with alcoholic liquors shall be construed to prevent the employment of minors 16 years of age or more in a restaurant as defined in section 1 of P.L.1940, c.153 (C.34:2-21.1) and as provided for in section 3 of P.L.1940, c.153 (C.34:2-21.3), in a public bowling alley as provided in this section, or in the executive offices, maintenance departments, or pool or beach areas of a hotel, motel or guesthouse; provided, however, that no minor shall engage in the preparation, sale or serving of alcoholic beverages, nor in the preparation of photographs, nor in any dancing or theatrical exhibition or performance which is not part of a theatrical production where alcoholic beverages are sold on the premises, while so employed; and provided, further, that any minor so employed shall be closely supervised while engaged in the clearing of alcoholic beverages. Nothing in this section shall be deemed to apply to the work done by pupils in public or private schools of New Jersey, under the supervision and instruction of officers or teachers of such organizations or schools, or to a minor who is 17 years of age employed in the type of work in which such minor majored under the conditions of the special vocational school graduate permit provided in section 15 of P.L.1940, c.153 (C.34:2-21.15). Nothing in this section shall be construed to prevent minors 14 years of age or older who are members of a Junior Firefighters' Auxiliary, created pursuant to N.J.S.40A:14-95, from engaging in any activities authorized by N.J.S.40A:14-98. Notwithstanding any provision of this section to the contrary, a minor who is 15 years of age or older may work as a cashier or bagger on or near a supermarket or retail establishment cash register conveyor belt. L.1940, c.153, s.17; amended 1941, c.139, s.2; 1957, c.131; 1968, c.61, s.3; 1970, c.115, s.2; 1973, c.204; 1979, c.202; 1980, c.90, s.2; 1981, c.83, s.1; 1981, c.331, s.3; 1981, c.511, s.18; 1988, c.112, s.2; 1989, c.121, s.2; 1994, c.82, s.3; 2020, c.126, s.5.

N.J. Stat. § 34:2-21.17a Inapplicability of s. 34:2-21.17 to participants in junior achievement program

Section 17 to P.L. 1940, c. 153 (C. 34:2-21.17) shall not apply to minors under the age of 18 years who participate or work in any junior achievement program. As used in this act "junior achievement program" means any program under which minors under the age of 18 engage in business enterprises or activities pursuant to an economics education program conducted under the guidance of adult sponsors from private business and industry. L.1982, c. 170, s. 1, eff. Nov. 5, 1982.

N.J. Stat. § 34:2-21.17b Provisions for minors as volunteers at recycling centers

Concurrent with all other provisions of P.L. 1940, c. 153 (C. 34:2-21.1 et seq.), minors who are 12 through 17 years of age shall be permitted to work as volunteers at community operated noncommercial recycling centers operated by a municipality or a community service organization authorized by a municipality to operate a recycling center subject to the following provisions: a. That these recycling centers handle only those waste products normally included in the municipal waste stream such as newspapers and glass and metal beverage containers; b. That under no circumstances shall a minor be permitted to work in a community recycling center that is in any way associated with a profit making commercial enterprise other than to sell the recyclable products referred to in subsection a.; c. That no minor shall operate, perform maintenance, clean, inspect or work in, about, or in connection with any power driven machinery involved in the recycling process; d. That no minor shall work in a community recycling center without the safety equipment required by law; e. That no minor shall be permitted to work as a volunteer at a recycling center except under the direct supervision of an adult; f. That no minor shall handle or be exposed to hazardous waste products or other hazardous substances; and g. That the municipality which operates the center or authorizes the operation of the center by a community service organization has secured adequate liability insurance to provide compensation for all injuries sustained by minors working voluntarily at the center. For the purposes of this section, "community operated noncommercial recycling center" means any recycling center that is sponsored by a municipality and is engaged in the recycling activity as a community service. L. 1987, c. 249, s. 1.

N.J. Stat. § 34:2-21.17c Not considered employee.

A minor working voluntarily at a recycling center shall not be deemed an employee under R.S. 34:15-36. A municipality or community service organization which uses the services of a minor under this act shall not be subject to R.S. 34:15-10, provided that the municipality or organization has fully complied with P.L. 1940, c. 153 (C. 34:2-21.1 et seq.) and the provisions of this act. L. 1987, c. 249, s. 2.

N.J. Stat. § 34:2-21.17d Employment of minors as volunteers for certain nonprofit organizations

1. Concurrent with all other provisions of P.L.1940, c.153 (C.34:2-21.1 et seq.), minors who are 14 through 17 years of age shall be permitted to work as volunteers for nonprofit organizations engaged in the construction of affordable housing as determined by the Commissioner of Labor subject to the following provisions: a. That under no circumstances shall a minor be permitted to work in a project involving the construction of affordable housing that is in any way associated with a profit-making commercial enterprise; b. That no minor shall operate, perform maintenance, clean, inspect or work in, about, or in connection with any power-driven machinery involved in the construction of affordable housing; c. That no minor shall engage in the construction of affordable housing without the safety equipment required by law; d. That no minor shall be permitted to work as a volunteer in the construction of affordable housing except under the direct supervision of an adult; e. That no minor shall be exposed to hazardous waste products or other hazardous substances; f. That no minor shall be permitted to work on any excavation, scaffolding or roofing; g. That no minor shall be permitted to work: (1) during school hours; (2) before 7 a.m.; (3) after 7 p.m.; except that minors may work until 9 p.m. between Memorial Day and Labor Day; (4) for more than five consecutive hours without a half-hour break; and (5) for more than 18 hours per week when school is in session; and h. That the nonprofit organization engaged in the construction of affordable housing has secured liability insurance to provide compensation for all injuries, including, but not limited to, occupational illness, sustained by minors working voluntarily in the construction of affordable housing. The insurance required by this section shall have coverage limits of at least $2,500,000 per occurrence, at least $2,500,000 aggregate per year and $250,000 for property damage, or such higher amounts as the Commissioner of Insurance may promulgate from time to time to adjust for inflation. L.1994,c.82,s.1.

N.J. Stat. § 34:2-21.17e Minor working voluntarily not deemed employee

2. A minor working voluntarily in the construction of affordable housing pursuant to section 1 of this act shall not be deemed an employee under R.S.34:15-36. A nonprofit organization which uses the services of a minor under this act shall not be subject to R.S.34:15-10, provided that the nonprofit organization has fully complied with P.L.1940, c.153 (C.34:2-21.1 et seq.) and the provisions of this act. L.1994,c.82,s.2.

N.J. Stat. § 34:2-21.17f Inapplicability of C.34:2-21.17 under certain circumstances; "educational program in science" defined.

1. Section 17 of P.L.1940, c.153 (C.34:2-21.17) shall not apply to minors under the age of 18 who have successfully reached the ninth or higher grade level and who have the approval of a parent or guardian to participate or work in any educational program in science. A school student shall not participate or work in the program more than 20 hours per week during the school year. As used in this act "educational program in science " means a program in which any minor under the age of 18 who has successfully reached the ninth or higher grade level participates in a scientific project or activity located in a research facility pursuant to an educational program under the supervision of the minor's school and adult sponsors from private business and industry, provided that no supervision by a school shall be required if the minor is a high school graduate. L.2000,c.31,s.1.

N.J. Stat. § 34:2-21.17g Rules, regulations.

2. The Commissioner of Labor, in consultation with the Commissioner of Education, shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to implement the provisions of this act. L.2000,c.31,s.2.

N.J. Stat. § 34:2-21.18 Enforcement of act; inspection of places and certificates

It shall be the duty of the Department of Labor and its inspectors and agents, acting under the Commissioner of Labor, to enforce the provisions of this act, to make complaints against persons violating its provisions, and to prosecute violations of the same. The Commissioner of Labor and any inspector or other authorized person acting under him, attendance officers and other persons employed by law to compel the attendance of children at school, and officers and agents of any duly incorporated society for the protection of children from cruelty and neglect, shall have authority to enter and inspect at any time any place or establishment covered by this act, and to have access to employment or age certificates or special permits kept on file by the employers and such other records as may aid in the enforcement of this act. L.1940, c. 153, p. 345, s. 18.

N.J. Stat. § 34:2-21.19 Penalty, Child Labor Law Enforcement Trust Fund, Advisory Board; annual report.

19. a. Whoever employs or permits or suffers any minor to be employed or to work in violation of this act, or of any order or ruling issued under the provisions of this act, or obstructs the Department of Labor and Workforce Development, its officers or agents, or any other person authorized to inspect places of employment under this act, and whoever, having under his control or custody any minor, permits or suffers him to be employed or to work in violation of this act, shall be guilty of an offense. If a defendant acts knowingly, an offense under this section shall be a crime of the fourth degree. Otherwise it shall be a disorderly persons offense and the defendant shall, upon conviction for a violation, be punished by a fine of not less than $100 nor more than $2,000 for an initial violation and not less than $200 nor more than $4,000 for each subsequent violation. Each day during which any violation of this act continues shall constitute a separate and distinct offense, and the employment of any minor in violation of the act shall with respect to each minor so employed, constitute a separate and distinct offense. b. As an alternative to or in addition to any other sanctions provided by law for violations of P.L.1940, c.153 (C.34:2-21.1 et seq.), when the Commissioner of Labor and Workforce Development finds that an individual has violated that act, the commissioner is authorized to assess and collect administrative penalties of not more than $500 for a first violation, not more than $1,000 for a second violation, and not more than $2,500 for each subsequent violation, specified in a schedule of penalties to be promulgated as a rule or regulation by the commissioner in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). When determining the amount of the penalty imposed because of a violation, the commissioner shall consider factors which include the history of previous violations by the employer, the seriousness of the violation, the good faith of the employer, and the size of the employer's business. No administrative penalty shall be levied pursuant to this section unless the Commissioner of Labor and Workforce Development provides the alleged violator with notification of the violation and of the amount of the penalty by certified mail and an opportunity to request a hearing before the commissioner or his designee within 15 days following the receipt of the notice. If a hearing is requested, the commissioner shall issue a final order upon such hearing and a finding that a violation has occurred. If no hearing is requested, the notice shall become a final order upon expiration of the 15-day period. Payment of the penalty is due when a final order is issued or when the notice becomes a final order. Any penalty imposed pursuant to this section may be recovered with costs in a summary proceeding commenced by the commissioner pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c. 274 (C.2A:58-10 et seq.). Any sum collected as a fine or penalty pursuant to this section shall be deposited in the Child Labor Law Enforcement Trust Fund established pursuant to subsection c. of this section. c. There is established in the Department of Labor and Workforce Development the Child Labor Law Enforcement Trust Fund. All moneys in the fund shall be applied by the department toward the enforcement of the provisions of P.L.l940, c.153 (C.34:2-21.1 et seq.) and to disseminate information and publicity regarding those provisions to employers, employer organizations, employees, unions, and teachers, counselors, social workers and other professionals engaged in work involving the welfare of children. d. There is established a Child Labor Law Enforcement Advisory Board to advise the Commissioner of Labor and Workforce Development, and issue an annual report, regarding the use of moneys from the Child Labor Law Enforcement Trust Fund and other issues the board deems appropriate concerning child labor, including the impact of excessive or hazardous work on the educational success, health and general well-being of children. The board shall consist of the commissioner or his designee, who shall serve as the chair, and seven members appointed by the commissioner as follows: two members representing organizations of employers in industries with significant numbers of employees who are minors, two members representing labor unions in industries with significant numbers of employees who are minors, one member representing an organization of school administrators, one member representing an organization of school employees, and one member who is an individual with expertise on the impact of excessive or hazardous work on the educational success, health, and general well-being of children. Members appointed by the commissioner shall be appointed for two-year terms and may be appointed for any number of terms. Members shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties. Action may be taken by the board by an affirmative vote of a majority of its members. The first annual report shall be issued not later than 12 months after the effective date of this act. Each annual report may include recommendations to enhance the enforcement and publicizing of the provisions of P.L.l940, c.153 (C.34:2-21.1 et seq.). The advisory board shall have access to reports, data and other information regarding child labor in the possession of the department and assistance from department personnel as required to perform its duties. L.1940,c.153,s.19; amended 1981, c.331, s.9; 1991, c.205, s.6; 2005, c.167.

N.J. Stat. § 34:2-21.20 Partial invalidity

If any provisions of this act or the application thereof to any person or circumstance is held invalid, the remainder of the act and the application of such provisions to other persons or circumstances shall not be affected thereby. L.1940, c. 153, p. 346, s. 20.

N.J. Stat. § 34:2-21.21 Repeals

The provisions of article two, chapter two, of Title 34, Revised Statutes [s.s. 34:2-2 to 34:2-21], and of sections 18:14-15 to 18:14-33, inclusive, of the Revised Statutes, are hereby repealed. L.1940, c. 153, p. 346, s. 21.

N.J. Stat. § 34:2-21.22 Effective date

This act shall take effect September first, one thousand nine hundred and forty. L.1940, c. 153, p. 346, s. 22.

N.J. Stat. § 34:2-21.22a Newspaperboys; effect of act upon rights under Workmen's Compensation Act

Nothing in this act shall be construed to affect adversely any right or rights of newspaperboys under the provisions of chapter 15 of Title 34 of the Revised Statutes of New Jersey. L.1965, c. 3, s. 3.

N.J. Stat. § 34:2-21.57 Definitions.

1. As used in this act: a. "Professional employment" means employment for pay as an actor or performer in a theatrical production. b. "Theatrical production" means and includes stage, motion picture and television performances and rehearsals therefor. c. "Prohibited performance" means and includes appearances as a rope or wire walker or rider, gymnast, wrestler, boxer, contortionist, acrobat, rider of a horse or other animal unless the minor is trained to safely ride such horse or animal, or rider of any vehicle other than that generally used by a minor of the same age, or appearance in any illegal, indecent, or immoral exhibition, practice, or theatrical production or in any practice, exhibition, or theatrical production dangerous to the life, limb, health or morals of a minor, or appearance or exhibition of a minor with a physical or mental disability. L.1962, c.91, s.1; amended 1981, c.147, s.1; 1981, c.331, s.4; 2017, c.131, s.132.

N.J. Stat. § 34:2-21.58 Theatrical productions; employment of minors under 16.

2. a. Notwithstanding any provision of the child labor laws of this State, the professional employment of minors under the age of 18 years in theatrical productions is authorized upon compliance with the conditions in P.L.1962, c.91 (C.34:2-21.57 et seq.) set forth. b. (1) If a minor is guaranteed three or more days of employment, the employer shall provide time during the workday for the minor to fulfill the minor’s educational requirements. (2) This instructional time shall average at least three hours per missed day of school day, calculated on a weekly basis. (3) Extra teaching time above three hours per day provided to the child performer may be carried over to another day in the same week or another week, subject to the following limit: no more than 10 hours of teaching time may be carried over from week to week. (4) Any hours carried over from week to week shall be subject to the discretion of the teacher who has been provided by the employer. (5) The minor shall receive equivalent instruction approved by the Department of Education or by the state or county of the minor’s residence if the minor is not a resident of New Jersey. (6) The employer shall provide a teacher who is credentialed for the level of education required by State law or regulation for the minor from the third missed day of school through the remainder of the minor's employment in the theatrical production. c. The daily working hours of minors shall be as follows: (1) infants between 15 days and six months of age may work up to 20 minutes, and time on set shall not exceed two hours; (2) infants and minors between six months and under two years of age may work up to two hours, and time on set shall not exceed four hours; (3) minors between two years old and under six years old may work up to three hours, and time on set shall not exceed six hours; (4) minors between six years old and under nine years old, up to four hours on a school day and up to six hours on a non-school day, and time on set shall not exceed eight hours; (5) minors between nine years old and under 16 years old, up to five hours on a school day and up to seven hours on a non-school day, and time on set shall not exceed nine hours; and (6) minors between 16 years old and under 18 years old to work on set for up to six hours on a school day and up to nine hours on a non-school day, and time on set shall not exceed 10 hours. d. The minor shall be under the direct care and supervision of an adult who is a parent, guardian, or a designated representative at all times during the minor’s employment or while living away from home when required as an incident of the employment. e. Employment of a minor shall not be for more than six days in any seven-day period. The minor shall not be employed before 5:00 a.m. or after 10:00 p.m. on any day preceding a school day. A minor may be employed between the hours of 5:00 a.m. and 12:30 a.m. on any day preceding a non-school day. f. Nothing in P.L.1962, c.91 (C.34:2-21.57 et seq.) shall prevent the employer of a minor in a theatrical production from complying with a collective bargaining agreement or other contract that establishes more stringent standards than those contained in P.L.1962, c.91 (C.34:2-21.57 et seq.), and nothing in P.L.1962, c.91 (C.34:2-21.57 et seq.) shall be construed as reducing, limiting, or curtailing the rights of a minor employed in a theatrical production. L.1962, c. 91, s. 2. Amended by L.1977, c. 430, s. 1, eff. Feb. 28, 1978; 2025, c.382, s.2.

N.J. Stat. § 34:2-21.59 Permit; grounds for issuance.

3. a. (1) Prior to employing any minor in any work or activity, an employer in the entertainment industry shall apply to the Department of Labor and Workforce Development for a permit to employ minors in that work or activity. Upon application of the employer, the Department of Labor and Workforce Development shall issue a permit to employ minors valid for a period of one year if the conditions as to permissible work or activity, as prescribed in P.L.1962, c.91 (C.34:2-21.57 et seq.), are met, and the employment does not involve a type of prohibited performance as defined in section 1 of P.L.1962, c.91 (C.34:2-21.57) or any work or activity which is not hazardous or detrimental to the health, safety, morals, or education of the minors. (2) Prior to a minor commencing employment in the entertainment industry, the parent or guardian of the minor shall submit an application to the Department of Labor and Workforce Development to obtain an entertainment work permit for the minor. The application shall include, but not be limited to: (1) the minor’s name, age, birth date, and address, and the parent or guardian’s name, age, birth date, and address; (2) written verification from the appropriate school district to confirm the minor's school record, attendance, and compliance with the district’s standards for age, academic performance, attendance, and health; (3) for minors who are not yet of age for mandatory school attendance and in other circumstances in which the department’s review of school records warrants additional information, the department may require a physical examination to ensure the minor is physically able to perform the work specified in the permit; and (4) any additional information as deemed necessary and appropriate by the commissioner. Upon the filing of an application and a determination that all requirements have been met, the department shall issue an entertainment work permit. The permit shall authorize the minor to work only under the conditions specified by P.L.1962, c.91 (C.34:2-21.57 et seq.) and in accordance with all applicable laws regarding the working hours, health, safety, and welfare of minors. An application for a permit authorizing employment of a minor in a theatrical production made by a parent or guardian of the minor under this section shall be valid for a period of one year that shall permit a minor to work for multiple employers or on multiple productions in accordance with the requirements of P.L.1962, c.91 (C.34:2-21.57 et seq.). b. A waiver to the requirements for a permit may be issued by the issuing officer or by the Commissioner of Labor and Workforce Development in cases involving a significant contribution to the development of the motion picture industry in the State, as determined by the Motion Picture and Television Development Commission, or for good cause shown, as determined by the issuing officer or the commissioner. In such cases, the commissioner shall also have the authority to alter or amend the hours of the day but not the total hours in the day during which a minor may work if the waiver will not foreseeably impair the educational instruction, supervision, health, and welfare of the minor, and the waiver is necessary for good reasons shown by the employer. The commissioner shall set forth the terms of any waiver in the permit. The department may issue a waiver to an employer electronically, and the employer shall maintain a copy of the waiver at the place of employment. The employer shall make the waiver available to the department for inspection upon request. c. During a state of emergency or public health emergency, any aspect of the permit authorization process requiring the personal appearance of the minor or the minor's parent or guardian may be satisfied through the use of audio-visual technology in a manner consistent with the provisions of subsection b. of section 8 of P.L.1940, c.153 (C.34:2-21.8). d. The Department of Labor and Workforce Development shall establish and maintain a registration system for authorizing permits to an employer to employ a minor or to a minor to authorize the minor to work in a theatrical production that is independent from the registration database for minors established in section 6 of P.L.2022, c.63 (C.34:2-21.1a). The registration system for employment of a minor in accordance with this section shall require the creation of a registration account for the purpose of obtaining a permit for employment of a minor in a theatrical production by: (1) the parent or guardian of the minor seeking authorization for the minor to work; and (2) the employer seeking to employ a minor. The registration system shall provide for a minor to create an account that is linked to the account of the parent or guardian of the minor. Any person applying for a permit pursuant to this section shall not also be required to register in the database established in section 6 of P.L.2022, c.63 (C.34:2-21.1a) if the sole purpose for the registration is for the permit authorizing the employment of the minor in a theatrical production because the registration system created by P.L.2025, c.382 shall be the exclusive process for obtaining that permit. e. Upon application by a parent or guardian, and prior to the first employment of a minor in a theatrical production, the commissioner may issue a temporary child performer permit in order to give the parent or guardian of the minor time to: (1) establish a trust account for the minor as required by law; or (2) produce all documentation required by the department for the issuance of a permit authorizing the employment of a minor in a theatrical production. f. A temporary child performer permit issued in accordance with subsection e. of this section shall be valid for 15 days from the date of issuance and may be issued only once for a specified minor. g. (1) In accordance with subsection b. of this section, an employer may apply for a waiver of any permit requirement for the employment of a minor when compliance would be impracticable due to production-specific circumstances, provided that the health, safety, and welfare of the minor are maintained. An employer shall submit a request for a waiver of a permit requirement for the employment of a minor in writing, which may include electronic communication and shall include a summary of: (a) any provision for which a waiver is requested; (b) the circumstances necessitating the request; (c) the anticipated duration of the waiver; and (d) the minor impacted by the waiver. (2) An employer shall submit a request for a waiver under this subsection as far in advance as is reasonable and practical under the circumstances. The department may consider and approve a request for a waiver on an expedited basis, including, but not limited to, a request made on short notice, when deemed necessary and appropriate. L.1962, c.91, s.3; amended 1977, c.430, s.2; 1981, c.147, s.2; 1981, c.331, s.5; 2021, c.162, s.3; 2025, c.382, s.3.

N.J. Stat. § 34:2-21.60 Refusal to grant permit or certificate; grounds; record

The issuing officer or the Commissioner of Labor, pursuant to section 3b. of P.L.1962, c. 91 (C. 34:2-21.59), may refuse to grant a permit or certificate if, in his judgment, the best interests of the minor would be served by such refusal and he shall keep a record of such refusals, and the reasons therefor. A refusal by the issuing officer shall not preclude a contrary decision by the commissioner. L.1962, c. 91, s. 4. Amended by L.1981, c. 147, s. 3, eff. May 14, 1981; L.1981, c. 331, s. 6, eff. Dec. 14, 1981.

N.J. Stat. § 34:2-21.61 Renewal of permits; inspection

Permits may be renewed upon application. A separate permit shall be required for each employee. The employer shall have the permit available for inspection at all times at the place of employment. L.1962, c. 91, s. 5.

N.J. Stat. § 34:2-21.62 Delivery of application to department of labor

The Department of Education shall deliver a copy of each application to the Department of Labor. L.1962, c. 91, s. 6. Amended by L.1981, c. 147, s. 4, eff. May 14, 1981.

N.J. Stat. § 34:2-21.63a Employment of minor under 16 to perform indecent or immoral exhibition; high misdemeanor

Any person who obtains a permit under this act and employs a minor under the age of 16 to perform an indecent or immoral exhibition, which exhibition is a prohibited performance under this act, shall be guilty of a high misdemeanor. For the purpose of this act, indecent or immoral exhibition means (1) sexual intercourse, or (2) anal intercourse, or (3) masturbation, or (4) bestiality, or (5) sadism, or (6) masochism, or (7) fellatio, or (8) cunnilingus, or (9) any other sexual activity, or (10) nudity, if such nudity is to be depicted for the purpose of sexual stimulation or gratification of any person who may view such depiction. L.1977, c. 430, s. 3, eff. Feb. 28, 1978.

N.J. Stat. § 34:2-21.63b Violations; penalty

Whoever obtains any permit under this act (P.L.1962, c. 91; C. 34:2-21.57 et seq.) upon any false statement made in applying therefor, or employs or permits or suffers any minor to be employed or to work in violation of this act or of the terms of any permit issued under this act or of any order or ruling issued under the provisions of this act, or obstructs the Departments of Labor and Education, their officers or agents, or any other person authorized to inspect places of employment under this act, and whoever, having under his control or custody any minor, permits or suffers him to be employed or to work in violation of this act is guilty of an offense. Where a defendant acts knowingly, an offense under this section shall be a crime of the fourth degree. Otherwise, it shall be a disorderly persons offense. Each day during which any violation of this act continues shall constitute a separate and distinct offense, and the employment of any minor in violation of the act shall with respect to each minor so employed, constitute a separate and distinct offense. L.1981, c. 147, s. 6, eff. May 14, 1981. Amended by L.1981, c. 331, s. 7, eff. Dec. 14, 1981.

N.J. Stat. § 34:2-21.64 Forms and regulations; safeguards governing working conditions, supervision and education

The Department of Education and the Department of Labor shall prescribe forms and regulations concerning applications for and issuance of permits and certificates and the Department of Labor may issue regulations concerning the administration and enforcement of this act and, notwithstanding any provisions of law to the contrary, after consultation with the Department of Education, shall prescribe special safeguards governing the working conditions, supervision and education of minors under the age of 16, with particular attention to minors under the age of 6 years not inconsistent with the purposes of this act. L.1962, c. 91, s. 8. Amended by L.1977, c. 430, s. 4, eff. Feb. 28, 1978; L.1981, c. 147, s. 5, eff. May 14, 1981; L.1981, c. 331, s. 8, eff. Dec. 14, 1981.

N.J. Stat. § 34:2-21.65 Minor employed by vlogger, conditions.

2. a. A minor shall be considered employed by a vlogger, whether the minor is actively participating in content or is passively featured in content, when the following criteria are met at any time during the previous 12-month period: (1) at least 30 percent of the vlogger's compensated video content produced within a 30-day period includes or features the likeness, name, or photograph of the minor. Content percentage is measured by the percentage of time the likeness, name, or photograph of the minor visually appears or is the subject of an oral narrative in a video segment, as compared to the total length of the segment; and (2) the number of views received per video segment on any online platform meets the online platform's threshold for the generation of compensation or the vlogger receives actual compensation for video content equal to or greater than $0.10 per view. b. Any vlogger who employs a minor shall maintain the following records and shall provide them to the minor on an ongoing basis: (1) the name and documentary proof of the age of the minor engaged in work as a vlogger and of producing a vlog; (2) the number of vlogs that generated compensation as described in subsection a. of this section during the reporting period; (3) the total number of minutes of the vlogs that the vlogger received compensation for during the reporting period; (4) the total number of minutes each minor was featured in vlogs during the reporting period; (5) the total compensation generated from vlogs featuring a minor during the reporting period; and (6) the amount deposited into the trust account for the benefit of the minor engaged in work as a vlogger or in the work of producing a vlog, as required by section 3 of P.L.2025, c.355 (C.34:2-21.66). c. If a vlogger who employs a minor fails to maintain the records as provided in subsection b. of this section, the minor may commence a civil action to enforce the provisions of this section. d. A vlogger who employs a minor and who is not the caregiver or a family member of the minor shall be responsible for ensuring that the employment of the minor adheres to all applicable State wage, benefit, and tax laws, as defined in section 1 of P.L.2009, c.194 (C.34:1A-1.11). e. A vlogger who employs a minor shall be subject to all requirements pertaining to the employment of minors in P.L.1940, c.153 (C.34:2-21.1 et seq.) and all acts supplementing that act, as appropriate. L.2025, c.355, s.2.

N.J. Stat. § 34:2-21.66 Compensation, minor employed in vlogging.

3. a. A minor who is employed pursuant to section 2 of P.L.2025, c.355 (C.34:2-21.65) by a vlogger who is a family member or caregiver of the minor shall be compensated by the vlogger in accordance with this section. The vlogger shall set aside gross earnings on the video content including the likeness, name, or photograph of the minor in a trust account to be preserved for the benefit of the minor upon reaching the age of majority, according to the following distribution: (1) where only one minor meets the content threshold described in subsection a. of section 2 of P.L.2025, c.355 (C.34:2-21.65), the percentage of total gross earnings on any video segment including the likeness, name, or photograph of the minor that is equal to or greater than half of the content percentage that includes the minor as described in subsection a. of section 2 of P.L.2025, c.355 (C.34:2-21.65); or (2) where more than one minor meets the content threshold described in subsection a. of section 2 of P.L.2025, c.355 (C.34:2-21.65), and a video segment includes more than one of those minors, the percentage described in paragraph (1) of subsection a. of this section for all minors in any segment shall be equally divided between the minors, regardless of differences in percentage of content provided by the individual minors. b. A trust account required under this section shall provide, at a minimum, the following: (1) that the funds in the account shall be available only to the minor engaged in work as a vlogger and of producing a vlog; (2) that the account shall be held by a bank, fiduciary, or trust business, as those terms are defined in the Banking Act of 1948, P.L.1948, c.67 (C.17:9A-1 et seq.); (3) that the funds in the account shall become available to the minor engaged in work as a vlogger and of producing a vlog upon the minor attaining the age of 18 years or until the minor is declared emancipated; and (4) that the account meets the requirements of the "New Jersey Uniform Transfers to Minors Act," R.S.46:38A-1 et seq. c. If a vlogger knowingly or recklessly violates this section, a minor satisfying the criteria described in subsection a. of section 2 of P.L.2025, c.355 (C.34:2-21.65), may commence an action to enforce the provisions of this section regarding the trust account. The court may award, to a minor who prevails in any action brought in accordance with this section, the following damages: (1) actual damages; (2) punitive damages; and (3) the costs of the action, including attorney's fees and litigation costs. d. This section shall not affect a right or remedy available under any other law of the State. e. Nothing in this section shall be interpreted to have any effect on a party that is not the vlogger and is not the minor engaged in work as a vlogger and of producing a vlog. L.2025, c.355, s.3.

N.J. Stat. § 34:2-29 Seats to be provided

Every employer of one or more employees in any manufacturing, mechanical or mercantile establishment or in the services and operations incident to any commercial employment shall provide and maintain suitable seats conveniently situated and shall permit the use of such seats by employees at all times except when necessarily engaged in the discharge of duties that cannot properly be performed in a sitting position. Amended by L.1980, c. 90, s. 3.

N.J. Stat. § 34:2-30 Inspections

The commissioner shall see that the provisions of R.S. 34:2-29 of this title are carried out in all mercantile establishments, and shall, at reasonable intervals, examine and inspect all such mercantile establishments to see that the seats required to be provided by R.S. 34:2-29 are fully maintained and that employees are permitted to use them freely and without hindrance. Amended by L.1980, c. 90, s. 4.

N.J. Stat. § 34:2-30.1 § 34:2-30.1

Any individual, firm or corporation owning or managing an establishment of the kind mentioned in section 34:2-29 of this title, who shall fail to comply with the requirements of said section 34:2-29 within ten days after the date on which notice to do so has been served by the commissioner or one of his deputies shall be liable to a penalty of twenty-five dollars for each offense, and a failure to comply within the period of ten days, with such repetition of such notice as may be necessary, shall each constitute a separate offense.

N.J. Stat. § 34:2-31 § 34:2-31

The openings of all hoistways, hatchways, elevators and wellholes on every floor of any mercantile establishment shall be protected by good and sufficient trapdoors or self-closing hatches and safety catches, or strong guard rails at least three feet high, and shall be kept closed and protected at all times except when in actual use by the occupant of the building having the use and control of the same.

N.J. Stat. § 34:2-32 § 34:2-32

Every mercantile establishment shall be provided with proper and sufficient means of ventilation. Any owner, agent, lessee or employer failing to provide suitable ventilation within twenty days after service upon him of a written order signed by the commissioner so to do, shall be subject to a penalty of ten dollars for each day such failure continues after the expiration of the time given by such order to make the change.

N.J. Stat. § 34:2-33 Toilet facilities

Every mercantile establishment shall maintain sufficient, suitable, clean, convenient and separate water-closets for each sex which shall be properly screened and ventilated. The water-closets for each sex shall have separate approaches. A suitable and convenient wash room for each sex shall be provided if ordered by the commissioner. A dressing room shall be provided for each sex when the commissioner shall so order. Amended by L.1980, c. 90, s. 5.

N.J. Stat. § 34:2-34 § 34:2-34

An abstract of this article shall be prepared and furnished upon request by the commissioner to every employer affected thereby, and every employer to whom such abstract is sent or delivered shall post it and keep it posted in plain view, in such place that it can be easily read by the employees or operatives in going into or coming out of said mercantile establishment.

N.J. Stat. § 34:2-35 Orders for enforcement of article; penalty

The commissioner, to carry into effect the provisions of sections 34:2-31, 34:2-33 and 34:2-34 of this title shall have authority to make such orders in writing for the protection and safety of employees and operatives and the enforcement of said sections in places coming under the provisions thereof, as shall, in his judgment, seem necessary to carry into effect the provisions of said sections. Such orders shall be signed by the commissioner and shall specify what shall be necessary to be done and within what time. Any corporation, firm or person violating any of the provisions of said sections 34:2-31, 34:2-33 or 34:2-34 shall be liable to a penalty of fifty dollars.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026