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Ability to Bid Work Threatened by NJ Bill


If your company had even the most minor violation of a whole host of labor laws anytime over the past two years, departments of our state government might be able to disqualify you from bidding, under the current language of a bill now in the State Senate. Assembly Bill 801, if not amended, could make small violations of OSHA, wage and hour, workers comp, and other labor laws a fatal offense while granting the state departments and agencies free reign to interpret and evaluate those violations as they see fit. While it is important for bad actors that threaten the health and safety of their workers and disregard the law to be held accountable, the lack of specificity in the bill and the unbridled latitude provided to make judgement calls on a company's ability to bid state work demanded our attention. NUCA NJ is therefore working with State Senate leaders and staff on the committee with jurisdiction to ensure that language be inserted to exclude de minimis violations so that small mistakes do not result in disqualification. The bill currently does not have a Senate counterpart and awaits consideration in the State Government Committee. Staff will continue to monitor the situation and fight for the amendments.

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