N.J. Admin. Code § 13:69A-1.5 - Scope and applicability of registration requirements

(a) In determining whether a natural person who will provide services to a casino licensee or applicant must hold a registration as an employee or, alternatively, be registered as a vendor or licensed as a junket enterprise, it shall be presumed that any such person will be required to hold the appropriate license or registration as an employee if the provision of services by such person is characterized by any of the following indicia of an employment relationship:

1. The natural person will, for a period of time unrelated to any specific project or for an indefinite period of time, directly supervise one or more employees of the casino licensee or applicant;

2. The casino licensee or applicant will withhold State and Federal income taxes or make regular deductions for unemployment insurance, social security, or other wage deductions required by law from any payments made to the natural person;

3. The natural person will be given the opportunity to participate in any benefit plans offered by the casino licensee or applicant to its employees, including, without limitation, health insurance plans, life insurance plans, pension plans or profit sharing plans;

4. The natural person will not, during the time that services are rendered to the casino licensee or applicant, maintain an autonomous business enterprise, seek or provide services to other business clients, or practice a trade or profession other than for the benefit of the casino licensee or applicant;

5. There is or will be a written or verbal promise of employment or an employment contract offered by the casino licensee or applicant in return for the services of the natural person; or

6. The natural person has an employee license or a registration application pending before the Division or the Commission or will submit such an application during the time the services are being rendered, the cost of which has been or will be paid for or reimbursed by the casino licensee or applicant.

(b) A casino licensee or applicant which, or a natural person who, is a party to a contractual agreement for the provision of services to the casino licensee or applicant by such natural person as an enterprise subject to the vendor registration or casino service industry or junket representative licensure requirements of the Act and the rules of the Division may request, in accordance with the provisions of N.J.A.C. 13:69-3.7, a declaratory ruling that, notwithstanding the presumption established by (a) above, the provision of such services in accordance with the terms of the agreement shall not require the natural person to obtain an employee license or registration.

(c) The Division may, upon consideration of the factors in (a)1 through 6 above and any other relevant information, require any natural person to obtain registration prior to providing or continuing to provide any services to a casino licensee or applicant notwithstanding:

1. Any agreement between the casino licensee or applicant and such natural person to the contrary; or

2. That a vendor registration form has been filed by a casino licensee or applicant on behalf of the natural person pursuant to N.J.A.C. 13:69C-10.4.

Notes

N.J. Admin. Code § 13:69A-1.5