Additionally, seven minors were working without proper documentation, and their hours were not being documented. As discussed below, the law substantially expands the civil and criminal recourse available for nonpayment of wages and for retaliation. Before sharing sensitive information, make sure youre on a federal government site. Wage Complaint: if you are an employee working in New Jersey or you are working for a New Jersey-based company and you have a complaint about underpaid or unpaid wages, complete either the MW-31A (English) or MW-31S (Spanish) form. In addition, the NJDOL discovered that two of the six affected workers were misclassified as independent contractors, after analysis under the states ABC test. However, a U.S. Department of Labor Wage and Hour Division investigation determined that the Iselin, New Jersey, healthcare staffing company failed to comply with wage and fringe benefits requirements under the McNamara-O'Hara Service Contract Act, Contract Work Hours and Safety Standards Act and the Fair Labor Standards Act. They can pursue any amount over $50,000 through regular legal processes. As part of its investigative and quality assurance activities, OI issues individual case findings and cites systemic concerns identified during the investigative process to help ensure the continued health, safety and well-being of all individuals served. You may file an anonymous complaint by mail if you so choose, but then neither you nor anyone else will receive any information about the complaint unless a resolution is reached with your employer and wages due are sent as part of the resolution. Wage Complaint for Non-Payment of Prevailing Wage Rate: if you are an employee working in New Jersey in a construction-related public works project, or if you . As of March 2019, per P.L. The maximum amount of a Wage Collection award is $50,000 and complainants must waive any amount over $50,000. 44.Notwithstanding any law, rule or regulation to the contrary, a board of education, or an agency or New Jersey's Paid Family Leave Insurance law was enacted on May 2, 2008 and revised in 2019. Grand Street was notified of those alleged violations by BWK Construction and their failure to respond to allegations which totaled some $350,171.49 in back wages, fees and penalties. However, a U.S. Department of Labor Wage and Hour Division investigation determined that the Iselin, New Jersey, healthcare staffing company failed to comply with wage and fringe benefits requirements under the, Investigators found that the contractor violated the SCA when it failed to pay f. ive employees the prevailing wage rate and failed to pay required health and welfare benefits or holiday pay to 46 employees. TRENTON A unique partnership between the New Jersey Departments of Labor and Workforce Development (NJDOL), Treasury, Banking and Insurance, and the Office of the Attorney General (OAG) has resulted in the assessment of more than $1.3 million in back wages and penalties to 20 contractors performing construction work at 88 Regent Street in Jersey City, where a multi-agency team of more than 60 investigators conducted an unannounced sweep in summer 2021 in response to allegations of workers being misclassified. Get personalized resources and support for your unique life situation. When Mitchell Martin Health Care LLC contracted with the U.S. Department of Veterans Affairs in 2020 to provide registered nurses and respiratory therapists to help care for an influx of coronavirus-related patients at four DVA medical centers in the New York City area, it committed to complying with federal wage and contracting laws. The investigation resulted from a complaint alleging that custom fabrication work performed at Men of Steels New Jersey location was subject to the New Jersey Prevailing Wage Act. The Hispanic unemployment rate is at or below its pre-recession level in 11 states: California, Colorado, Connecticut, Florida, Georgia, Illinois, Nevada, New Jersey, New York, North Carolina, and Texas. As needed, OI routinely collaborates with law enforcement when there is suspicion or evidence of criminal activity or in serious cases involving abuse, neglect and/or exploitation. Releases, Public and Legislative Affairs, & Publications, Providers & Stakeholders: Notice, Accessibility EBSA determined that from at least Aug. 30, 2016, through the plans June 30, 2020, termination the fiduciaries invested the plans assets in an undiversified manner in two companies to which the fiduciaries had significant ties. The penalties are not determined by the individual investigator, and it is not within the investigator's jurisdiction to discuss the amount of penalties. .manual-search-block #edit-actions--2 {order:2;} Corporate generalist licensed to practice law in Pennsylvania, New York and New Jersey. Oct 2022 - Present6 months. In addition to its own violations, P & B also contracted with at least 5 other lower tier sub-contractors who also failed to properly classify their employees and pay them properly. Every developmentally disabled person shall have adequate protection from abuse and a wholesome environment in which to live.. : 12, 16 Congress established the agency under the Occupational Safety and Health Act OSH Act, which President Richard M. Nixon signed into law on December 29, 1970. NJDOL is using an identity verification tool to reduce fraud and expedite legitimate claims. Contractors providing services and performing work for federal government agencies must comply with all of the obligations specified in their contracts. Learn more: 2 2 Twitter. The phone number and extension go to a mailbox that is 1. When a wage claim is filed with the Division of Wage and Hour Compliance against an employer, it is first reviewed by a supervisor to determine whether the Division has jurisdiction. Not taking any more messages and 2. At the agreed upon appointment time, the investigator will review the records and conduct interviews if necessary. The fees are paid directly to the State to offset the costs of the investigations. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} Usually, the investigator will want to see the employers records for at least 24 months prior to the inspection. .manual-search ul.usa-list li {max-width:100%;} CFPB's jurisdiction includes banks, credit unions, securities firms, payday lenders, mortgage-servicing operations, foreclosure relief services, debt collectors, and other financial companies . .manual-search ul.usa-list li {max-width:100%;} Full . Working with our sister agencies, were holding employers accountable to our states wage, benefits and tax laws. The plans position in the stock of one of the companies reached almost 70 percent of the plans portfolio before it fell drastically in value, resulting in millions of dollars in losses to the plan. Wage and Hour Compliance. Plan fiduciaries must ensure they comply with ERISAs provisions to protect workers retirement income. I hope this case serves as a reminder to all public works contractors of their obligations under the law.. Civil money penalties may be assessed for child . The user is on notice that neither the State of NJ site nor its operators review any of the services, information and/or content from anything that may be linked to the State of NJ site for any reason. At the completion of the inspection, the investigator will advise the employer of any violations and back wages which are due. Get help finding your next job and learn about the laws that protect you. Wages are unpaid wages that the investigator has determined are due. A total of 146 employees were found to be owed $197,150 in unpaid overtime. -Read Full Disclaimer. I am excited to announce I have joined the Alliance of Women in Workers' Compensation as an Ambassador. Department of Labor & Workforce Development, Governor Phil Murphy Lt. If the claim is handled by mail, the employer will be sent a copy of the claim and given the opportunity to either pay the wages due or explain why the wages are not due. 200 Constitution AveNW Several members of the NJDOL and OAG staff deserve kudos for their work on this matter and for achieving this outcome: From NJDOL, Legal Liaison Mindy Gensler, Assistant Commissioner of Wage and Hour and Contract Compliance Joseph Petrecca, Division Director David Biglin, Assistant Directors Toni Longo and Barry Hickey, and Assistant Chiefs Marc Goldberg and Lawrence Cirignano all had a hand in leading the investigation. Note: Do not complete this form if you have a wage complaint; complete the MW-31A form instead. Neither you nor anyone else will be able to check on the status of an anonymous complaint. Employers should follow the instructions on the notice that explain how the checks must be prepared and/or what proof of payment must be supplied to the Division. Trial Attorney Amanda Wilmsen of the departments Office of the Solicitor in New York negotiated the settlement for the department. Some penalties are statutory in nature and are not subject to negotiation. The Consumer Financial Protection Bureau ( CFPB) is an agency of the United States government responsible for consumer protection in the financial sector. Wage Complaint for Non-Payment of Prevailing Wage Rate: if you are an employee working in New Jersey in a construction-related public works project, or if you provide building services (e.g. Resources, Commissioner & Key .usa-footer .container {max-width:1440px!important;} Google Translate is an online service for which the user pays nothing to obtain a purported language translation. */. A preponderance of evidence is attained when 51 percent of the evidence supports a substantiated finding. Permanent Members Google Translate is an online service for which the user pays nothing to obtain a purported language translation. (TRENTON) - A team of more than 60 investigators from the New Jersey Department of Labor and Workforce Development (NJDOL) and the Department of the . *Effective May 27, 2014, the DHS Special Response Unit and the Office of Investigations merged to become the DHS Office of Investigations. The court entered a consent judgment and order on Sept. 23, 2022, requiring InterArch Inc. and fiduciaries Shirley and Vernon Hill to pay $1,836,853, to plan participants and $183,685, in penalties to resolve the allegations. This case demonstrates the U.S. Department of Labors ongoing commitment to recovering losses caused by plan fiduciaries failure to comply with the law, said Regional Solicitor of Labor Jeffrey S. Rogoff in New York. The misclassification of workers is illegal and damages the quality of life for the affected employees and their families. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Effective January 1, 2023, the New Jersey minimum wage is $14.13 per hour for most workers. - SCI Statute: Powers and Responsibilities, 50 West State St. 14th Floor There is a typo in the very first sentence of the form. The InterArch Inc. Profit Sharing Plan is a defined contribution profit sharing plan that was originally made effective as of Nov. 1, 1976, and was terminated as of June 30, 2020. See links to assistance with food, housing, child care, health, and more. Additionally, 14 minors were working without a proper Employment Certificate, and the time-in/time-out was not being documented the for minor employees, as the law requires. Contract Work Hours and Safety Standards Act, Learn more about the Wage and Hour Division, Surfside Beach restaurant pays more than $75K in back wages to 10 workers after US Department of Labor finds employer shortchanged tipped employees, Sanford contractor pays more than $334K in back wages to 212 workers to resolve violations found in US Department of Labor investigation. Effective January 1, 2023, the New Jersey minimum wage is $14.13 per hour for most workers. The State of NJ site may contain optional links, information, services and/or content from other websites operated by third parties that are provided as a convenience, such as Google Translate. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Tools and Resources. TRENTON A New Jersey Department of Labor and Workforce Development (NJDOL) investigation found that Bensalem-based subcontractor Men of Steel was in violation of New Jersey prevailing wage and worker misclassification laws while fabricating custom parts for a public works project. A proposed settlement was reached in the private class action lawsuit, which alleged similar ERISA violations as the departments complaint. They also did not pay CWHSSA-required overtime compensation to three employees, while one employee did not receive FLSA-required overtime wages. As part of its investigative and quality assurance activities, OI issues individual case findings and cites systemic concerns identified during the investigative process to help ensure the continued health, safety and well-being of all individuals served. Such violations can be prevented if employers know and understand their legal requirements. Just 35 miles south, Borough of Avalon lifeguards were paid a straight hourly rate for all hours worked, regardless of whether the workweek exceeded 40 hours thus denying 125 employees $116,161 in overtime. InterArch Inc. is an international design firm specializing in architecture, interiors, and branding. The judge also ordered the employer to pay $7,634 in civil money penalties. .manual-search ul.usa-list li {max-width:100%;} Included in the Office's supervisory responsibilities are the investigation of complaints, on-site examinations, the monitoring of net worth and surety bonding requirements through annual report filings, and the initiation of . Trenton, NJ 08625-0058. .h1 {font-family:'Merriweather';font-weight:700;} .usa-footer .grid-container {padding-left: 30px!important;} Following EBSAs investigation, the departments Office of the Solicitor in New York filed a complaint in the U.S. District Court for the District of New Jersey alleging that InterArch and the two individual fiduciaries engaged in self-dealing and violated their duties of loyalty and prudence and their duty to diversify, which caused the plan to enter into prohibited transactions. Governor Sheila Oliver, Department of Labor and Workforce Development. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} It can also inhibit cooperation in good faith with an investigation and inhibit employees from engaging in activities protected by federal law," said Wage and Hour Division District Director Paula Ruffin in Mountainside, New Jersey. Where can I look for a job in New Jersey? Contractors providing services and performing work for federal government agencies must comply with all of the obligations specified in their contracts. New Jersey workers who feel they have been wrongly denied compensation or benefits, and employers who have questions about compliance with New Jersey laws may visit myworkrights.nj.gov or call 609-292-2305. OI is comprised of a Director, three (3) Regional Chiefs, (10) Regional Supervisors, forty (40) Investigators and two (2) Support Staff. The State of NJ site may contain optional links, information, services and/or content from other websites operated by third parties that are provided as a convenience, such as Google Translate. When can I see the latest unemployment data? Washington, DC 202101-866-4-USA-DOL1-866-487-2365www.dol.gov, Employee Benefits Security Administration, Industry-Recognized Apprenticeship Programs (IRAP), Bureau of International Labor Affairs (ILAB), Employee Benefits Security Administration (EBSA), Employees' Compensation Appeals Board (ECAB), Employment and Training Administration (ETA), Mine Safety and Health Administration (MSHA), Occupational Safety and Health Administration (OSHA), Office of Administrative Law Judges (OALJ), Office of Congressional and Intergovernmental Affairs (OCIA), Office of Disability Employment Policy (ODEP), Office of Federal Contract Compliance Programs (OFCCP), Office of Labor-Management Standards (OLMS), Office of the Assistant Secretary for Administration and Management (OASAM), Office of the Assistant Secretary for Policy (OASP), Office of the Chief Financial Officer (OCFO), Office of Workers' Compensation Programs (OWCP), Ombudsman for the Energy Employees Occupational Illness Compensation Program (EEOMBD), Pension Benefit Guaranty Corporation (PBGC), Veterans' Employment and Training Service (VETS), Economic Data from the Department of Labor. Get Support. p.usa-alert__text {margin-bottom:0!important;} Through this review, individual and systemic issues and concerns may be identified. Note: wage claims that involve any kind of benefit that arises from an employment contract (for example, vacation, holiday, expense reimbursement, commission, severance or bonus pay) will be referred for a Wage Collection proceeding. Jason K. Roberts began work in private practice as an associate in the Labor and Employment department of Bressler, Amery & Ross, P.C., a prominent, full service New Jersey based law firm. -Read Full Disclaimer. Our New Jersey employment law attorneys represent civil service and non-civil service law enforcement officers in all areas of New Jersey employment law, including disciplinary charges and employment litigation in State and Federal trial and appellate courts. nurse, nursing assistant, home health aide, etc., but not a doctor) and you believe your New Jerseyemployer improperly required you to work overtime, complete the MW-31OT form.Mail or fax your completed complaint form to: New Jersey Department of Labor and Workforce DevelopmentDivision of Wage and Hour ComplianceP.O. Get An investigation by the departments Employee Benefits Security Administration determined that InterArch Inc. and Shirley and Vernon Hill, fiduciaries of the InterArch Inc. Profit-Sharing Plan, violated their fiduciary duties under the Employee Retirement Income Security Act. Unemployment insurance gives financial support to people who lose their jobs through no fault of their own. OI conducts approximately 1,200 investigations annually, in accordance with identified time frames. This important information is subsequently communicated to appropriate internal or external stakeholders and documented to further promote the health, safety and well-being of individuals served. Investigations handled by the Labor Unit include Unemployment and Disability Insurance frauds. Google Translate is an online service for which the user pays nothing to obtain a purported language translation. The joint investigation, the first of its kind among cooperating state agencies, started shortly after Governor Murphy signed a second package of misclassification bills into law in July 2021. Finally, another sub-contractor on the Regent Street project, BWK Construction, LLC was also found to have failed to pay employees overtime, failed to provide them with Earned Sick Leave as required, and to have misclassified employees by paying them in cash off the books. EBSA is committed to ensuring the integrity of employee benefit programs and holding those who violate the law accountable. stipulates: The commissioner shall adopt rules and regulations necessary to provide for an investigation of a reported incident and subsequent substantiation or non-substantiation of an allegation of abuse, neglect or exploitation of an individual with a developmental disability by a caregiver, by maintaining an Office of Investigations to investigate serious unusual incidents as defined by applicable rules and regulations, in facilities or community programs licensed, contracted or regulated by the Department., N.J.S.A. This sweep truly was a group effort, and I want to thank all the agencies involved for bringing justice to these workers. The Office of Investigations* (OI) within the Office of Program Integrity and Accountability (OPIA), conducts thorough, independent, objective and timely civil investigations of unusual incidents and allegations involving individuals served by the Department of Human Services (DHS) and by its community partners. NJDOL will continue to pursue collection of the assessed back wages and penalties as cases settle. TRENTON - A unique partnership between the New Jersey Departments of Labor and Workforce Development (NJDOL), Treasury, Banking and Insurance, and the Office of the Attorney General (OAG) has resulted in the assessment of more than $1.3 million in back wages and penalties to 20 contractors performing construction work at 88 Regent Street in Jersey . NJ Labor Dept. Services A to Z, Consumers & Clients How can I report a violation of my rights?Where can I look for a job in New Jersey?Wherecan I learn aboutthe new Earned Sick law?Am I eligible for unemployment?How can I report fraud?When can I see the latest unemployment data?Where can I find informative posters for employers? If you are unable to find a report, please email us or visit our FOIA page to request a report through the FOIA process. Governor Phil Murphy Lt. In Atlantic City, Investigators from the Departments Division of Wage and Hour Compliance found the citys lifeguards were only paid overtime after they reached 48 hours of work per week, not the 40-hour per week mark required under the law. You are an employee working in New Jersey in a construction-related public works project subject to the NJ . Google Translate is an online service for which the user pays nothing to obtain a purported language translation. -Read Full Disclaimer. We will continue to make sure workers especially young workers who may not yet understand their work rights are being paid properly.. When it is determined that an employee is due back wages or when it is determined that there is a violation of any of the laws and regulations under the jurisdiction of the Division of Wage and Hour Compliance, the employer is sent an Assessment Letter. This new site offers comprehensive resources and claim information for those temporarily unable to work due to illness, injury, pregnancy, family bonding, or caring for a sick or injured family member. Audit and Other Reports. BEACH HAVEN, NJ - After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Cramark Inc. - doing business as The Chicken or The Egg restaurant in Beach Haven, New Jersey - will pay $768,548 in back wages, liquidated damages, and penalties for violating the Fair Labor Standards Act (FLSA) and the labor provisions of the H-2B temporary visa program. 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