nj department of labor investigation

We are grateful for the collaboration with our sister agencies on this joint investigation. TRENTON A New Jersey Department of Labor and Workforce Development (NJDOL) investigation initiated by complaints found that 347 lifeguards were due more than $400,000 in unpaid overtime from three Jersey Shore municipalities Atlantic City, the Borough of Avalon, and Stone Harbor. 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. In the event of a violent incident, a minimum of three (3) members from this group will assemble, direct the Department response, and ensure that an incident report is filed with the Civil Service Commission. This button displays the currently selected search type. OI investigation data is used to inform service providers and division staff and assists in developing prevention strategies and policies to further ensure individuals served are safe and protected. Depending on the nature of the claim, the claim will either be assigned to a field investigator, handled by mail, or referred for a Wage Collection proceeding. .manual-search ul.usa-list li {max-width:100%;} NEWARK, NJ - After an investigation by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA), the owner of a Somerset County, New Jersey, construction company has pleaded guilty to one count of felony perjury brought by the U.S. Attorney for the District of New Jersey.. For more information about unemployment insurance, visit the Division of Unemployment Insurance's website. Civil money penalties may be assessed for child . In lieu of litigation, the Department may seek back wages, liquidated damages, and civil money penalties, if applicable, through settlements with employers. /*-->*/. *Effective May 27, 2014, the DHS Special Response Unit and the Office of Investigations merged to become the DHS Office of Investigations. I am excited to announce I have joined the Alliance of Women in Workers' Compensation as an Ambassador. This division enforces labor laws that address conditions of employment and wages, including overtime, payroll deductions, benefits, hours of work, breaks, holiday pay, employment certificates for minors, etc. 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. Some penalties are statutory in nature and are not subject to negotiation. #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;} As discussed below, the law substantially expands the civil and criminal recourse available for nonpayment of wages and for retaliation. Contractors providing services and performing work for federal government agencies must comply with all of the obligations specified in their contracts. "To prevent violations from occurring in the first place, we encourage employers to contact the Wage and Hour . 30: 6D - 76 et seq. A to Z, Consumers & Clients - Individuals and Families, Office of Program Integrity & Accountability (OPIA), Disasters & Emergencies - Help & Information, Providers & Stakeholders: Contracts, Legal Notices, Licensing, Rulemaking, Fees, MedComms, Get Involved with DHS:Employment, DHS Police, Nurses, Public Boards/Councils, Contact Resources, Commissioner & Key Investigators found that the contractor violated the SCA when it failed to pay five employees the prevailing wage rate and failed to pay required health and welfare benefits or holiday pay to 46 employees. As the general contractor of the project, Railroad Posillico JV LLC, an unregistered public works contractor, is also being investigated for hiring Men of Steel as an unregistered subcontractor. The Department was represented in this matter by the Office of the Attorney Generals Affirmative Civil Rights and Labor Section within the Division of Laws Affirmative Civil Enforcement Practice Group, including Eve Weissman, Mary Kenah, Shireen Farahani, John-Paul Proctor, and former DAGs Peter Basso and Micauri Vargas, under the supervision of Assistant Attorney General Mayur Saxena, drafted, served, and collected records from 55 subpoenas issued by the Department of Labor. In our State, the median net wealth for white households is $352,000, but just $6,100 for Black households & $7,300 for Latinx households. The department looks forward to our continued work together to protect workers and their families across the state., This has been an intensive, large-scale investigation, and were far from finished with this case or future enforcement, said NJDOL Assistant Commissioner of Wage and Hour Compliance Joseph Petrecca. Full . August 10, 2021. "New Jersey's lifeguards put their lives on the line for the . OI is comprised of a Director, three (3) Regional Chiefs, (10) Regional Supervisors, forty (40) Investigators and two (2) Support Staff. Department of Labor & Workforce Development, Governor Phil Murphy Lt. At the completion of the inspection, the investigator will advise the employer of any violations and back wages which are due. Prevailing Wage Rates. OI conducts approximately 1,200 investigations annually, in accordance with identified time frames. Those violations and penalties total $237,289.63 and that liability also lies with both P & B Partitions and Grand Street since those contractors failed to challenge the alleged violations against them. I look forward to working with this wonderful group of Employer Accounts provides information for employers regarding filing due dates, interest and penalties, penalty abatement, voluntary contributions, and more. 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. 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. Princeton, New Jersey, United States. the staff of the Ridgewood blog. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} The Labor Prosecutions Unit is responsible for investigating and prosecuting individuals involved in committing fraud against the New Jersey Department of Labor. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} The Department is authorized to supervise the payment of unpaid minimum wages and/or unpaid overtime compensation owed to any employee (s). We are proud to use the enhanced provisions of the 2021 amendments to the labor laws to put money back in workers' pockets where it belongs. Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division. I hope this case serves as a reminder to all public works contractors of their obligations under the law.. As of March 2019, per P.L. Home, DHS Pursuant to N.J.S.A. The fees are paid directly to the State to offset the costs of the investigations. If the claim is referred to the Wage Collection section, the employer will be notified of the date, time, and location of the hearing. How can I report a violation of my rights? The subcontractor was further cited for not indicating the craft contributed to the public works project, obstructing/hindering the enforcement of prevailing wage laws, and failure to provide certified payroll records to the public body, as stipulated under the New Jersey Prevailing Wage Act. Contracts, Legal Notices, Licensing, MedComms. The Labor Department encourages you to report potential fraud by calling (609) 777-4304, by faxing (609) 292-5593, or online. Before sharing sensitive information, make sure youre on a federal government site. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Learn more: 2 2 Twitter. .usa-footer .container {max-width:1440px!important;} The misclassification of workers is illegal and damages the quality of life for the affected employees and their families. CFPB's jurisdiction includes banks, credit unions, securities firms, payday lenders, mortgage-servicing operations, foreclosure relief services, debt collectors, and other financial companies . #block-googletagmanagerheader .field { padding-bottom:0 !important; } Box 045 Trenton, NJ 08625-0045 Tel (609) 292-6767 Fax (609) 633-7366 In total, between the departments settlement and the private class action lawsuit settlement, more than $3 million will be restored to the retirement plan. The Employee Benefits Security Administration is satisfied that this settlement will result in a substantial recovery to plan participants of the losses that the fiduciaries actions caused, added OBrien. The Wage and Hour Division encourages employers with compliance questions to contact us.. .table thead th {background-color:#f1f1f1;color:#222;} Where can I find informative posters for employers? us po box18A:30-3.5 Payment for accumulated sick leave by board of education. Registration and Permits. The .gov means its official. 34:11-67.1. - Individuals and Families, Important .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} (609) 789-8647. Fiduciaries are also prohibited from using plan assets for their own interests.. P.O. for a property owned or leased by the State of New Jersey, complete the MW-31B form.Selected Labor Laws 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 an employment issue enforced by the Division of Wage and Hour Compliance, complete the MW-31C form. The Labor Relations Administrator will receive the incident reports and conduct the investigations. The first violation results in a fee of 10% of the unpaid wages; a second offense results in an 18% fee; and a third or more offense results in a 25% fee. ACC GREATER PHILLY Currently serving as President-Elect and on the Board of Directors. 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. .manual-search-block #edit-actions--2 {order:2;} janitor, security guard, window cleaner, etc.) Get Support. 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. -Read Full Disclaimer, "My benefits are ending. Working with our sister agencies, were holding employers accountable to our states wage, benefits and tax laws. This letter spells out in detail the wages, fees, and penalties which are due. This investigation found 76 employees to be owed $94,114 in unpaid overtime wages. The judgment also bars the Hills from serving as fiduciaries of any ERISA-covered employee benefit plans in the future. October 21, 2022. This part of the Assessment Letter is self-explanatory and includes the name or names of the persons to whom wages are due. . The wages may represent unpaid hours of work, unpaid overtime hours, or payment of less than prevailing wage. 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. NJDOL, Treasury Raid Worksite In First Joint-Enforcement Action to Combat Worker Misclassification. Your identity and other personally identifiable information are protected from disclosure to your employer and others, with limited exceptions. Audit and Other Reports. The plan was funded primarily by employer contributions. The general contractor of the private construction project, Grand Street Construction of Jersey City, can be held responsible for the unlawful actions and back wages of its sub-contractors per N.J.S.A. 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