-Read Full Disclaimer. The Division of Public Safety and Occupational Safety and Health enforces laws and regulations that provide for safe working conditions throughout New Jersey's public and private sector. 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. 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. 30: 6D - 76 et seq. This letter spells out in detail the wages, fees, and penalties which are due. You may also apply if you are To view your claim status, fill out a claim status form on the New Jersey Department of Labor and Workforce Development website with the personal information used to fill out the Marion Shepilov Barry (born Marion Barry Jr.; March 6, 1936 - November 23, 2014) was an American politician who served as mayor of . 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. Get Support. Where can I look for a job in New Jersey? I look forward to working with this wonderful group of 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. .table thead th {background-color:#f1f1f1;color:#222;} You can use earned sick time for some school-related events. Contractors providing services and performing work for federal government agencies must comply with all of the obligations specified in their contracts. FOR IMMEDIATE RELEASE. We want to make sure employees arent paid any less than what they deserve for an honest days work.. Resources, Commissioner & Key For more information click here. - Individuals and Families, Important Google Translate is an online service for which the user pays nothing to obtain a purported language translation. Community settings include programs licensed, contracted, funded and/or regulated by DHS divisions, including the Divisions of Developmental Disabilities and Mental Health and Addiction Services. The judgment also bars the Hills from serving as fiduciaries of any ERISA-covered employee benefit plans in the future. InterArch Inc. and the Hills will additionally pay approximately $1.1 million to the retirement plan to resolve a separate but related private class action lawsuit filed by a former employee and those similarly situated in the U.S. District Court for the District of New Jersey on May 27, 2020. .manual-search ul.usa-list li {max-width:100%;} Underground Trade in Stolen Goods, Wolves in Sheep's Clothing: New Jersey's SPCAs 17 Years Later. .h1 {font-family:'Merriweather';font-weight:700;} The misclassification of workers is illegal and damages the quality of life for the affected employees and their families. Governor Phil Murphy Lt. The penalties are applied after the investigator submits the case and the supervisor reviews the case and the employer history and determines the amount to be assessed. The employer has the right to either pay these wages directly to the employee or submit payment to the Division, and, in turn, the Division will disburse the wages. Grand Street Construction, LLC of Jersey City, was the owner/ general contractor on the project. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} Notice, Accessibility 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. Trenton, NJ 08625-0045 Involved with DHS! janitor, security guard, window cleaner, etc.) At the completion of the inspection, the investigator will advise the employer of any violations and back wages which are due. The Wage and Hour Division encourages employers with compliance questions to contact us.. 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. Box 045 - SCI Statute: Powers and Responsibilities, 50 West State St. 14th Floor WASHINGTON - The U.S. Department of Labor today announced that its Wage and Hour Division is seeking to add 100 investigators to its team to support its enforcement efforts including the protection of workers' wages, migrant and seasonal workers, rights to family and medical leave and prevailing wage requirements for workers on federal contracts. The link provided has been removed by NJ Department of Labor . TRENTON - The New Jersey Department of Labor and Workforce Development has blocked at least $1.2 billion in fraudulent unemployment claims from being paid since COVID-19-related applications deluged the state's system in March. *Effective May 27, 2014, the DHS Special Response Unit and the Office of Investigations merged to become the DHS Office of Investigations. Help & Information, Press Google Translate is an online service for which the user pays nothing to obtain a purported language translation. NJDOLs Division of Wage and Hour Compliance joined staff from the Treasurys Division of Taxation, the Department of Banking and Insurance and the Attorney Generals Office to follow up on complaints of workers being misclassified as independent contractors or paid off-the-books while working at the Jersey City construction site. The Division of Vocational Rehabilitation Services (DVRS) works to match the strengths and capabilities of individuals with disabilities to meaningful employment, training, and support opportunities. If the employer disagrees with the findings, he or she can request a conference and the investigator's supervisor will contact the employer to explain the violations, laws or regulations, wages, fees and penalties. The site is secure. This part of the Assessment Letter is self-explanatory and includes the name or names of the persons to whom wages are due. 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 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. Urges Employers, Workers to Remain Vigilant Against Attempted Fraud $1.2B in Bogus Payments Thwarted During Pandemic . TRENTON - A team of more than 60 investigators from the New Jersey Department of Labor and Workforce Development (NJDOL) and the Department of the Treasury, supported by other state agencies, conducted an unannounced investigation of a construction site at 88 Regent Street in Jersey City in response to allegations of worker misclassification. . Before sharing sensitive information, make sure youre on a federal government site. 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. NJDOL agents also found that Men of Steel was not a registered New Jersey Public Works Contractor. I hope this case serves as a reminder to all public works contractors of their obligations under the law.. OI conducts approximately 1,200 investigations annually, in accordance with identified time frames. After this discussion, if the employer still disagrees, he or she may be scheduled for a conference with a Section Chief. 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? The Labor Department encourages you to report potential fraud by calling (609) 777-4304, by faxing (609) 292-5593, or online. 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. Every year, the Wage and Hour Division of the U.S. Department of Labor and its state counterparts (which we will collectively refer to here as the "DOL") amplify their efforts to enforce wage and hour laws, such as the Fair Labor Standards Act, the Davis-Bacon and Related Acts, the McNamara-O'Hara Service Contract Act, and corresponding state laws and regulations (e.g., Articles 8 and 9 . Comments. Read the full report here. /*-->*/. Placement of the perpetrators name on the Central Registry ensures an added level of protection to individuals served as he/she is prohibited from working with individuals with an intellectual/developmental disability for a minimum of five years. Governor Sheila Oliver, Department of Labor and Workforce Development, Multi-Agency Investigation Results in Assessing 20 Contractors More than $1.3M in Back Wages and Penalties. 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. #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;} .cd-main-content p, blockquote {margin-bottom:1em;} These conferences are normally held by telephone to minimize the impact on the employers business operations. Learn about our identity verification process. 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 . Seyfarth Shaw Employer Labor Relations Blog June 18, 2014. 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. I'm not filling anything out that's asking for my social security number and raising that many red flags . We are grateful for the collaboration with our sister agencies on this joint investigation. Investigators from the Division assessed the 14 non-compliant businesses a total of $104,092 in back taxes and have collected $46,597 to date. 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. Each employer has to be treated individually, and there is no "one size fits all" penalty schedule. FOR IMMEDIATE RELEASE. FOR IMMEDIATE RELEASE. The . -Read Full Disclaimer. >EMPLOYMENT LAW<br . 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. 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. This sweep truly was a group effort, and I want to thank all the agencies involved for bringing justice to these workers. February 9, 2023. File a Wage Complaint. Our goal is to ensure that each worker is treated fairly at every level, said Assistant Commissioner of Wage and Hour Compliance Joseph Petrecca. 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. Your identity and other personally identifiable information are protected from disclosure to your employer and others, with limited exceptions. .usa-footer .container {max-width:1440px!important;} 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. The maximum amount of a Wage Collection award is $50,000 and complainants must waive any amount over $50,000. Department of Labor and Workforce Development. The investigator has no control over the amount of fees and/or penalties; they are determined after the case has been submitted and reviewed by a supervisor. 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. #block-googletagmanagerheader .field { padding-bottom:0 !important; } 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. 200 Constitution AveNW p.usa-alert__text {margin-bottom:0!important;} Home, Services Department of Labor & Workforce Development, Governor Phil Murphy Lt. This page features up-to-date information on the laws, rules, public notices, and Final Administrative Decisions of the Commissioner. Central matters represent a higher risk to Sandoz from a reputational, business, financial, legal and/or quality/safety perspective.Promote positive labor relations by effectively interacting with local associates to understand regional requirements, conduct local investigations, facilitate the sharing of best practices, and support local ER . Each contractor has the right to appeal the allegations. 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. 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. 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 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;} 34:11-67.1. Note: claims that are handled by mail usually only involve one person (for example, a former employee who did not receive their last paycheck). If an employer also owes a fee, the fee will be a percentage of the wages that are due. The investigation was undertaken as a result of a criminal referral by the New Jersey Department of Labor and Workforce Development, who also provided valuable assistance during the investigation. The U.S. Department of Labor is dedicated to ensuring employers pay essential workers all the wages they earned, said Wage and Hour Division District Director Jorge Alvarez in New York. The Labor Relations Administrator will receive the incident reports and conduct the investigations. A federal court ordered a New Jersey company and its co-managers to pay $712,000 in back wages and damages after a Department of Labor investigation found it had deliberately denied overtime pay. Working with our sister agencies, were holding employers accountable to our states wage, benefits and tax laws. The Office of Consumer Finance provides consumer protections through the regulation of 16 types of businesses that provide a variety of consumer financial services. Home. Contracts, Legal Notices, Licensing, MedComms. ol{list-style-type: decimal;} Before sharing sensitive information, make sure youre on a federal government site. Get help finding your next job and learn about the laws that protect you. FOR IMMEDIATE RELEASE. If the employer also owes a penalty, the amount of the penalty will vary depending upon the severity of the offence, the number of employees impacted, and the employers history of violations. Temporary Disability BenefitsFamily Leave InsuranceMaternity Leave Unemployment Insurance Social Security Disability Workers' Compensation, Press ReleasesGrant NoticesEqual Pay ActMinimum WageJob AnnouncementsLaws, Rules, Administrative DecisionsNJ First, Data ToolsReportsNJ Industry StudiesCensusEmployment & Wages. -Read Full Disclaimer. Get Full . Learn more: 2 2 Twitter. The Occupational Safety and Health Administration (OSHA / o /) is a large regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces. Wage Complaint for Non-Payment of Prevailing Wage Rate: Mandatory Overtime in a Health Care Facility Complaint: Mail or fax your completed complaint form to: Governor Phil Murphy Lt. CFPB's jurisdiction includes banks, credit unions, securities firms, payday lenders, mortgage-servicing operations, foreclosure relief services, debt collectors, and other financial companies . 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-OHara Service Contract Act , Contract Work Hours and Safety Standards Act and the Fair Labor Standards Act. 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. 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. US Department of Labor recovers $352K in back pay for 653 workers after Detroit area staffing agency misclassifies them as independent contractors, Operator of Dairy Queen franchises fined $42K after federal investigation finds child labor violations at 11 Indiana, Michigan, locations. 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. reports. Free Consultations (973) 364-8300 Hablamos Espaol Home The .gov means its official. In conjunction with NJDOL, the Department of the Treasurys Division of Taxation investigated 21 of the subcontractors and found that 14 had pending tax issues and one out-of-state contractor was served a jeopardy assessment warrant for non-compliance. 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. Mandatory Overtime in a Health Care Facility Complaint: if you are ahealth care worker who provides direct patient care (e.g. 200 Constitution AveNW There are also instances when a complainant will have the option of pursuing a claim through a Wage Collection proceeding. Such violations can be prevented if employers know and understand their legal requirements. 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. If you work in New Jersey and believe that your employer has not properly paid you, or if you have a complaint against an employer for violating aNew Jersey Labor Law enforced by the Division of Wage and Hour Compliance, you may file a wage complaint by following the guidelines on this page. Registration and Permits. [CDATA[/* >
