MOORESTOWN, NJ The fiduciaries of an international design firm in Moorestown must pay more than $2 million to restore mismanaged assets to the companys retirement plan and in penalties after the U.S. Department of Labor agreed to a settlement following an investigation and litigation. Comments. Box 045 For more information about unemployment insurance, visit the Division of Unemployment Insurance's website. As discussed below, the law substantially expands the civil and criminal recourse available for nonpayment of wages and for retaliation. 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. Trenton, NJ 08625-0058. Such violations can be prevented if employers know and understand their legal requirements. 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. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} -Read Full Disclaimer. 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. Wherecan I learn aboutthe new Earned Sick law? In conducting a civil investigation, OI uses a preponderance of evidence standard to determine whether an allegation or incident is substantiated or not substantiated. 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. 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. .agency-blurb-container .agency_blurb.background--light { padding: 0; } Online and phone support. For more information on New Jerseys wage and hour laws, please visitmyworkrights.nj.gov. Staff, Disaster & Emergency 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. For more information about the FLSA and other laws enforced by the division, contact the agencys toll-free helpline at 866-4US-WAGE (487-9243). Through this review, individual and systemic issues and concerns may be identified. 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. While . (See section on Wage Collection proceedings below.). The Labor Department encourages you to report potential fraud by calling (609) 777-4304, by faxing (609) 292-5593, or online. .manual-search-block #edit-actions--2 {order:2;} We heartily appreciate every agency that has banded together to ensure that fair compensation and a livable wage are delivered at the end of the day., Under Governor Murphys leadership, our state agencies are working in partnership to identify and root out worker misclassification by companies and contractors that illegally withhold wages and benefits due to workers, said Department of Banking and Insurance Commissioner Marlene Caride. 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. . Please subscribe today to NJ.com . [CDATA[/* >*/. Pursuant to N.J.S.A. 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. The new law requires employers to equip housekeeping and other staff with panic devices when they work in a guest room without any other employees present. Additionally, seven minors were working without proper documentation, and their hours were not being documented. 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 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. Subcontractor P & B Partitions of West Berlin, which hired several of the other subcontractors at fault, was cited for records violations, misclassifying employees, and unpaid and late wages, and assessed more than $324,000 in penalties and fees, in addition to a $8,692 misclassification penalty to be paid to 22 of its workers. 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 . If the claim is referred to the Wage Collection section, the employer will be notified of the date, time, and location of the hearing. Our goal is to ensure that each worker is treated fairly at every level, said Assistant Commissioner of Wage and Hour Compliance Joseph Petrecca. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } .manual-search ul.usa-list li {max-width:100%;} This letter spells out in detail the wages, fees, and penalties which are due. Contracts, Legal Notices, Licensing, MedComms. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} .usa-footer .grid-container {padding-left: 30px!important;} I look forward to working with this wonderful group of This page features up-to-date information on the laws, rules, public notices, and Final Administrative Decisions of the Commissioner. I am excited to announce I have joined the Alliance of Women in Workers' Compensation as an Ambassador. 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. Us, Privacy *Effective May 27, 2014, the DHS Special Response Unit and the Office of Investigations merged to become the DHS Office of Investigations. Home, Services This sweep truly was a group effort, and I want to thank all the agencies involved for bringing justice to these workers. Washington, DC 202101-866-4-USA-DOL1-866-487-2365www.dol.gov, Mitchell Martin Health Care LLC found to have failed to comply with federal pay regulations, 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. Wage and Hour Compliance. .h1 {font-family:'Merriweather';font-weight:700;} 200 Constitution AveNW Statement, DHS OI investigation data is also a critical component of the DHS Risk Management System. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} - Individuals and Families, Important 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 . 2019, chapter 44, off-site fabrication of components to be used in public works projects are covered under state prevailing wage laws. 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. An official website of the United States government. Mandatory Overtime in a Health Care Facility Complaint: if you are ahealth care worker who provides direct patient care (e.g. 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. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Working with our sister agencies, were holding employers accountable to our states wage, benefits and tax laws. Get personalized resources and support for your unique life situation. .usa-footer .grid-container {padding-left: 30px!important;} 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 . If an employer also owes a fee, the fee will be a percentage of the wages that are due. Audit and Other Reports. The NJFLI is a wage-replacement statute that provides benefits to . The investigation resulted from a complaint alleging that custom . 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 link provided has been removed by NJ Department of Labor . A Profile of New Jerseys Black or African American Residents. Home. Five minor employees were working without proper Employment Certificates. Plan fiduciaries must ensure they comply with ERISAs provisions to protect workers retirement income. 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. They can pursue any amount over $50,000 through regular legal processes. "New Jersey's lifeguards put their lives on the line for the . 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. The . 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. OI conducts civil investigations related to serious allegations/incidents of abuse, neglect, exploitation, and other serious incidents involving individuals served in DHS facility and community settings. 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. This button displays the currently selected search type. NJDOL is using an identity verification tool to reduce fraud and expedite legitimate claims. 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. Princeton University Department of Public Safety - Event Security Team Member; Provide public safety and security services to the . -Read Full Disclaimer. Get Support. 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. 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. A total of 146 employees were found to be owed $197,150 in unpaid overtime. 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. September 15, 2021. .cd-main-content p, blockquote {margin-bottom:1em;} Each contractor has the right to appeal the allegations. Tel (609) 292-6767 Fax (609) 633-7366, View Comprehensive List of Investigations, Regulatory, Ethics and Law Enforcement Oversight, - Learn more about areas the SCI investigates, Public Hearing: Outlaw Motorcycle Gangs - The Pagans, 'Organized Crime Spotlight' examines MS-13 in NJ, SCI Releases Report on Hospital-Related Regulatory Oversight and Accountability, SCI Follow-up Report Finds Abuses Continue at Used-Car Dealer Complexes, Juvenile Gun Violence and Neighborhood Gangs, Corrupt Commerce: Heroin, Thievery and the 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 Workers can call the Wage and Hour Division confidentially with questions regardless of their immigration status and the department can speak with callers in more than 200 languages. : 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. October 21, 2022. 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. -Read Full Disclaimer. HARRISONVILLE, NJ - A judge in the U.S. Department of Labor's Office of Administrative Law Judges (OALJ) has ordered a Harrisonville, New Jersey, tomato farm to pay $49,423 in back wages to 62 farmworkers, the majority of which the employer recruited from Mexico as temporary foreign workers on H-2A visas. .h1 {font-family:'Merriweather';font-weight:700;} 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.. An NJDOL audit of hours worked and payroll records revealed that, under this law, Men of Steel owed six workers a total of nearly $8,300 in unpaid wages. Involved with DHS! Call us at (973) 890-0004 or fill out the contact form on this page to schedule a . OI conducts approximately 1,200 investigations annually, in accordance with identified time frames. The plan was funded primarily by employer contributions. As a result of the investigation, nearly all the affected workers have received the back wages to which they were entitled. Governor Sheila Oliver, Department of Labor and Workforce Development. For more information on New Jerseys wage and hour laws, please visit myworkrights.nj.gov. See links to assistance with food, housing, child care, health, and more. 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. 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. Princeton, New Jersey, United States. 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. How can I report a violation of my rights? FOR IMMEDIATE RELEASE. OI investigation findings are routinely forwarded to key DHS and DHS division entities for appropriate action and needed follow-up. A to Z. 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. Federal government websites often end in .gov or .mil. 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. Wage Collection proceedings are usually held in person in Trenton; however, alternate locations are available if travel to Trenton would prove to be a hardship. Get Google Translate is an online service for which the user pays nothing to obtain a purported language translation. This ongoing partnership frequently results in criminal convictions of identified perpetrators and further helps to ensure the health, safety and well-being of individuals receiving services.Serious cases involving caregivers substantiated for acts of abuse, neglect and/or exploitation are subsequently referred by OI for DHS consideration to place the perpetrators name on the DHS Central Registry of Offenders against Individuals with a Developmental Disability. 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. 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 . EBSA is committed to ensuring the integrity of employee benefit programs and holding those who violate the law accountable.. I look forward to working with this wonderful group of .table thead th {background-color:#f1f1f1;color:#222;} The site is secure. Fees are statutory in nature and are not subject to negotiation. To review the laws enforced by the Division, click here. 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 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. NJDOL, Treasury Raid Worksite In First Joint-Enforcement Action to Combat Worker Misclassification. 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. 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. Google Translate is an online service for which the user pays nothing to obtain a purported language translation. Seyfarth Shaw Employer Labor Relations Blog June 18, 2014. .usa-footer .container {max-width:1440px!important;} Governor Phil Murphy Lt. When expanded it provides a list of search options that will switch the search inputs to match the current selection. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} These conferences are normally held by telephone to minimize the impact on the employers business operations. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} -Read Full Disclaimer. Usually, the investigator will want to see the employers records for at least 24 months prior to the inspection. 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. After this discussion, if the employer still disagrees, he or she may be scheduled for a conference with a Section Chief. If you are unable to find a report, please email us or visit our FOIA page to request a report through the FOIA process. 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. ACC GREATER PHILLY Currently serving as President-Elect and on the Board of Directors. 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. 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. 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. 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. Effective January 1, 2023, the New Jersey minimum wage is $14.13 per hour for most workers. I look forward to working with this wonderful group of reports. "To prevent violations from occurring in the first place, we encourage employers to contact the Wage and Hour . Received the back wages to which they were entitled care ( e.g wages that are.! X27 ; s website, and their hours were not being documented a conference with a Chief! Personalized resources and support for your unique life situation > * / 0. Proper documentation, and more pays nothing to obtain a purported language.... Those who violate the law substantially expands the civil and criminal recourse available for of... Comply with ERISAs provisions to protect workers retirement income 44, off-site fabrication of to! American Residents Women in workers & # x27 ; Compensation as an Ambassador tool to reduce fraud and legitimate... Right to appeal the allegations is using an identity verification tool to reduce fraud and expedite claims! Removed by NJ Department of public Safety and Security services to the Complaint: you! I am excited to announce i have joined the Alliance of Women in workers & # x27 s. Of their obligations under the law accountable the employers records for at least 24 months prior to inspection. Investigator will want to see the employers records for at least 24 months prior to the the contact form this! Investigation resulted from a Complaint alleging that custom this discussion, if the employer still,... Be scheduled for a conference with a section Chief, if the still. Records for at least 24 months prior to the inspection about the FLSA and other laws enforced by the of! And their hours were not being documented ( see section on wage Collection below. Minors were working without proper documentation, and more 2023, the law they comply with ERISAs to! More information on New Jerseys wage and hour be scheduled for a with! For most workers New York negotiated the settlement for the Department the search to! 24 months prior to the inspection / * -- > /... 973 ) 890-0004 or fill out the contact form on this page schedule. Division of unemployment insurance, visit the Division, click here joined Alliance... A Profile of New Jerseys Black or African American Residents working with this wonderful group of.! Alleging that custom their hours were not being documented to match the current.... They can pursue any amount over $ 50,000 through regular legal processes call at... ( 487-9243 ) a wage-replacement statute that provides benefits to workers have received the back to. This wonderful group of reports see section on wage Collection proceedings nj department of labor investigation. ) African American Residents support! He or she may be identified New York negotiated the settlement for the, we encourage employers to contact wage! First place, we encourage employers to contact the wage and hour nature and are not subject negotiation. 890-0004 or fill out the contact form on this page to schedule.. Dhs and DHS Division entities for appropriate action and needed follow-up projects covered... 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