nj department of labor investigationnj department of labor investigation

Governor Sheila Oliver, Department of Labor and Workforce Development. Department of Labor & Workforce Development, Governor Phil Murphy Lt. 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. "We will not tolerate companies and contractors that cut corners to make an extra buck. If the employer does not agree that any wages are due, the complainant will be notified and will have the option of pursuing the matter through the Wage Collection proceeding process. 30:6D-17 stipulates: The Department shall ensure that every developmentally disabled person in a community residential facility receives adequate medical and dental care, a nutritionally adequate diet, a full daily program of structured activities, and those other services which are necessary to maximize the developmental potential of the developmentally disabled person in a manner least restrictive of personal liberty. The maximum amount of a Wage Collection award is $50,000 and complainants must waive any amount over $50,000. The judgment also bars the Hills from serving as fiduciaries of any ERISA-covered employee benefit plans in the future. Home. 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. 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. A preponderance of evidence is attained when 51 percent of the evidence supports a substantiated finding. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} The Labor Prosecutions Unit is responsible for investigating and prosecuting individuals involved in committing fraud against the New Jersey Department of Labor. Similarly, the Stone Harbor Beach Patrol compensated lifeguards for hours worked, but were not including an overtime pay rate. Note: Do not complete this form if you have a wage complaint; complete the MW-31A form instead. Trenton NJ, after an NJ.com investigation found that state government agencies aren't answering the phone when people call for . NJDOL is using an identity verification tool to reduce fraud and expedite legitimate claims. 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. #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;} In conducting a civil investigation, OI uses a preponderance of evidence standard to determine whether an allegation or incident is substantiated or not substantiated. For direct contact, please call your local Reemployment Call Center or contact the Division of Unemployment Insurance at (609) 292-24660 or at UIhelp@dol.nj.gov . 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. 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. I hope this case serves as a reminder to all public works contractors of their obligations under the law.. At the hearing, the Wage Collection Referee will gather all of the pertinent facts and will make a decision. Unemployment insurance gives financial support to people who lose their jobs through no fault of their own. For more information about unemployment insurance, visit the Division of Unemployment Insurance's website. 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. Normally, these hearings are held in Trenton; however, if this presents a hardship, the employer can request an alternate location. 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). 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.. The investigation resulted from a complaint alleging that custom . Get help finding your next job and learn about the laws that protect you. 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. 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. How can I report a violation of my rights? .table thead th {background-color:#f1f1f1;color:#222;} Civil money penalties may be assessed for child . The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Department of Labor & Workforce Development, Governor Phil Murphy Lt. .usa-footer .grid-container {padding-left: 30px!important;} 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. 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. Governor Phil Murphy Lt. janitor, security guard, window cleaner, etc.) Google Translate is an online service for which the user pays nothing to obtain a purported language translation. reports. Federal government websites often end in .gov or .mil. If the claim is referred to the Wage Collection section, the employer will be notified of the date, time, and location of the hearing. Are other resources available?". 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. Additionally, time-in/time-out records for minor employees were not maintained. At the agreed upon appointment time, the investigator will review the records and conduct interviews if necessary. MOORESTOWN, NJ - The fiduciaries of an international design firm in Moorestown must pay more than $2 million to restore mismanaged assets to the company's retirement plan and in penalties after the U.S. Department of Labor agreed to a settlement following an investigation and litigation.. An investigation by the department's Employee Benefits Security Administration determined that . Get 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. 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. - SCI Statute: Powers and Responsibilities, 50 West State St. 14th Floor FOR IMMEDIATE RELEASE. Investigations handled by the Labor Unit include Unemployment and Disability Insurance frauds. Contractors providing services and performing work for federal government agencies must comply with all of the obligations specified in their contracts. At the completion of the inspection, the investigator will advise the employer of any violations and back wages which are due. Wages are unpaid wages that the investigator has determined are due. Free Consultations (973) 364-8300 Hablamos Espaol Home 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. A proposed settlement was reached in the private class action lawsuit, which alleged similar ERISA violations as the departments complaint. Underground Trade in Stolen Goods, Wolves in Sheep's Clothing: New Jersey's SPCAs 17 Years Later. Department of Labor, claimants can file an initial PUA claim for 30 days after the program ends. 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. 200 Constitution AveNW 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. 2022 Top Management and Performance Challenges Facing the U.S. Department of Labor DOL-OIG Semiannual Report to Congress, Volume 88 (April 2022-September 2022) Highlights to the Semiannual Report (April 2022-September 2022) 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 . - Individuals and Families, Important .usa-footer .container {max-width:1440px!important;} An official website of the United States government. 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. 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. Fees are statutory in nature and are not subject to negotiation. 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. February 9, 2023. 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. Following EBSAs investigation, the departments Office of the Solicitor in New York. Get personalized resources and support for your unique life situation. You can use earned sick time for some school-related events. Working with our sister agencies, were holding employers accountable to our states wage, benefits and tax laws. Governor Sheila Oliver, Department of Labor and Workforce Development. Governor Sheila Oliver. OI conducts approximately 1,200 investigations annually, in accordance with identified time frames. FOR IMMEDIATE RELEASE. 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 Collection proceedings are usually held in person in Trenton; however, alternate locations are available if travel to Trenton would prove to be a hardship. 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. 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. 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. If the claim is assigned to a field investigator, the investigator will contact the employer to make an appointment to inspect the employers records. 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. As discussed below, the law substantially expands the civil and criminal recourse available for nonpayment of wages and for retaliation. Federal government websites often end in .gov or .mil. The .gov means its official. Please file a wage complaint with the NJ Wage and Hour Division and Contract Compliance if any of the below statements apply: You are an employee working in New Jersey and you have a complaint about unpaid wages. 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. P.O. Your identity and other personally identifiable information are protected from disclosure to your employer and others, with limited exceptions. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } Trial Attorney Amanda Wilmsen of the departments Office of the Solicitor in New York negotiated the settlement for the department. 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. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} Learn more about the increase. .usa-footer .container {max-width:1440px!important;} 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. To review the laws enforced by the Division, click here. OI investigative findings identify that an allegation or incident is substantiated; meaning that the incident or allegation did occur, or unsubstantiated; meaning that the incident or allegation did not occur. 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. 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. The phone number and extension go to a mailbox that is 1. P & B Partitions is contesting that assessment. 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. 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. As a result of the investigation, nearly all the affected workers have received the back wages to which they were entitled. They also did not pay CWHSSA-required overtime compensation to three employees, while one employee did not receive FLSA-required overtime wages. EBSA is committed to ensuring the integrity of employee benefit programs and holding those who violate the law accountable. 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. 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 site is secure. Trenton, NJ 08625-0058. 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. 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. 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 . Get Support. An official website of the United States government. 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. 50 West State St. 14th Floor P.O. 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. Google Translate is an online service for which the user pays nothing to obtain a purported language translation. 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. Nearly all reports issued by the OIG since FY 2001 and selected reports issued before then are posted on this web page. 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. Department of Labor & Workforce Development, Governor Phil Murphy Lt. The link provided has been removed by NJ Department of Labor . 2019, chapter 44, off-site fabrication of components to be used in public works projects are covered under state prevailing wage laws. Effective January 1, 2023, the New Jersey minimum wage is $14.13 per hour for most workers. 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. .h1 {font-family:'Merriweather';font-weight:700;} ", Worker misclassification and wage theft can do irreparable harm to New Jersey families. Box 045 Trenton, NJ 08625-0045 Tel (609) 292-6767 Fax (609) 633-7366 Notice, Accessibility Fiduciaries are also prohibited from using plan assets for their own interests.. Department of Labor's unemployment line, Motor Vehicle Commission (MVC), Senator Anthony M. Bucco, Senator Jon Bramnick, Treasury Department's ANCHOR hotline. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} 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 . , Important.usa-footer.container { max-width:1440px! Important ; } an official website and that any information provide..., Department of Labor & Workforce Development NJ Department of Labor language translation to fraud! The evidence supports a substantiated finding identity and other laws enforced by the Division of unemployment insurance, visit Division! Important ; } an official website of the inspection, the investigator has determined are due amount $. 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