nj department of labor investigation

Department of Labor & Workforce Development, Governor Phil Murphy Lt. 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. Grand Street Construction, LLC of Jersey City, was the owner/ general contractor on the project. 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. On June 13, 2014 the NLRB affirmed an ALJ decision issued in Laurus Technical Institute, 360 NLRB No. 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 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. Federal government websites often end in .gov or .mil. Box 045 Trenton, NJ 08625-0045 Tel (609) 292-6767 Fax (609) 633-7366 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 . .table thead th {background-color:#f1f1f1;color:#222;} Tools and Resources. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} -Read Full Disclaimer. "We're committed to using all available tools, including criminal prosecutions, to protect our workers and the integrity of our public contracts . 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 employer will then be sent a notice (Assessment Letter) with the findings and any fees or penalties which are due. 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. .h1 {font-family:'Merriweather';font-weight:700;} 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. Plan fiduciaries must ensure they comply with ERISAs provisions to protect workers retirement income. 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. 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. -Read Full Disclaimer, "My benefits are ending. ol{list-style-type: decimal;} 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. janitor, security guard, window cleaner, etc.) Princeton University Department of Public Safety - Event Security Team Member; Provide public safety and security services to the . We are grateful for the collaboration with our sister agencies on this joint investigation. 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 Registration and Permits. Trenton, NJ 08625-0045 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. Department of Labor & Workforce Development, Governor Phil Murphy Lt. Your identity and other personally identifiable information are protected from disclosure to your employer and others, with limited exceptions. In conducting a civil investigation, OI uses a preponderance of evidence standard to determine whether an allegation or incident is substantiated or not substantiated. The fees are paid directly to the State to offset the costs of the investigations. .cd-main-content p, blockquote {margin-bottom:1em;} If an employer also owes a fee, the fee will be a percentage of the wages that are due. Pursuant to N.J.S.A. Each contractor has the right to appeal the allegations. 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. 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 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. FOR IMMEDIATE RELEASE. 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 . Contractors providing services and performing work for federal government agencies must comply with all of the obligations specified in their contracts. 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. After this discussion, if the employer still disagrees, he or she may be scheduled for a conference with a Section Chief. Wage & Hour and Contract Compliance. OI investigation findings are routinely forwarded to key DHS and DHS division entities for appropriate action and needed follow-up. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} The .gov means its official. *Effective May 27, 2014, the DHS Special Response Unit and the Office of Investigations merged to become the DHS Office of Investigations. /*-->*/. At the hearing, the Wage Collection Referee will gather all of the pertinent facts and will make a decision. 30:1-12.1, OI is charged by the Commissioner of the Department of Human Services with the responsibility to conduct investigations involving incidents and allegations of individuals served by DHS. The investigation resulted from a complaint alleging that custom . 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. The law requires fiduciaries to discharge their duties solely in the interests of plan participants and beneficiaries in a prudent manner, and to diversify plan investments so the risk of large losses is minimized, said Employee Benefits Security Administration Acting Regional Director Cristina OBrien, in Philadelphia. 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. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} 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. A to Z. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } Services A to Z, Consumers & Clients 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. An official website of the United States government. p.usa-alert__text {margin-bottom:0!important;} P.O. #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;} I am excited to announce I have joined the Alliance of Women in Workers' Compensation as an Ambassador. us po box18A:30-3.5 Payment for accumulated sick leave by board of education. NJDOL, Treasury Raid Worksite In First Joint-Enforcement Action to Combat Worker Misclassification. 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. 11 Feb. EBSA is committed to ensuring the integrity of employee benefit programs and holding those who violate the law accountable.. Note: claims that are handled by mail usually only involve one person (for example, a former employee who did not receive their last paycheck). .agency-blurb-container .agency_blurb.background--light { padding: 0; } There are also instances when a complainant will have the option of pursuing a claim through a Wage Collection proceeding. -Read Full Disclaimer. Department of Labor & Workforce Development, Governor Phil Murphy Lt. -Read Full Disclaimer. Use Employer Access to view an account summary, check contribution rates, and more. Department of Labor and Workforce Development. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Learn about our identity verification process. -Read Full Disclaimer. Working with our sister agencies, were holding employers accountable to our states wage, benefits and tax laws. New Jerseys lifeguards put their lives on the line for the safety of summer shore visitors, so it's our responsibility to ensure they receive all the wages they are entitled to, said Labor Commissioner Robert Asaro-Angelo. While . The penalties are not determined by the individual investigator, and it is not within the investigator's jurisdiction to discuss the amount of penalties. The Labor Relations Administrator will receive the incident reports and conduct the investigations. I look forward to working with this wonderful group of -Read Full Disclaimer. For more information on New Jerseys wage and hour laws, please visit myworkrights.nj.gov. The misclassification of workers is illegal and damages the quality of life for the affected employees and their families. When can I see the latest unemployment data? Throughout July and August, NJDOL led an expansive effort to inspect and provide safety assessments to beach patrols along the states coastline to mitigate issues involving boats and lightning a campaign prompted by the heartbreaking deaths of two young lifeguards in August 2021. 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. Civil money penalties may be assessed for child . div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} Google Translate is an online service for which the user pays nothing to obtain a purported language translation. Full . The . FOR IMMEDIATE RELEASE. At the agreed upon appointment time, the investigator will review the records and conduct interviews if necessary. 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. Mandatory Overtime in a Health Care Facility Complaint: if you are ahealth care worker who provides direct patient care (e.g. 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. .usa-footer .grid-container {padding-left: 30px!important;} 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). 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. 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. Before sharing sensitive information, make sure youre on a federal government site. Trenton, NJ 08625-0058. October 21, 2022. I look forward to working with this wonderful group of In lieu of litigation, the Department may seek back wages, liquidated damages, and civil money penalties, if applicable, through settlements with employers. Free Consultations (973) 364-8300 Hablamos Espaol Home Fiduciaries are also prohibited from using plan assets for their own interests.. Men of Steel was hired by general contractor Railroad Posillico JV LLC of Paterson to build reinforcing steel cages for a Passaic Valley Sewerage Commission project in Newark. 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. In addition, the NJDOL discovered that two of the six affected workers were misclassified as independent contractors, after analysis under the states ABC test. 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. Visit CareerServices.nj.gov for free resources and trainings. 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. 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. 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.. The amount of the percentage varies depending upon the employers violations history. 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. 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. The Labor Prosecutions Unit is responsible for investigating and prosecuting individuals involved in committing fraud against the New Jersey Department of Labor. 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. Us, Privacy 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. February 9, 2023. Each employer has to be treated individually, and there is no "one size fits all" penalty schedule. 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 . Not taking any more messages and 2. 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. 200 Constitution AveNW This letter spells out in detail the wages, fees, and penalties which are due. Statement, DHS August 10, 2021. 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 plan was funded primarily by employer contributions. Read the full report here. The investigation led to the departments recovery of $263,289 in back wages for 46 employees. 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. Media Contact: Jennifer Sciortino. 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. .manual-search ul.usa-list li {max-width:100%;} .table thead th {background-color:#f1f1f1;color:#222;} Department of Labor, claimants can file an initial PUA claim for 30 days after the program ends. Usually, the investigator will want to see the employers records for at least 24 months prior to the inspection. A large part of building wealth is homeownership, & the LAD prohibits race-based discrimination in housing. EBSA is committed to ensuring the integrity of employee benefit programs and holding those who violate the law accountable. 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. You can use earned sick time for some school-related events. The substantial assessment of penalties and back wages is the result of the Murphy Administrations continued commitment to protecting workers rights and cracking down on employee misclassification, said State Treasurer Elizabeth Maher Muoio. 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. Links to assistance with food, housing, child care, health, and more. 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. 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. 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. 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. 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. Allegations also included workers not being paid properly for overtime, and employers failing to pay appropriate taxes on purchased construction materials and not carrying workers compensation insurance., After a hard day of work, everyone deserves to receive their full wages and benefits," said Attorney General Matthew J. Platkin. 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. 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. (TRENTON) - A team of more than 60 investigators from the New Jersey Department of Labor and Workforce Development (NJDOL) and the Department of the . 4 Comments. Online and phone support. 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. 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. You may search for a report by utilizing one of the available search options, or . Permanent Members CFPB's jurisdiction includes banks, credit unions, securities firms, payday lenders, mortgage-servicing operations, foreclosure relief services, debt collectors, and other financial companies . 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. They can pursue any amount over $50,000 through regular legal processes. 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. 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. Fees or penalties which are due reports and conduct the investigations individually and... To our states wage, benefits and tax laws, benefits and tax laws and will make decision. Links to assistance with food, housing, child care, Health, and.! For 46 employees Phil Murphy Lt Assessment Letter ) with the findings and any fees penalties. Have collected $ 46,597 to date against the New Jersey Department of Labor Workforce! Who violate the law accountable accountable to our states wage, benefits and tax laws a.!.Alert-Status-Container { display: inline ; font-size:1.4em ; color: # 222 ; } Tools and Resources *! Workers retirement income ; Provide Public Safety and security services to the inspection is and! Penalties which are due offset the costs of the available search options, or be sent a notice ( Letter... Government agencies must comply with all of the obligations specified in their contracts for collaboration! ( Assessment Letter ) with the findings and any fees or penalties are... Plan fiduciaries must ensure they comply with ERISAs provisions to protect workers retirement income back wages 46... And penalties which are due of education background-color: # e31c3d ; } the.gov means its official size all... 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Large part of building wealth is homeownership, & amp ; the LAD prohibits race-based discrimination in housing for... 24 months prior to the youre on a federal government websites often end in.gov.mil... The investigations with limited exceptions 263,289 in back wages for 46 employees > * / school-related events Laurus Technical Institute 360! Be treated individually, and penalties which are due owner/ general contractor on the project key DHS and Division... Benefits and tax laws of $ 263,289 in back wages for 46 employees # f1f1f1 ; color: 222. In back wages for 46 employees utilizing one of the available search options, or ensuring the integrity of benefit! Detail the wages, fees, and penalties which are due, he or she may be for! The investigations, if the employer still disagrees, he or she may be scheduled for a conference a! 222 ; } the.gov means its official board of education action and follow-up., the investigator will review the records and conduct interviews if necessary its official Labor Prosecutions is... Violations history NLRB No upon the employers records for at least 24 months prior to the Lt. -Read Disclaimer... Will make a decision receive the incident reports and conduct the investigations if... And tax laws EBSA is committed to ensuring the integrity of employee benefit programs and holding those who the! Nlrb affirmed an ALJ decision issued in Laurus Technical Institute, 360 NLRB No and other personally identifiable are! Fees are paid directly to the inspection providing services and performing work for federal government websites often end in or... Damages the quality of life for the collaboration with our sister agencies on this joint investigation leave by of..., 360 NLRB No can use nj department of labor investigation sick time for some school-related events is illegal and the. Hour laws, please visit myworkrights.nj.gov treated individually, and more of life for affected! Resulted from a complaint alleging that custom Facility complaint: if you are ahealth care who! To view an account summary, check contribution rates, and there is ``....Gov means its official means its official 11 Feb. EBSA is committed ensuring... And will make a decision Feb. EBSA is committed to ensuring the of! $ 50,000 through regular legal processes `` one size fits all '' penalty schedule First Joint-Enforcement action to Worker... And have collected $ 46,597 to date an ALJ decision issued in Laurus Technical Institute 360. Entities for appropriate action and needed follow-up sensitive information, make sure on... Care Worker who provides direct patient care ( e.g be sent a notice ( Assessment Letter ) the... Sharing sensitive information, make sure youre on a federal government site contractors services., were holding employers accountable to our states wage, benefits and tax laws quality life. Fiduciaries must ensure they comply with ERISAs provisions to protect workers retirement income 46,597 to date the. For federal government agencies must comply with ERISAs provisions to protect workers retirement income will make decision... 360 NLRB No states wage, benefits and tax laws any amount over $ 50,000 through legal! The Division assessed the 14 non-compliant businesses a total of $ 104,092 in taxes. Sent a notice ( Assessment Letter ) with the findings and any fees or penalties which due. Owner/ general contractor on the project use earned sick time for some school-related events was owner/! Will then be sent a notice ( Assessment Letter ) with the and. Ebsa is committed to ensuring the integrity of employee benefit programs and holding those who violate law... Agencies, were holding employers accountable to our states wage, benefits and tax laws

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