Wage and Hour Compliance. Are other resources available?". On June 13, 2014 the NLRB affirmed an ALJ decision issued in Laurus Technical Institute, 360 NLRB No. NJDOL will continue to pursue collection of the assessed back wages and penalties as cases settle. 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. Home, Services I hope this case serves as a reminder to all public works contractors of their obligations under the law.. These conferences are normally held by telephone to minimize the impact on the employers business operations. You can use earned sick time for some school-related events. 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 . Statement, DHS #block-googletagmanagerheader .field { padding-bottom:0 !important; } Where can I find informative posters for employers? 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. 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. A preponderance of evidence is attained when 51 percent of the evidence supports a substantiated finding. 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. Trenton, NJ 08625-0045 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. Prevailing Wage Rates. In total, between the departments settlement and the private class action lawsuit settlement, more than $3 million will be restored to the retirement plan. -Read Full Disclaimer, "My benefits are ending. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } .manual-search ul.usa-list li {max-width:100%;} 133 (Laurus), a case we previously . Each employer has to be treated individually, and there is no "one size fits all" penalty schedule. Learn more about the increase. The .gov means its official. Wages are unpaid wages that the investigator has determined are due. 2019, chapter 44, off-site fabrication of components to be used in public works projects are covered under state prevailing wage laws. This page features up-to-date information on the laws, rules, public notices, and Final Administrative Decisions of the Commissioner. When expanded it provides a list of search options that will switch the search inputs to match the current selection. Google Translate is an online service for which the user pays nothing to obtain a purported language translation. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Additionally, time-in/time-out records for minor employees were not maintained. The fees are paid directly to the State to offset the costs of the investigations. OSHA and the U.S. department of Labor is conducting an investigation after a workplace accident that resulted in death Friday morning, February 14. A Profile of New Jerseys Black or African American Residents. "We will not tolerate companies and contractors that cut corners to make an extra buck. Effective January 1, 2023, the New Jersey minimum wage is $14.13 per hour for most workers. 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 . 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). Comments. Tools and Resources. 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. 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. Mandatory Overtime in a Health Care Facility Complaint: if you are ahealth care worker who provides direct patient care (e.g. . Normally, these hearings are held in Trenton; however, if this presents a hardship, the employer can request an alternate location. 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. Civil money penalties may be assessed for child . Pursuant to N.J.S.A. While . reports. 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. This investigation found 76 employees to be owed $94,114 in unpaid overtime wages. Grand Street Construction, LLC of Jersey City, was the owner/ general contractor on the project. I look forward to working with this wonderful group of Home, DHS .usa-footer .grid-container {padding-left: 30px!important;} Contracts, Legal Notices, Licensing, MedComms. 50 West State St. 14th Floor P.O. At the agreed upon appointment time, the investigator will review the records and conduct interviews if necessary. Involved with DHS! 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. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. You may search for a report by utilizing one of the available search options, or . NJDOL is using an identity verification tool to reduce fraud and expedite legitimate claims. 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. Wage & Hour and Contract Compliance. Trenton NJ, after an NJ.com investigation found that state government agencies aren't answering the phone when people call for . 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. 11 Feb. The . Governor Sheila Oliver, Department of Labor and Workforce Development, Back Wages Returned to Summer Lifeguards in three Shore Towns After NJDOL Investigation Finds $400,000 Owed in Unpaid Overtime. (See section on Wage Collection proceedings below.). Full . I look forward to working with this wonderful group of FOR IMMEDIATE RELEASE. Plan fiduciaries must ensure they comply with ERISAs provisions to protect workers retirement income. Some penalties are statutory in nature and are not subject to negotiation. EBSAs Philadelphia Regional Office conducted the investigation. 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. 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. Staff, Disaster & Emergency Each contractor has the right to appeal the allegations. EBSA is committed to ensuring the integrity of employee benefit programs and holding those who violate the law accountable.. NJDOL agents also found that Men of Steel was not a registered New Jersey Public Works Contractor. Investigations handled by the Labor Unit include Unemployment and Disability Insurance frauds. Registration and Permits. 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. 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. 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. Following EBSAs investigation, the departments Office of the Solicitor in New York. Home. 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. 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. .agency-blurb-container .agency_blurb.background--light { padding: 0; } 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. 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). NEW YORK When Mitchell Martin Health Care LLC contracted with the U.S. Department of Veterans Affairs in 2020 to provide registered nurses and respiratory therapists to help care for an influx of coronavirus-related patients at four DVA medical centers in the New York City area, it committed to complying with federal wage and contracting laws. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} #block-googletagmanagerheader .field { padding-bottom:0 !important; } - SCI Statute: Powers and Responsibilities, 50 West State St. 14th Floor A proposed settlement was reached in the private class action lawsuit, which alleged similar ERISA violations as the departments complaint. The Department is authorized to supervise the payment of unpaid minimum wages and/or unpaid overtime compensation owed to any employee (s). 200 Constitution AveNW .cd-main-content p, blockquote {margin-bottom:1em;} I'm not filling anything out that's asking for my social security number and raising that many red flags . OI investigation data is also a critical component of the DHS Risk Management System. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} Box 389Trenton, NJ 08625-0389Fax: (609) 695-1174. 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. 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. 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. 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. See links to assistance with food, housing, child care, health, and more. 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? 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. Five minor employees were working without proper Employment Certificates. This new site offers comprehensive resources and claim information for those temporarily unable to work due to illness, injury, pregnancy, family bonding, or caring for a sick or injured family member. The plan was funded primarily by employer contributions. 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. Urges Employers, Workers to Remain Vigilant Against Attempted Fraud $1.2B in Bogus Payments Thwarted During Pandemic . 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. Free Consultations (973) 364-8300 Hablamos Espaol Home OI is comprised of a Director, three (3) Regional Chiefs, (10) Regional Supervisors, forty (40) Investigators and two (2) Support Staff. For more information on New Jerseys wage and hour laws, please visit myworkrights.nj.gov. 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. 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. September 15, 2021. 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. P.O. Read the full report here. [CDATA[/* >