Are other resources available?". US Department of Labor recovers $352K in back pay for 653 workers after Detroit area staffing agency misclassifies them as independent contractors, Operator of Dairy Queen franchises fined $42K after federal investigation finds child labor violations at 11 Indiana, Michigan, locations. I'm not filling anything out that's asking for my social security number and raising that many red flags . 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. Each contractor has the right to appeal the allegations. The Wage and Hour Division encourages employers with compliance questions to contact us.. 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 . Visit our online portal to file a complaint online. Free Consultations (973) 364-8300 Hablamos Espaol Home 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. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} We want to make sure employees arent paid any less than what they deserve for an honest days work.. Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division. 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. 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. 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. The Department is authorized to supervise the payment of unpaid minimum wages and/or unpaid overtime compensation owed to any employee (s). This investigation found 76 employees to be owed $94,114 in unpaid overtime wages. 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. Additionally, seven minors were working without proper documentation, and their hours were not being documented. Home, DHS If the telephone conference does not resolve the matter, or a telephone conference was not available, the employer will be scheduled for a hearing before a Hearing and Review Officer. 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. Governor Sheila Oliver. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Governor Sheila Oliver, Department of Labor and Workforce Development, NJDOL Cites PA Subcontractor for Wage Violations on NJ Public Works Project. 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. the staff of the Ridgewood blog. Audit and Other Reports. Mandatory Overtime in a Health Care Facility Complaint: if you are ahealth care worker who provides direct patient care (e.g. Unemployment insurance gives financial support to people who lose their jobs through no fault of their own. . 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. 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. 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) Plan fiduciaries must ensure they comply with ERISAs provisions to protect workers retirement income. In addition, the NJDOL discovered that two of the six affected workers were misclassified as independent contractors, after analysis under the states ABC test. Google Translate is an online service for which the user pays nothing to obtain a purported language translation. NJDOL has been ramping up its worker protection and safety enforcement. 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. Online and phone support. 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. Similarly, the Stone Harbor Beach Patrol compensated lifeguards for hours worked, but were not including an overtime pay rate. The penalties are not determined by the individual investigator, and it is not within the investigator's jurisdiction to discuss the amount of penalties. 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). .paragraph--type--html-table .ts-cell-content {max-width: 100%;} 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. 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. .h1 {font-family:'Merriweather';font-weight:700;} Federal government websites often end in .gov or .mil. 4 Comments. Depending on the nature of the claim, the claim will either be assigned to a field investigator, handled by mail, or referred for a Wage Collection proceeding. I hope this case serves as a reminder to all public works contractors of their obligations under the law.. This button displays the currently selected search type. Learn more: 2 2 Twitter. Civil money penalties may be assessed for child . I look forward to working with this wonderful group of There are also instances when a complainant will have the option of pursuing a claim through a Wage Collection proceeding. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} I am excited to announce I have joined the Alliance of Women in Workers' Compensation as an Ambassador. Read the full report here. .cd-main-content p, blockquote {margin-bottom:1em;} Notice, Accessibility If a Wage Collection decision is appealed by either the complainant or the employer, the case is sent to The Superior Court of New Jersey where the appeal will be heard. We will continue to make sure workers especially young workers who may not yet understand their work rights are being paid properly.. This sweep truly was a group effort, and I want to thank all the agencies involved for bringing justice to these workers. Effective January 1, 2023, the New Jersey minimum wage is $14.13 per hour for most workers. 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. >EMPLOYMENT LAW<br . The Consumer Financial Protection Bureau ( CFPB) is an agency of the United States government responsible for consumer protection in the financial sector. -Read Full Disclaimer, "My benefits are ending. .manual-search ul.usa-list li {max-width:100%;} Corporate generalist licensed to practice law in Pennsylvania, New York and New Jersey. 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. NJ Labor Dept. 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 . Additionally, time-in/time-out records for minor employees were not maintained. ol{list-style-type: decimal;} Media Contact: Jennifer Sciortino. 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. 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. FOR IMMEDIATE RELEASE. 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. 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 . 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. 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 . The employer will then be sent a notice (Assessment Letter) with the findings and any fees or penalties which are due. Some penalties are statutory in nature and are not subject to negotiation. Are being paid properly justice to these workers findings and any fees or which. 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