Wage Complaint for Non-Payment of Prevailing Wage Rate: Mandatory Overtime in a Health Care Facility Complaint: Mail or fax your completed complaint form to: Governor Phil Murphy Lt. Learn about our identity verification process. 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. "We're committed to using all available tools, including criminal prosecutions, to protect our workers and the integrity of our public contracts . 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. 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. I look forward to working with this wonderful group of 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. Usually, the investigator will want to see the employers records for at least 24 months prior to the inspection. Pursuant to N.J.S.A. Wherecan I learn aboutthe new Earned Sick law? >EMPLOYMENT LAW<br . 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. 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. (609) 789-8647. 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. I look forward to working with this wonderful group of 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. Governor Phil Murphy Lt. .manual-search ul.usa-list li {max-width:100%;} 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. EBSAs Philadelphia Regional Office conducted the investigation. In lieu of litigation, the Department may seek back wages, liquidated damages, and civil money penalties, if applicable, through settlements with employers. -Read Full Disclaimer. Google Translate is an online service for which the user pays nothing to obtain a purported language translation. As a result of the investigation, nearly all the affected workers have received the back wages to which they were entitled. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} 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. Online and phone support. NJDOL is using an identity verification tool to reduce fraud and expedite legitimate claims. While . 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. 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. This page features up-to-date information on the laws, rules, public notices, and Final Administrative Decisions of the Commissioner. 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. Get @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Where can I find informative posters for employers? Similarly, the Stone Harbor Beach Patrol compensated lifeguards for hours worked, but were not including an overtime pay rate. .manual-search-block #edit-actions--2 {order:2;} 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. us po box18A:30-3.5 Payment for accumulated sick leave by board of education. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} 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. Department of Labor & Workforce Development, Governor Phil Murphy Lt. This sweep truly was a group effort, and I want to thank all the agencies involved for bringing justice to these 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. 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 #block-googletagmanagerheader .field { padding-bottom:0 !important; } The judgment also bars the Hills from serving as fiduciaries of any ERISA-covered employee benefit plans in the future. These conferences are normally held by telephone to minimize the impact on the employers business operations. OI is comprised of a Director, three (3) Regional Chiefs, (10) Regional Supervisors, forty (40) Investigators and two (2) Support Staff. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. .usa-footer .grid-container {padding-left: 30px!important;} 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. 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. After this discussion, if the employer still disagrees, he or she may be scheduled for a conference with a Section Chief. This button displays the currently selected search type. 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. 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. Your identity and other personally identifiable information are protected from disclosure to your employer and others, with limited exceptions. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. 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 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 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. NJDOL has been ramping up its worker protection and safety enforcement. Effective January 1, 2023, the New Jersey minimum wage is $14.13 per hour for most workers. The wages may represent unpaid hours of work, unpaid overtime hours, or payment of less than prevailing wage. .cd-main-content p, blockquote {margin-bottom:1em;} ol{list-style-type: decimal;} p.usa-alert__text {margin-bottom:0!important;} Registration and Permits. In our State, the median net wealth for white households is $352,000, but just $6,100 for Black households & $7,300 for Latinx households. p.usa-alert__text {margin-bottom:0!important;} 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. 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. ", Worker misclassification and wage theft can do irreparable harm to New Jersey families. 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. Google Translate is an online service for which the user pays nothing to obtain a purported language translation. Oct 2022 - Present6 months. 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. Neither you nor anyone else will be able to check on the status of an anonymous complaint. Department of Labor, claimants can file an initial PUA claim for 30 days after the program ends. 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 . *Effective May 27, 2014, the DHS Special Response Unit and the Office of Investigations merged to become the DHS Office of Investigations. Access reports, information and data tools related to New Jerseys economy and key industry sectors. 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. 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. File a Wage Complaint. 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. The Labor Relations Administrator will receive the incident reports and conduct the investigations. Each employer has to be treated individually, and there is no "one size fits all" penalty schedule. NJDOL agents also found that Men of Steel was not a registered New Jersey Public Works Contractor. 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. -Read Full Disclaimer. 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 .gov means its official. The Consumer Financial Protection Bureau ( CFPB) is an agency of the United States government responsible for consumer protection in the financial sector. NJDOL will continue to pursue collection of the assessed back wages and penalties as cases settle. Governor Sheila Oliver. 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. CFPB's jurisdiction includes banks, credit unions, securities firms, payday lenders, mortgage-servicing operations, foreclosure relief services, debt collectors, and other financial companies . Permanent Members ol{list-style-type: decimal;} 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. 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. Preponderance of the evidence means that based on evidence and information gathered through the investigation, an allegation or incident is more likely true than not. Google Translate is an online service for which the user pays nothing to obtain a purported language translation. The Labor Department encourages you to report potential fraud by calling (609) 777-4304, by faxing (609) 292-5593, or online. Prevailing Wage Rates. When expanded it provides a list of search options that will switch the search inputs to match the current selection. The link provided has been removed by NJ Department of Labor . (TRENTON) - A team of more than 60 investigators from the New Jersey Department of Labor and Workforce Development (NJDOL) and the Department of the . Box 045 Trenton, NJ 08625-0045 Tel (609) 292-6767 Fax (609) 633-7366 Statement, DHS Staff, Disaster & Emergency Links to assistance with food, housing, child care, health, and more. Additionally, seven minors were working without proper documentation, and their hours were not being documented. Where can I look for a job in New Jersey? A proposed settlement was reached in the private class action lawsuit, which alleged similar ERISA violations as the departments complaint. I am excited to announce I have joined the Alliance of Women in Workers' Compensation as an Ambassador. InterArch Inc. is an international design firm specializing in architecture, interiors, and branding. The phone number and extension go to a mailbox that is 1. Unemployment insurance gives financial support to people who lose their jobs through no fault of their own. 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. Call us at (973) 890-0004 or fill out the contact form on this page to schedule a . 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. Trenton NJ, after an NJ.com investigation found that state government agencies aren't answering the phone when people call for . This investigation found 76 employees to be owed $94,114 in unpaid overtime wages. Full . We are grateful for the collaboration with our sister agencies on this joint investigation. Resources, Commissioner & Key Urges Employers, Workers to Remain Vigilant Against Attempted Fraud $1.2B in Bogus Payments Thwarted During Pandemic . Services 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. 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. 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. Additionally, time-in/time-out records for minor employees were not maintained. 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.. OI investigation data is also a critical component of the DHS Risk Management System. NJ Every developmentally disabled person shall have adequate protection from abuse and a wholesome environment in which to live.. Just 35 miles south, Borough of Avalon lifeguards were paid a straight hourly rate for all hours worked, regardless of whether the workweek exceeded 40 hours thus denying 125 employees $116,161 in overtime. Audit and Other Reports. 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. */. BEACH HAVEN, NJ - After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Cramark Inc. - doing business as The Chicken or The Egg restaurant in Beach Haven, New Jersey - will pay $768,548 in back wages, liquidated damages, and penalties for violating the Fair Labor Standards Act (FLSA) and the labor provisions of the H-2B temporary visa program. The employer will then be sent a notice (Assessment Letter) with the findings and any fees or penalties which are due. 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. 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. EBSA is committed to ensuring the integrity of employee benefit programs and holding those who violate the law accountable.. Nearly all reports issued by the OIG since FY 2001 and selected reports issued before then are posted on this web page. 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. .manual-search ul.usa-list li {max-width:100%;} 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 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. Grand Street Construction, LLC of Jersey City, was the owner/ general contractor on the project. They also did not pay CWHSSA-required overtime compensation to three employees, while one employee did not receive FLSA-required overtime wages. 200 Constitution AveNW 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. 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. 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