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. 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. After this discussion, if the employer still disagrees, he or she may be scheduled for a conference with a Section Chief. ACC GREATER PHILLY Currently serving as President-Elect and on the Board of Directors. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} 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. 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. 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 Department was represented in this matter by the Office of the Attorney Generals Affirmative Civil Rights and Labor Section within the Division of Laws Affirmative Civil Enforcement Practice Group, including Eve Weissman, Mary Kenah, Shireen Farahani, John-Paul Proctor, and former DAGs Peter Basso and Micauri Vargas, under the supervision of Assistant Attorney General Mayur Saxena, drafted, served, and collected records from 55 subpoenas issued by the Department of Labor. 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. 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. Get Support. If the claim is referred to the Wage Collection section, the employer will be notified of the date, time, and location of the hearing. 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. 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. 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. Google Translate is an online service for which the user pays nothing to obtain a purported language translation. the staff of the Ridgewood blog. NJ A large part of building wealth is homeownership, & the LAD prohibits race-based discrimination in housing. The Labor Department encourages you to report potential fraud by calling (609) 777-4304, by faxing (609) 292-5593, or online. This sweep truly was a group effort, and I want to thank all the agencies involved for bringing justice to these workers. -Read Full Disclaimer. Such violations can be prevented if employers know and understand their legal. The judgment also bars the Hills from serving as fiduciaries of any ERISA-covered employee benefit plans in the future. Visit our online portal to file a complaint online. 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. Online and phone support. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} 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. The Labor Relations Administrator will receive the incident reports and conduct the investigations. FOR IMMEDIATE RELEASE. I am excited to announce I have joined the Alliance of Women in Workers' Compensation as an Ambassador. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} EBSAs Philadelphia Regional Office conducted the investigation. 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. The link provided has been removed by NJ Department of Labor . 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 . This page features up-to-date information on the laws, rules, public notices, and Final Administrative Decisions of the Commissioner. 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. A to Z. If an employer also owes a fee, the fee will be a percentage of the wages that are due. .manual-search ul.usa-list li {max-width:100%;} The Labor Prosecutions Unit is responsible for investigating and prosecuting individuals involved in committing fraud against the New Jersey Department of Labor. We will continue to make sure workers especially young workers who may not yet understand their work rights are being paid properly.. NJDOL, Treasury Raid Worksite In First Joint-Enforcement Action to Combat Worker Misclassification. Department of Labor & Workforce Development, Governor Phil Murphy Lt. Governor Sheila Oliver, Department of Labor and Workforce Development. OI conducts approximately 1,200 investigations annually, in accordance with identified time frames. Such violations can be prevented if employers know and understand their legal requirements. 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. Oct 2022 - Present6 months. Department of Labor & Workforce Development, Governor Phil Murphy Lt. 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. For Immediate Release:August 10, 2021. : 12, 16 Congress established the agency under the Occupational Safety and Health Act OSH Act, which President Richard M. Nixon signed into law on December 29, 1970. Get .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} 50 West State St. 14th Floor P.O. 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. You are an employee working in New Jersey in a construction-related public works project subject to the NJ . OI investigation data is also a critical component of the DHS Risk Management System. Through this review, individual and systemic issues and concerns may be identified. The Consumer Financial Protection Bureau ( CFPB) is an agency of the United States government responsible for consumer protection in the financial sector. Services A to Z, Consumers & Clients 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. August 10, 2021. -Read Full Disclaimer. -Read Full Disclaimer, "My benefits are ending. NJ Labor Dept. (609) 789-8647. #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;} Wherecan I learn aboutthe new Earned Sick law? 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. The . .usa-footer .grid-container {padding-left: 30px!important;} .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. This important information is subsequently communicated to appropriate internal or external stakeholders and documented to further promote the health, safety and well-being of individuals served. 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. This investigation found 76 employees to be owed $94,114 in unpaid overtime wages. . Governor Phil Murphy Lt. The investigation led to the departments recovery of $263,289 in back wages for 46 employees. The site is secure. Governor Phil Murphy Lt. 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. Google Translate is an online service for which the user pays nothing to obtain a purported language translation. Involved with DHS! While . 200 Constitution AveNW .manual-search ul.usa-list li {max-width:100%;} 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 . -Read Full Disclaimer. Trenton, NJ 08625-0045 *Effective May 27, 2014, the DHS Special Response Unit and the Office of Investigations merged to become the DHS Office of Investigations. reports. 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. 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. 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. FOR IMMEDIATE RELEASE. I look forward to working with this wonderful group of 30: 6D - 76 et seq. A federal court ordered a New Jersey company and its co-managers to pay $712,000 in back wages and damages after a Department of Labor investigation found it had deliberately denied overtime pay. They also did not pay CWHSSA-required overtime compensation to three employees, while one employee did not receive FLSA-required overtime wages. At the completion of the inspection, the investigator will advise the employer of any violations and back wages which are due. 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. Full . Let us know anonymously if you suspect someone is unlawfully claiming benefits. The employer will then be sent a notice (Assessment Letter) with the findings and any fees or penalties which are due. The phone number and extension go to a mailbox that is 1. 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. Investigations handled by the Labor Unit include Unemployment and Disability Insurance frauds. Get help finding your next job and learn about the laws that protect you. Before sharing sensitive information, make sure youre on a federal government site. 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. .h1 {font-family:'Merriweather';font-weight:700;} 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. If you are unable to find a report, please email us or visit our FOIA page to request a report through the FOIA process. 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. There is a typo in the very first sentence of the form. -Read Full Disclaimer. September 15, 2021. 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. 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. Civil money penalties may be assessed for child . 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. - SCI Statute: Powers and Responsibilities, 50 West State St. 14th Floor #block-googletagmanagerheader .field { padding-bottom:0 !important; } 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. p.usa-alert__text {margin-bottom:0!important;} Audit and Other Reports. The site is secure. .usa-footer .container {max-width:1440px!important;} In addition, the NJDOL discovered that two of the six affected workers were misclassified as independent contractors, after analysis under the states ABC test. 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. You may search for a report by utilizing one of the available search options, or . Each employer has to be treated individually, and there is no "one size fits all" penalty schedule. See links to assistance with food, housing, child care, health, and more. In the event of a violent incident, a minimum of three (3) members from this group will assemble, direct the Department response, and ensure that an incident report is filed with the Civil Service Commission. 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. 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. OSHA and the U.S. department of Labor is conducting an investigation after a workplace accident that resulted in death Friday morning, February 14. 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. Comments. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} 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. 4 Comments. 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. 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 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. A total of 146 employees were found to be owed $197,150 in unpaid overtime. 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. #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;} 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. The fees are paid directly to the State to offset the costs of the investigations. InterArch Inc. is an international design firm specializing in architecture, interiors, and branding. Staff, Disaster & Emergency 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. Services The misclassification of workers is illegal and damages the quality of life for the affected employees and their families. In exchange for the guilty plea, the U.S. District Court for the District of New Jersey . The health, safety and well-being of individuals served is our priority; Recognized best practices are incorporated into all aspects of the investigative process; Investigative findings are fact-based, fair and balanced and meet the needs of our internal and external stakeholders; The investigative process is rooted in integrity, transparency and accountability; We are flexible and adaptable to meet needs and changing environments; We strive for mutually open, respectful communication and cooperation to promote common understanding; We inspire excellence through teamwork and training; We strive to continually improve the quality of our processes through self-review, data and analysis. 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 Contracts, Legal Notices, Licensing, MedComms. Plan fiduciaries must ensure they comply with ERISAs provisions to protect workers retirement income. Choosing a career or changing careers? Google Translate is an online service for which the user pays nothing to obtain a purported language translation. 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. 11 Feb. [CDATA[/* >