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. 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. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} 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. 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. If the claim is assigned to a field investigator, the investigator will contact the employer to make an appointment to inspect the employers records. NJDOL has been ramping up its worker protection and safety enforcement. 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. 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. Trenton, NJ 08625-0058. 30:6D-17 stipulates: The Department shall ensure that every developmentally disabled person in a community residential facility receives adequate medical and dental care, a nutritionally adequate diet, a full daily program of structured activities, and those other services which are necessary to maximize the developmental potential of the developmentally disabled person in a manner least restrictive of personal liberty. 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 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. The site is secure. EBSA is committed to ensuring the integrity of employee benefit programs and holding those who violate the law accountable. OI investigation data is also a critical component of the DHS Risk Management System. 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. 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 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. 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. 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. Us, Privacy 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. Federal government websites often end in .gov or .mil. Claiming benefits online is easy, fast and secure. Working with our sister agencies, were holding employers accountable to our states wage, benefits and tax laws. 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 new law requires employers to equip housekeeping and other staff with panic devices when they work in a guest room without any other employees present. 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. This article was updated on September 12, 2019.On August 6, 2019, New Jersey enacted its Wage Theft Law, transforming the state's wage and hour laws into one of the most robust in the country. 30: 6D - 76 et seq. The Labor Department encourages you to report potential fraud by calling (609) 777-4304, by faxing (609) 292-5593, or online. 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 . In addition, the NJDOL discovered that two of the six affected workers were misclassified as independent contractors, after analysis under the states ABC test. 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 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. To review the laws enforced by the Division, click here. 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. 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 . 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. Governor Sheila Oliver, Department of Labor and Workforce Development, NJDOL Cites PA Subcontractor for Wage Violations on NJ Public Works Project. NJ Labor Dept. 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. 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 Task Force is charged with annually producing a report of its findings. Services CFPB's jurisdiction includes banks, credit unions, securities firms, payday lenders, mortgage-servicing operations, foreclosure relief services, debt collectors, and other financial companies . .h1 {font-family:'Merriweather';font-weight:700;} 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. 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. the staff of the Ridgewood blog. 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. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} 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 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. /*-->*/. I am excited to announce I have joined the Alliance of Women in Workers' Compensation as an Ambassador. The .gov means its official. 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. -Read Full Disclaimer, "My benefits are ending. Effective January 1, 2023, the New Jersey minimum wage is $14.13 per hour for most workers. They also did not pay CWHSSA-required overtime compensation to three employees, while one employee did not receive FLSA-required overtime wages. They can pursue any amount over $50,000 through regular legal processes. 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. If the claim is referred to the Wage Collection section, the employer will be notified of the date, time, and location of the hearing. A proposed settlement was reached in the private class action lawsuit, which alleged similar ERISA violations as the departments complaint. I'm not filling anything out that's asking for my social security number and raising that many red flags . 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. File a Wage Complaint. "New Jersey's lifeguards put their lives on the line for the . 200 Constitution AveNW Tools and Resources. The employer will then be sent a notice (Assessment Letter) with the findings and any fees or penalties which are due. Such violations can be prevented if employers know and understand their legal. Following EBSAs investigation, the departments Office of the Solicitor in New York. Department of Labor and Workforce Development. 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. Google Translate is an online service for which the user pays nothing to obtain a purported language translation. 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. 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. There is a typo in the very first sentence of the form. NJDOL will continue to pursue collection of the assessed back wages and penalties as cases settle. These conferences are normally held by telephone to minimize the impact on the employers business operations. 50 West State St. 14th Floor P.O. 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