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Nearly $16M in wages, benefits recovered for more than 2,800 workers denied full pay by 62 subcontractors on federal project at New Jersey military base

Agency: Wage and Hour Division
Date: January 29, 2024
Release Number: 23-2598-NAT

A widespread investigation by the U.S. Department of Labor has recovered nearly $16 million in back wages and restored over 24,700 paid sick leave hours to leave banks for more than 2,800 workers denied their full wages and benefits by 62 subcontractors hired to construct temporary housing and provide services to Afghan refugees at Joint Base McGuire-Dix-Lakehurst in New Jersey.

After 75 investigations that included Jupiter, Florida-based Disaster Management Group LLC, one of the project’s general contractors, and 61 subcontractors, the department’s Wage and Hour Division found DMG and its subcontractors violated federal law, including the McNamara-O’Hara Service Contract Act, the Davis-Bacon Act, the Contract Work Hours and Safety Standards Act, the Fair Labor Standards Act and Executive Order 13706, by failing to:

Pay minimum prevailing wage rates to workers.
Pay fringe benefits.
Pay proper overtime.
Offer required paid sick leave under Executive Order 13706.
Properly classify workers as employees in their appropriate trades according to the work they performed.
Maintain required records, including segregating any benefits that may have been paid from wages.
Provide required notices to workers informing them of their rights under federal law.

The division found DMG liable for its own violations of federal law as well as for violations committed by its subcontractors for work performed at Joint Base McGuire-Dix-Lakehurst. Managed by the Department of Defense, the project involved contractors from 17 states and Puerto Rico tasked with building temporary housing and coordinating delivery of medical, food and translation services as part of Operation Allies Refuge and Operation Allies Welcome to resettle Afghan refugees. The project began in July 2021 and was completed in February 2022.

In addition to paying the back wages and fringe benefits, DMG signed an enhanced compliance agreement with the department that requires it to develop and follow strategies to prevent, detect and resolve potential non-compliance by, among other things:

Creating a written prevailing wage compliance manual to include employees’ federal protections.
Vetting potential subcontractors’ ability to perform work in compliance with prevailing wage laws.
Monitoring itself and its subcontractors proactively by periodically conducting confidential employee interviews, reviewing basic and certified records, analyzing the use of classifications related to the work performed, verifying fringe benefit payments and maintaining a list of all employees of all subcontractors on any covered contracts.
Requiring subcontractors to certify compliance on all prevailing wage projects.
Verifying that the agency has incorporated the correct labor clauses and wage determinations.

“Every worker deserves to be paid the full wages to which they are entitled, and this compliance agreement, which recovers millions in wages for hundreds of workers, should serve as notice to other government contractors that the department will utilize its full power to enforce vigorously federal wage laws,” said Solicitor of Labor Seema Nanda.

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Evidence of Worker Exploitation Stops Work at 110 Job Sites

New Jersey Department of Labor & Workforce Development
FOR IMMEDIATE RELEASE
July 11, 2023

TRENTON – In the four years since Governor Murphy expanded the New Jersey Department of Labor and Workforce Development’s (NJDOL) powers in 2019 to halt work on job sites when there is strong evidence of worker exploitation, over 110 stop-work orders have been issued and more than $2.7 million in back wages owed to affected workers, liquidated damages, and penalties have been assessed.

In 2021, Governor Murphy further boosted these powers, permitting stop-work orders to be applied to all work sites of an employer found to be in violation of the law.

“Since the beginning of our Administration, we have been dedicated to respecting, defending, and upholding the rights of all New Jersey workers, who are the lifeblood of our economy,” said Governor Murphy. “These expanded powers have led to over a hundred stop-work orders in just the past few years, advancing our commitment to stronger and fairer worker protections.”

“Having the authority to shut down work as soon as wrongdoing is identified has exponentially strengthened the department’s effectiveness at enforcing our state’s wage and hour laws and protecting workers and law-abiding employers,” said Labor Commissioner Robert Asaro-Angelo. “We’ve made it clear: If we find you are cheating workers, we will halt your business operations, and in many cases, you will be told to leave the job by the general contractor or contracting authority.”

“A vast majority of New Jersey employers follow the law and do right by their workers, but NJDOL wants to ensure all businesses are following the law and treating workers fairly,” Asaro-Angelo added. “It’s not just about stopping the violations in progress. There is also an educational component to prevent these issues from happening in the first place.”

NJDOL’s Division of Wage and Hour and Contract Compliance has the authority to immediately halt work at any public or private worksite – both construction and non-construction – when an investigation finds evidence an employer has violated state wage, benefit or tax laws. Examples include: misclassifying employees as independent contractors; not having appropriate workers’ compensation insurance; failing to pay prevailing wage or overtime; or paying workers partially, late, or off the books.

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Shapiro, Murphy announce partnership for labor law enforcement

April 17, 2023

PHILADELPHIA – New Jersey Gov. Phil Murphy and Pennsylvania Gov. Josh Shapiro last week visited the International Union of Painters and Allied Trades (IUPAT) District Council 21 training facility in Philadelphia to tour the innovative center and announce their intention to form an interstate task force to address wage theft and worker misclassification in the two states.

The interstate task force will work to better foster the collaborative enforcement of each state’s labor laws, which include robust worker protections, while enabling healthy business competition between good actors.

New Jersey and Pennsylvania entered a regional memorandum of understanding agreement in 2019 to facilitate data sharing, joint investigations and cooperative referrals. Thursday’s commitment to a continued partnership between the two states bolsters those efforts and demonstrates Shapiro’s and Murphy’s ongoing focus on worker protections.

Earlier in the day, the governors directed Rob Asaro-Angelo, commissioner of the New Jersey Department of Labor and Workforce Development, and Nancy Walker, acting secretary of the Pennsylvania Department of Labor & Industry (L&I), to ensure a continued partnership between the states, highlight specific opportunities the departments should pursue, and request the identification of key individuals within each agency to serve on the interstate task force.

“Cooperative efforts with our partners in Pennsylvania are crucial to bringing fairness to workers and businesses in our region,” said Asaro-Angelo. “This teamwork among states ensures consistent enforcement, and dissuades bad actors from exploiting workers on both sides of the Delaware River.”

“Worker misclassification is not a phenomenon that exists only in the construction industry or in large metropolitan areas. Law-abiding contractors are losing out on bids across the commonwealth, and workers in virtually every sector are losing out on rights and protections they’ve earned as an employee. Workers represented by unions are protected from misclassification, but too many workers are vulnerable to the exploitative actions of bad actors,” L&I Acting Secretary Nancy Walker said. “I look forward to continued collaboration with our partners in New Jersey to hold accountable those employers who think they can get away with cheating the system.”

In response to growing misclassification problems in New Jersey, Murphy issued Executive Order No. 25 on May 3, 2018, establishing an interagency misclassification task force to “promote fairness, fight against discrimination, and work to end unfair labor practices… that create an unfair advantage over companies that play by the rules and hurt our working families.” New Jersey has since been considered the “gold standard” for addressing worker misclassification. Similarly, the Pennsylvania Joint Task Force on Misclassification of Employees, created by Act 85 of 2020, made 15 recommendations to improve data sharing, strengthen compliance laws, and increase interagency collaboration, all of which are furthered by Thursday’s action.

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‘Stop Work Order’ Signs Posted On Controversial Building Trades High School Construction Site

By MARK J. BONAMO AND TOM WIEDMANN
Published – September 8, 2022

NEWARK, NJ — State Department of Labor and Workforce Development officials have posted “Stop-Work Order” signs on the construction site of the new Newark High School of Architecture & Interior Design.

Work at the site appeared to come to a halt Thursday, except for some cleanup work activity. DOL officials said that stop-work orders were issued to the general contractor and subcontractor performing work at 155 Jefferson St., and to the developer of the property, slated to be the site of the district’s Newark High School of Architecture & Design.

Investigators from the DOL’s Division of Wage and Hour and Contract Compliance delivered the stop-work notices to a New York-based general contractor Townhouse Builders Inc., subcontractor Dimension Contractors LLC of Newark, and developer Summit Assets.

In addition, officials said the stop-work orders were issued for workers on-site not being paid the state prevailing wage rate, neither the developer – which had workers at the site – nor the subcontractor is registered to perform public work in New Jersey. Summit Assets was also cited for misclassifying workers as independent contractors. Townhouse Builders was cited for employing non-registered contractors on a prevailing wage job site.

“Our strongest enforcement tool is to stop work immediately on a public construction site when workplace violations are egregious and readily apparent,” said Labor Commissioner Robert Asaro-Angelo. “Performing public work is a privilege, not a right, and we will not tolerate abuses to workers or the law.” …

TAPinto Newark first reported that Laborers Eastern Region Organizing Fund, or LEROF—the organizing arm of Laborers’ International Union of North America (LIUNA)—filed a complaint with the state Department of Labor and Workforce Development regarding the project, alleging laborers are not being paid prevailing wages as required by law and were working in unsafe conditions.

LEROF Director David Johnson commended the DOL’s decision to issue the stop-work orders.

“We were appalled by what happened [at the site],” Johnson told TAPinto Newark. “We are a union, and we are about educating non-union laborers about their rights. We’re very pleased that after these workers were brought before the Department of Labor to give testimony. It seemed like today, the DOL believed what the workers said, and they acted today.”

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NJDOL Uses Expanded Powers to Stop Worker Exploitation at Job Sites

August 17, 2022

NJDOL Uses Expanded Powers to Stop Worker Exploitation at Job Sites
Authority Extended Three Years Ago Helps Curtail Wage, Benefits Violations & Misclassification

TRENTON – In the three years since Governor Murphy signed a law expanding NJDOL’s powers to stop work on a job site when there is strong evidence workers are being exploited, the department has issued 71 stop-work orders, through which agents found nearly $1 million in back wages owed to 235 workers.

The law gave NJDOL’s Division of Wage and Hour and Contract Compliance the power to immediately halt work at any public or private work site – both construction and non-construction sites – when an initial investigation finds evidence that the employer has violated any state wage, benefit or tax laws.

“With the authority to issue stop-work orders as soon as we identify a violation, the NJDOL gained the ability to shut down a job when it finds workers are being exploited,” said Labor Commissioner Robert Asaro-Angelo. “The legislation signed by Governor Murphy in the Summer of 2019 has given NJDOL a powerful enforcement tool to uphold its mission of protecting our workforce, strengthening our businesses, and promoting the dignity of work.”

The most common violations leading to stop-work orders are: employers not having workers’ compensation insurance or misclassifying employees as independent contractors. Other examples include employers who fail to pay prevailing wage or overtime; those who have outstanding judgements against them; or those whose workers were not paid, were paid late or were shorted, or were paid in cash off the books. Often, these unscrupulous employers have not made their required contributions to the state unemployment trust fund, from which unemployment payments are drawn.

Prior to the law’s enactment, the NJDOL had little recourse to stop or prevent violators from shirking these policies. Work stoppages were rarely utilized because they could be applied only in cases when an employer amassed a history of violations. This made stopping out-of-state violators doing work in New Jersey particularly difficult, as they often left the state before the department could enforce state regulations.

Stop-work orders have been used to shut down work sites of all types, such as construction jobs, restaurants, an internet radio station, and medical offices. Typically, stop-work orders are resolved in a matter of a few days, and are often resolved on the spot when the order is delivered to a business – as was the case in August 2021 when the NJDOL issued stop-work orders to four separate businesses for wage violations, with each business paying the back wages owed to their workers immediately to avoid closure.

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Murphy Administration Provides Guidance to Public Entities on Recent Changes to Prevailing Wage Laws

Department of Labor & Workforce Development
June 21, 2022

TRENTON – With the summer construction season upon us, the Murphy Administration is reminding local governments and school boards of their role in protecting workers and expanding skilled apprenticeship programs, and their obligations under the New Jersey Prevailing Wage Act.

The New Jersey Department of Labor and Workforce Development (NJDOL) and its partners at the New Jersey Department of Community Affairs’ Division of Local Government Services (DLGS), and the New Jersey Department of Education (DOE), recently sent a letter reminding local governments and boards of education of their responsibilities under the New Jersey Prevailing Wage Act.

The New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.) establishes a prevailing wage for workers engaged in public work to safeguard workers and employers alike from unfair competition due to detrimental wage levels. The act requires the payment of minimum rates of pay to laborers, craftsmen, and apprentices employed on public works projects. Covered workers must receive the appropriate craft prevailing wage rate as determined by the Commissioner of Labor and Workforce Development.

“We have a responsibility to safeguard our workers and protect employers paying fair compensation and developing our workforce from being undercut by unfair competition,” said Labor Commissioner Robert Asaro-Angelo. “Our most important partners are the public bodies themselves who must also follow the law. Public contracting is a privilege, not a right, and it comes with certain responsibilities to other employers and our whole workforce.”

“Building a stronger and fairer New Jersey means ensuring that every hardworking individual in New Jersey receives the wages they should be earning in accordance with the law,” said Lt. Governor Sheila Oliver, who serves as Commissioner of the Department of Community Affairs. “This letter serves as a reminder to employers that wage theft and unfair competition will not be tolerated in New Jersey.”

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Acting AG Bruck: New Jersey Supports Adoption of Stronger Federal Protections against Worker Misclassification

For Immediate Release: February 10, 2022
Office of The Attorney General
Andrew J. Bruck, Acting Attorney General

TRENTON – Acting Attorney General Andrew J. Bruck announced today that New Jersey is co-leading a multistate effort to support the adoption by the National Labor Relations Board (NLRB) of stronger protections for workers whose employers would misclassify them as independent contractors — a designation that can deprive workers of wages earned, core workplace benefits and the ability to organize.

In an amicus brief filed with the NLRB today, New Jersey urges the Board to adopt a more worker-protective standard for determining whether a worker is an employee protected by federal labor laws safeguarding the right to organize and collectively bargain, or, in the alternative, an independent contractor not covered by such legal protections.

Acting Attorney General Bruck is co-leading today’s multi-state amicus brief to the NLRB along with Pennsylvania Attorney General Josh Shapiro. A total of 14 other Attorneys General have signed onto the brief, which describes misclassification as a burgeoning problem that harms both workers and states, and asserts that “this is not the time to weaken protections” against the employer tactic.

“Here in New Jersey, we care about workers’ rights,” said Acting Attorney General Bruck. “Workers who are misclassified as independent contractors end up suffering a whole host of disadvantages – including substandard wages, denial of workplace safety protections, denial of employment benefits they rightfully deserve and, crucially, the right to fight for improved working conditions by organizing and collectively bargaining.”

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New Jersey DOL cites, fines Katerra sub for wage violations (NJ)

AUTHOR: Kim Slowey
PUBLISHED: Feb.18, 2020

Dive Brief:

  • The New Jersey Department of Labor & Workforce Development (NJDOL) has issued a stop-work order to subcontractor REB Construction and Maintenance LLC for failure to take the proper deductions from its employees’ pay and for not keeping the required payroll records related to work performed on a project in Jersey City, New Jersey. The department also fined REB $19,250. …
  • The authority that the NJDOL has to stop work on a construction project when significant pay, benefits or other workers’ rights violations are documented is part of new legislation based on the July 2019 recommendations of New Jersey Gov. Phil Murphy’s task force on employee missclassification.

Dive Insight:

Stop-work orders (A5838): The NJDOL can force an employer to stop work if it determines that the employer violated state wage, benefit or tax laws.

(Read More)

New Jersey DOL cites, fines Katerra sub for wage violations (NJ)

AUTHOR: Kim Slowey
PUBLISHED: Feb. 18, 2020

Dive Brief:

  • The New Jersey Department of Labor & Workforce Development (NJDOL) has issued a stop-work order to subcontractor REB Construction and Maintenance LLC for failure to take the proper deductions from its employees’ pay and for not keeping the required payroll records related to work performed on a project in Jersey City, New Jersey. The department also fined REB $19,250. …
  • The authority that the NJDOL has to stop work on a construction project when significant pay, benefits or other workers’ rights violations are documented is part of new legislation based on the July 2019 recommendations of New Jersey Gov. Phil Murphy’s task force on employee missclassification.

Dive Insight:

Stop-work orders (A5838): The NJDOL can force an employer to stop work if it determines that the employer violated state wage, benefit or tax laws.

(Read More)

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Making NJ Affordable Shouldn’t Mean Cutting Wages For Skilled Tradesmen (NJ)

By Guest Contributor | December 9, 2019

A recent poll showed 44 percent of the people are planning on leaving New Jersey- soon. The reason is costs. It’s a damn expensive place to live. Gov. Murphy is accepting of the fact that New Jersey taxes are high (and likely to go higher) so either get used to it or move. Republican State Sen. Mike Doherty has recently chimed in with his ideas on creating affordability and his approach isn’t much better than the governor’s. The senator wants to punish hard working tradesmen and blame them for New Jersey’s affordability crisis.

Doherty has sponsored a bill (S-175) that will allegedly deal with bringing down the cost of transportation infrastructure construction. But Doherty has already betrayed the real reason for the legislation – it is his published opinion that that New Jersey’s prevailing wage laws are the culprit in the state’s high costs and that the state would be better off if it paid building tradesmen a lot less. Baloney.

Skilled tradesmen built the infrastructure upon which the state’s economy rests. It is their hard work that allow people like Sen. Doherty to reap the economic benefit of the tradesmen’s hard work. Nevertheless, Sen. Doherty, an attorney, is reviving a shopworn attack on the state’s prevailing wage law. (The prevailing wage is the union wage scale for skilled trades workers in publicly financed projects.) There are many things that make New Jersey unaffordable, but the prevailing wage law isn’t one of them.

New Jersey ranks at or near the bottom in every measurable economic index from property taxes, to debt, to business environment. Despite the obvious need to cut unnecessary spending, borrowing and regulation, Sen. Doherty, blames skilled labor for the state’s high cost of living. He finds trade unionists making $68 an-hour for public projects untenable. But that wage (of which $40 is actual salary and the rest is benefits, pension and training costs) is a pittance compared to what those in Doherty’s profession take from taxpayers.

A large share of public infrastructure costs is paid long before the jobs are even started. The money is paid to lawyers, bond counsel and other professionals used to execute the borrowing to finance the projects. The professional class also exacts healthy fees from taxpayers to conduct the consulting work on the actual projects once the money is in hand. These professionals enjoy generous six figure consulting fees are they are paid at every level of government and at dozens of obscure agencies and authorities, such as county improvement authorities.

For example, last year the Passaic County Freeholders funded construction of a new public works building and bonded $17 million through the county improvement authority. The fees paid to lawyers and other financial consultants to borrow that money was $241,000! Over in Bergen County, the improvement authority there paid out more than $431,000 in professional fees for six of its last 10 financings – topping out at $674,000 for one refinancing package! State government pays similar sky-high fees to professionals just to borrow money.

The fees paid to execute borrowing are not competitively bid nor are they publicly reported. Similarly, legal, and other professional work commissioned by governments for construction projects are not subject to the state’s bidding laws.

If Sen. Doherty truly wanted to reduce costs for public works project, he would sponsor legislation mandating competitive bidding and transparency for professional fees; but I doubt he or any other legislator is willing to do that. For Doherty to complain about the high cost of living in New Jersey and then turn a blind eye toward the lucrative dark-money industry of professional fees is at best hypocritical. Don’t those fees contribute to the state’s affordability problem?

Good paying jobs in New Jersey are disappearing as corporations move to less expensive states. Manufacturing jobs have been pushed out for decades; replaced by low wage service jobs. And with the growing internet economy, even low wage retail jobs are disappearing. The only jobs that New Jersey seems to entice lately are low-wage warehouse jobs.

The prevailing wage money paid to union tradesmen are among the few good-paying jobs that still exist in this state. The prevailing wage law makes certain that those who are charged with updating our electrical, water and transportation infrastructure are capable of sustaining themselves and their families. The wages earned by tradesmen helps support the local economy and ensures that contractors hire skilled, knowledgeable workers trained in their craft and in safety precautions. If Sen. Doherty had his way, state contractors could hire unskilled labor or illegal immigrants and pay them whatever they pleased. From an attorney’s perspective that may seem okay, but it is not fair to working people or good for our economy.

To create an affordable New Jersey, our elected officials need to summon the courage to cut unnecessary spending and the discipline to set spending priorities and stick to them – and not place the burden of cost cutting on hardworking trades people.

BY CHRISTIAN BARRANCO

Christian Barranco is a journeyman member of IBEW Local 102 and presently works as a project manager and supervisor on many large, critical energy and industrial infrastructure projects in New Jersey. He is also the founder of Square Deal for NJ, an organization founded to encourage ideas to address New Jersey’s many problems.

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