NJ Labor Department Issues First Stop Work Orders at Two NJ Construction Sites
Department Takes Action Against Employer Using Expanded Enforcement
Authorities Signed into Law by Gov. Murphy in July
As released by NJDOL.gov on September 17, 2019
TRENTON – The New Jersey Department of Labor and Workforce Development (NJDOL) issued work stoppage orders at two construction sites, managed by Three Sons Restoration, LLC. of Union, for wage violations – a first-of-its-kind action taken by the department after Governor Murphy expanded its enforcement authorities in July.
In accordance with N.J.S.A 34:20-7.1, NJDOL’s Division of Wage and Hour Compliance shut down the work sites, citing the employer for failing to pay the prevailing wage, unpaid and late wages, and failure to keep accurate certified payrolls.
“We have said time and time again that we take wage theft seriously,” said Assistant Commissioner Joseph Petrecca, Division of Wage and Hour Compliance. “With these new authorities given to us by Governor Murphy and the Legislature, this administration will continue to fight for our workers using all means necessary, especially when it comes to making sure our workers are being paid properly, and the playing field is level for our employers.”
In a coordinated sweep, and with assistance from local law enforcement, NJDOL investigators issued the notices at Maurice Hawk Elementary School in West Windsor, Bayonne Fire House, Engine 6 in Bayonne, and the company’s Union, New Jersey, headquarters on August 22, 2019.
A hearing was held on September 4, 2019, and a determination was issued requiring the Stop Work Order be lifted at the Bayonne location, but affirming the Stop Work Order issued for the work being performed by Three Sons Restoration at Maurice Hawk Elementary School. That decision has been appealed by Three Sons Restoration and the matter has been referred to the Office of Administrative Law for a formal hearing. The Stop Work Order for Maurice Hawk Elementary School remains in effect.
The new law also empowers the Commissioner to assess civil penalties of $5,000 per day against an employer for each day it conducts business in violation of a stop work order.
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