10 laborers getting $170K in back pay after state finds company short-changed them on construction job (NJ)

By: Kevin Shea, for NJ.com
August 9, 2019

Ten construction workers will split a $170,000 settlement with a company the state says underpaid them while working on a construction job at a Trenton senior living community.

The company, Tri County Real Estate Maintenance Co., of Carneys Point, is also paying $30,000 in administrative fees and penalties, the state Department of Labor and Workforce Development announced Friday.

The project at the Trent Center East and West apartments on Greenwood Avenue in Trenton received tax credit incentive funding, through the State Economic Redevelopment and Growth program, and was subject to New Jersey’s prevailing wage laws.

A state Labor Department investigation, sent to the agency by the U.S. Department of Labor, found Tri County underpaid the laborers.

In this case, laborers stated they were paid between $15 and $30 per hour, but the prevailing wage rate was $55.37 per hour for a laborer, the state said.

The state’s Prevailing Wage Act provides level wages for workers on public works projects – to protect workers and prevent unfair labor competition. The rates vary by county and trade, the state says.

“Public contracting is not a right – it is a privilege,” Labor Commissioner Robert Asaro-Angelo said in a statement. “We want all employers to know that our department takes the state’s prevailing wage laws seriously, and we will continue to investigate these matters to protect our taxpayers’ investments.”

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NJ Labor Department Returns $162K in Back Wages to Truck Drivers After Prevailing Wage Violation Investigation (NJ)

NJ Labor Department Returns $162K in Back Wages to Truck Drivers
After Prevailing Wage Violation Investigation

May 22, 2019, 3:01 pm

TRENTON – An investigation conducted by the NJ Department of Labor and Workforce Development’s (NJDOL) Division of Wage and Hour Compliance revealed that Richard E. Pierson Construction, Inc. of Woodstown failed to properly pay its truck drivers $162,912.53, in accordance with the Garden State’s prevailing wage laws.

The inquiry, sparked by a formal complaint to NJDOL, determined that 48 of the company’s drivers were properly paid by the employer only when the drivers were on public works job sites, but were not paid the state’s prevailing wage for the time hauling materials to and from those job sites, which is against the law.

“Public contracting is a privilege – not a right, and New Jersey workers deserve to take home every single penny they have earned,” said Labor Commissioner Robert Asaro-Angelo. “We want employers to know that we take the state’s prevailing wage laws seriously, and we will continue to investigate these matters to protect our taxpayers’ investments.”

Richard E. Pierson Construction, Inc. fully cooperated with the investigation and, once advised of the law, agreed to perform a self-audit, repay the due back wages to employees, and pay administrative fees and penalties in excess of $58,000.

The New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.) establishes a prevailing wage level for workers engaged in public works projects to safeguard their efficiency and general well-being, and to protect workers – as well as employers – from the effects of serious and unfair competition. In New Jersey, these rates vary by county and type of work performed.

For more information on New Jersey’s wage and hour laws, please visit myworkrights.nj.gov.

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