Official Site of The State of New Jersey

The WALL is a list on NJDOL’s website of businesses that have been found in violation of New Jersey State wage, benefit and tax laws and have outstanding liabilities to NJDOL under a final order/judgment. The law establishing the WALL, N.J.S.A. 34:1A-1.16 (P.L. 2019 c. 366), was signed on January 21, 2020 and regulations at N.J.A.C. 12:8-1.1 et seq.

Under the law (N.J.S.A. 34:1A-1.16(a)), any “person” in violation of State wage, benefit and tax laws, and with outstanding liabilities to NJDOL, may be named on the WALL. The law defines “person” as “any natural person, company corporate officer or principal, firm, association, corporation, contractor, subcontractor or other entity engaged in contracting.” Since the WALL mainly applies to businesses or enterprises engaged in contracting, this FAQ refers to any “business” or “businesses” throughout for ease of understanding. The range of businesses who might be subject to the WALL is quite wide, including large corporate entities and their officers and principals as well as closely held businesses and sole proprietors.

Businesses named on the WALL are prohibited from engaging in any public contracting with the State, including any State agencies, counties, local government bodies, or other subdivisions of the State.

State wage, benefit, and tax laws protect workers, are enforced by NJDOL, and are listed in N.J.S.A. 345:1A-1.11. They include the New Jersey Wage Payment Law (N.J.S.A. 34:11-4.1 et seq.), the New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.), the New Jersey Wage and Hour Law (N.J.S.A. 34:11-56a et seq.), the Workers’ Compensation Law (N.J.S.A. 34:15-1 et seq.), the Unemployment Compensation Law (N.J.S.A. 34:43:21-1 et seq.), the Temporary Disability Benefits Law (N.J.S.A. 43:21-25 et al.), the Family Temporary Disability Leave Act (N.J.S.A. 43:21-39.1 et al.), the New Jersey Gross Income Tax Act (N.J.S.A. 54A:1-1 et seq.), and the Earned Sick Leave Law (N.J.S.A. 34:11D-1 et seq.). These laws protect workers across various industries in the State of New Jersey, including from wage theft and worker misclassification, and apply to businesses who contract with public bodies at the State, county, and local levels.

NJDOL can levy assessments against a business that fails to meet its obligations under these laws, including interest and penalties. If a business does not pay or successfully challenge these assessments, a final order or judgment may be issued and any outstanding liabilities become due for collection by the State.

NJDOL can post to the WALL the name of any business found in violation of any State wage, benefit, and tax law and who has outstanding liabilities for that violation under a final order/judgment by NJDOL. In deciding to place a business on the WALL, NJDOL considers the following nine (9) factors, set forth by law (N.J.S.A. 34:1A-1.16(g)):

1. Record of previous violations;
2. Previous placement on the WALL;
3. Frequency of violations by the business discovered in previous or pending cases;
4. Significance or scale of the violations;
5. Failure to pay;
6. Failure to cooperate or respond to a request to produce records, forms, documents, or proof of payments;
7. Submission of falsified or altered records, forms, documents, or proof of payment;
8. Failure to provide goods or services; and
9. Failure to comply with contract specifications.

NJDOL will issue a Notice of Intent (short for “Notice of Intent to Post Name on the Workplace Accountability in Labor List”) informing a business that NJDOL will post their business name on the WALL 15 business days from the date at the top of the Notice. The Notice identifies the final order/judgment that remains outstanding and informs the business of their options to avoid being listed on the WALL. Some of these options include how to pay outstanding liabilities or request a hearing. Finally, the Notice of Intent informs the business that they will be prohibited from public contracting and denied any financial assistance from the State if its liability is not resolved. NJDOL is required under N.J.S.A. 34:1A-1.16(e) to issue the Notice of Intent before any business’s name can be posted on the WALL.

The WALL will available on the NJDOL website at nj.gov/labor/wall starting in September 2023 (viewable as a web page or downloadable as an Excel file).

The WALL is updated at least monthly, no later than the 5^th day of each month, to ensure all listed names and data are current. A business’s name will be removed from the WALL within 15 days after NJDOL determines they have paid any outstanding liabilities in full or made all payments due under an agreed-upon payment plan and settlement agreement.

Businesses can avoid being placed on the WALL by complying with New Jersey State wage, benefit, and tax laws. If a business receives a final order from NJDOL they should immediately pay ALL liabilities owed to bring themselves into compliance with the law. By taking their legal obligations to the State and their workers seriously, businesses can avoid being placed on the WALL and any interference with their eligibility to engage in public contracting.

Businesses that cannot pay their outstanding liabilities in full within 20 days of receiving the Notice will have their name posted on the WALL until full payment is made. Once all outstanding liabilities are satisfied, the Department will remove the business’s name from the WALL and issue a Notice of Removal, stating that their right to engage in public contracting is restored. (But click here for other reasons why a business may continue to be ineligible to engage in public contracting.)

Businesses are entitled to due process prior to having their name posted on the WALL, consistent with the “Administrative Procedure Act,” P.L. 1968, c. 410 (C:52:14B-1 et seq.). To challenge the decision, businesses may request a hearing in writing within 20 days of receiving a Notice of Intent from NJDOL. To do so, a business may e-mail  requesting a hearing, including in the subject line the NJDOL Docket Number listed on the Notice and the words “Hearing Request.” Alternatively, businesses may request a hearing by mail by writing to:

Peter A. Basso, Director
Office of Strategic Enforcement and Compliance (OSEC)
1 John Fitch Way, 4^th Floor
P.O. Box 110
Trenton, New Jersey 08625

OSEC will connect the business to the appropriate division within NJDOL for an informal settlement conference in an effort to resolve the matter, and NJDOL will not post the business’s name on the WALL while a timely appeal is pending.

At the informal settlement conference, a business will have the opportunity to meet with NJDOL to present any evidence that the business was incorrectly selected to be placed on the WALL. Representatives from relevant NJDOL program areas may also attend. At the conference, NJDOL can consider (a) whether the contesting business is the proper party named in the Notice of Intent; (b) whether there is a final order or judgment against the business; (c) whether the business can provide proof that they already paid the State monies owed under that final order or judgment; and/or (d) whether the Department properly considered any of the relevant factors (1) thru (9), set forth by law in N.J.S.A. 34:1A-1.16(g), which may be material to decisions whether to post the business on the WALL. Evidence that can be considered at an informal settlement conference will mainly consist of documents and witness testimony. 

The WALL informal hearing is not an opportunity for the business to reopen and relitigate violations found against them. NJDOL will not consider any evidence from the business that the case giving rise to the outstanding liability was wrongly decided or that a final order or judgment against the business was in error. NJDOL will not reconsider the amount of any preexisting assessment, such as the wages, penalties, or interest owed to the State and workers. For example, if a business’s placement on the WALL is based on a judgment owed for unpaid unemployment insurance contributions because the business improperly misclassified workers as independent contractors, the business may not challenge the underlying finding of worker misclassification or the amount of wages, contributions, or penalties owed. That case has been finalized and the business was given previous opportunities to challenge NJDOL’s findings under the “Administrative Procedure Act,” P.L. 1968, c. 410 (C:52:14B-1 et seq.).

In addition, the business may not use the informal settlement conference as an opportunity to contest a judgment docketed against it. If the business believes a judgment was docketed in error, the only recourse the business has is to challenge that judgment in whichever court has jurisdiction (e.g., the Superior Court of New Jersey in the county where the business is located). NJDOL will not delay posting of the business’s name to the WALL while they challenge a judgment in court. However, if the business is successful in having the judgment vacated, they should inform NJDOL of the court’s decision as that may be grounds for having the business’s name removed from the WALL and their right to engage in public contracting may be restored.

If a business cannot resolve their case at an informal settlement conference with NJDOL, the decision to have their name placed on the WALL will be transmitted to the New Jersey Office of Administrative Law (OAL) for a hearing before an Administrative Law Judge (ALJ). It can take several months for a hearing date and NJDOL will not place the business’s name on the WALL while the appeal is pending. The hearing before the ALJ will be limited to the same topics as those permitted at the informal settlement conference and will be based on the same types of evidence. Information about OAL practices and procedures can be found at https://www.nj.gov/oal/hearings/guide/.

If a business believes they are not the business named in the Notice of Intent or if the business has records showing payment in full was made to NJDOL, the business should request a hearing in writing within 20 days of receiving a Notice of Intent (click here to learn how to request a hearing). Any evidence that NJDOL has named the improper party in the WALL Notice or that full payment was made will be considered.

Yes. NJDOL is required to mail a Notice of Intent 15 business days before posting a business’s name to the WALL with a return receipt requested. NJDOL sends Notices to the business address, or registered agent address, on file with the State Department of Treasury. If a business does not receive a Notice, it could be that the business’s registration is out of date, which may be the case if they recently moved, they changed registered agents, or they did not file their most recent annual report with Treasury to keep their business in good standing.

The Notice of Intent identifies the docket number of the case(s) NJDOL considered in deciding to post a business’s name on the WALL. Copies of any final orders/judgments, as well as the related assessments, arising from these cases will be included with the Notice. If a business wishes to contest the decision to post their name on the WALL, they must request a hearing in writing within 20 days of receiving a Notice of Intent from NJDOL (click here to learn how to request a hearing). When NJDOL contacts the business to arrange an informal settlement conference, the business can inquire about the final orders/judgments. However, these cases are now closed, and the business is not entitled to reopen them.

There are situations where businesses might believe they have resolved their cases with NJDOL only to find their name posted on the WALL. In these instances, it is possible that the business had more than one open case before NJDOL and resolved one, but not the other(s). For example, a business might have resolved a case with the Division of Wage & Hour and Contract Compliance for monies owed to workers, but it also has a separate case before the Division of Employer Accounts for unpaid unemployment tax contributions that remains open. It is also possible that the business originally contacted NJDOL about their case or entered into a payment plan and settlement agreement but did not make all payments due. If a business wishes to contest the decision to post their name on the WALL, they must request a hearing in writing within 20 days of receiving a Notice of Intent from the Department (click here to learn how to request a hearing). Any evidence that payment in full was made to NJDOL will be considered.  

No. Only businesses who respond to NJDOL within 20 days of receiving a Notice of Intent have a right to a hearing to contest their cases under N.J.S.A. 34:1A-1.16(f). If a request for hearing is not received within 20 days of receiving a Notice of Intent, NJDOL will proceed with posting the business’s name on the WALL. The business may contact NJDOL at WALLNotices@dol.nj.gov to discuss how to resolve their case and have their name removed from the WALL by paying any outstanding liability in full. NJDOL may also be willing to enter into a payment plan and settlement agreement with the business to satisfy the liability. The business’s name would be removed from the WALL after all payments have been made under the settlement agreement.

To resolve a case, NJDOL may be willing to enter into a payment plan and settlement agreement to allow a business to pay their liabilities over a reasonable time frame. NJDOL will work with businesses and discuss what options are available to resolve their cases. To explore this option, businesses should email the Department at WALLNotices@dol.nj.gov. Please include the name of the business and phone number for an appropriate contact person at the business and a representative will reach out as soon as possible.

No. Entering into a payment plan and settlement agreement will put a business on the road toward resolving their outstanding liabilities and move them forward in closing their case; however, a business’s name will not be removed from the WALL until all payments have been made under the payment plan and settlement agreement. Once the business’s outstanding liability has been paid in its entirety, they will be entitled to have their name removed from the WALL and their right to engage in public contracting will be restored. (Click here for other reasons why a business may continue to be ineligible to engage in public contracting.)

Once NJDOL has determined that a business has paid all outstanding liabilities owed to NJDOL, their name will be removed from the WALL within 15 days and the business will receive a written Notice of Removal informing them that they have fulfilled their obligations with respect to the WALL and that they are eligible to resume public contracting. (Click here for other reasons why a business may continue to be ineligible to engage in public contracting.)

Yes. Receiving a Notice of Removal means that a business has paid all outstanding liabilities to NJDOL and that their name has been removed from the WALL, and that being posted on the WALL is no longer impeding the business from public contracting. However, there may be other reasons why a business remains ineligible for public contracting. For example, a business may be debarred for a period of time under the New Jersey Prevailing Wage Act or under the laws enforced by another State agency. It is also possible the business’s registration or license is not in good standing due to expiration, revocation, or suspension. Businesses will need to contact the relevant State agency(ies) to resolve those issues.

The WALL and debarment lists both prohibit businesses from engaging in public contracting but they are distinct. Businesses posted on the WALL have outstanding liabilities for violations of State wage, benefit, and tax law under a final order or judgment. In essence, these businesses owe money to NJDOL that must be paid in full before their names will be removed from the WALL. Businesses that are debarred under the New Jersey Prevailing Wage Act have been found in violation of the Prevailing Wage Act, which is only one of many laws listed as State wage, benefit, and tax laws, and are debarred for a period of three years regardless­ of whether money is also owed.

It is possible for a business to be placed on both the WALL and debarment list. In some cases, a business may have their name removed from the WALL after paying all monies due in full, but they will remain debarred until the debarment period ends. Conversely, even when a period of debarment ends, a business can still be prohibited from public contracting because their name remains on the WALL, signifying that they still owe money to NJDOL.

The Office of Strategic Enforcement and Compliance (OSEC) is an NJDOL office created by statute in 2021 to oversee and coordinate strategic enforcement of State wage, benefit, and tax laws across NJDOL Divisions, and between NJDOL and other State agencies and entities. OSEC is responsible for maintaining the WALL and coordinating with Divisions within NJDOL to post the names of businesses on the WALL consistent with N.J.S.A. 34:1A-1.16.