NJDOL Recovers $30,000 in Back Pay After Investigation Finds Employer Misclassified Workers
FOR IMMEDIATE RELEASE
June 27, 2019
TRENTON–The New Jersey Department of Labor and Workforce Development's (NJDOL) Division of Wage and Hour Compliance reclaimed $30,832.37 in back wages for workers at C&N Interiors, LLC. of Boyertown, Pa., after an investigation found the employees were misclassified by their employer as independent contractors and had not been paid the legally required rate for overtime worked.
On a private construction project in Livingston, it was determined that three workers who should have been classified as employees were misclassified as subcontractors, and were not properly paid for overtime. On a public project at the Roebling Lofts in Trenton – which is subject to the New Jersey Prevailing Wage Act – 13 workers agreed to sign independent contractor agreements, despite being fully employed by C&N Interiors, with none having an established independent business. All the employees were listed on the company payroll.
"Just because a company chooses to use a 1099 form doesn’t excuse that employer from having to follow the law," said Labor Commissioner Robert Asaro-Angelo. "Our state is a better place to live and work when the field is level, all employers play by the same set of rules, and workers are paid every dollar they earn."
C&N Interiors, LLC was cited for failure to pay prevailing wage, failure to maintain accurate records, unpaid wages, and improper classification of construction workers. The employer conceded the findings of the investigation and agreed to pay the wages due to employees, as well as an additional $12,967.83 in administrative fees and penalties. The unregistered contractor was also debarred.
"Wage theft and worker misclassification will not be tolerated in our state, so we encourage all businesses to see that it is in their best interest to fully comply with our labor laws," said Joseph Petrecca, assistant commissioner of the Division of Wage and Hour Compliance.
For more information on New Jersey’s wage and hour laws, please visit myworkrights.nj.gov.