liquidtite
Senior Member
- Location
- Ny
Growler you summed it up for me thank you.
Federal jobs
- Thread starter liquidtite
- Start date
- Status
growler
Senior Member
- Location
- Atlanta,GA
Glad I could help and I hope you get your money.
Guys like that not only try to screw their employees but make it hard for any contractor that is playing by the rules to bid a job against them.
liquidtite
Senior Member
- Location
- Ny
:happyno:
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Got tired of waiting for you to google it.
https://www.google.com/#q=wage+dispute+new+jersey+statute
Do I need to read for you also.
http://lwd.dol.state.nj.us/labor/wagehour/lawregs/selected_nj_state_labor_law.html
liquidtite
Senior Member
- Location
- Ny
Thanks do you think an attorney is a good route to take ?
If so do you think that his pay will be taken from whats owed to me or can it be billed to contractor
70 or 80 % of x is better than 100% of 0. (yes attorney). Depending on how long you were on the job, you could be talking substantial money.
I don't see in the statutes where the law allows for your attorney fee, penalties look pretty light also, payback at 100% and branding as a "disorderly person".
I do see where you have to file in writing to get on the docket, then your case gets investigated by the Commissioner.
34:11-59. Claim docketed; summons; service
An employee may file a written claim for wages against an employer in the wage collection division of the department which shall be entered in a book to be called the wage collection docket. Upon the filing of claim, the department shall issue a summons returnable between the hours of nine o'clock in the forenoon and three o'clock in the afternoon, both inclusive, which shall also specify a certain time and place for the appearance of the defendant, not less than five nor more than fifteen days from the date of such process, which summons shall be served at least five days before the time of appearance mentioned therein, by reading the same to the defendant and delivering to him a copy thereof if he shall be found and if not found by leaving a copy thereof in his house or with some other person of his family over the age of fourteen years. Such persons being served with summons and complaint shall be informed of the contents thereof and the person serving the summons shall indorse thereon a return of the time and manner he executed the same, and sign his name thereon. At the time and place specified in the summons, the commissioner shall inquire in a summary way into the merits of the employee's claim and defenses of the defendant, if any.
34:11-4.8. Dispute over amount of wages
a. In case of a dispute over the amount of wages, the employer shall pay, without condition and within the time set by this act, all wages, or parts thereof, conceded by him to be due, leaving to the employee all remedies to which he might otherwise be entitled, including those provided under this act, as to any balance claimed.
b. The acceptance by an employee of a payment under this section shall not constitute a release as to the balance of his claim and any release required by an employer as a condition to payment shall be in violation of this act and shall be null and void.
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34:11-4.9. Administration of act; hearings; investigations; actions for penalties
a. The commissioner shall enforce and administer the provisions of this act and the commissioner or his authorized representatives are empowered to investigate charges of violations of this act.
b. The commissioner or his authorized representatives are empowered to enter and inspect such places, question such employees and investigate such facts, conditions or matters as they may deem appropriate to determine whether any person has violated any provision of this act or any rule or regulation issued hereunder or which may aid in the enforcement of the provisions of this act.
c. The commissioner or his authorized representatives shall have power to administer oaths and examine witnesses under oath, issue subpoenas, compel the attendance of witnesses, and the production of papers, books, accounts, records, payrolls, documents, and testimony, and to take depositions and affidavits in any proceeding before the commissioner.
d. If a person fails to comply with any subpoena lawfully issued, or on the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, it shall be the duty of the Superior Court, on application by the commissioner, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.
e. The commissioner is authorized to supervise the payment of amounts due to employees pursuant to Article 1 of chapter 11 of Title 34 of the Revised Statutes, and the employer may be required to make these payments to the commissioner to be held in a special account in trust for the employees, and paid on order of the commissioner directly to the employee or employees affected. The employer shall also pay the commissioner an administrative fee equal to not less than 10% or more than 25% of any payment made to the commissioner pursuant to this section. The amount of the administrative fee shall be specified in a schedule of fees to be promulgated by rule or regulation of the commissioner in accordance with the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.). The fee shall be applied to enforcement and administration costs of the Division of Workplace Standards in the Department of Labor.
f. The commissioner or his designee is authorized to enter into a reciprocal agreement with the labor department or other corresponding agency of any other state or with a person or body authorized to act on behalf of that agency, for the collection of claims and judgments for wages, administrative fees or penalties based on claims arising in each others' states.
To the extent provided for by the laws of the other state or by any reciprocal agreement entered into with an agency of the other state as provided in this subsection, the commissioner or his designee may: (1) maintain actions in the courts of the other state for the collection of claims and judgments for wages, administrative fees and penalties; and (2) assign the claims and judgments to the agency in the other state for collection. Upon the written consent of the agency in the other state, or the person or body authorized to act on behalf of that agency, the commissioner or his designee may maintain actions in the courts of this State upon assigned claims and judgments for wages, administrative fees and penalties arising in the other state in the same manner and to the same extent that such actions by the commissioner or his designees are authorized when arising in this State, but only if the other state extends, by law or agreement, a like comity to cases arising in this State.
correct
job ending has nothing to do with money owed, there are probable statues of limitations (5 or 10 years)
fastest way to expedite a claim; go to the job site and file a complaint with the federal engineer in charge of job site, the feds will audit his books, but realize the contractor is going to be very upset because he could be banned from bidding federal work for quite awhile
...on a federal job that is prevailing wage, any private payment agreement is moot, the contractor knows he has to pay JW wages if an apprentice is not in an approved program.
Here ya go!
Claim you were discriminated against (terminated, reduced hours, increased overwork) when you asked about the pw.
Then the law allows back pay plus an equal amount in liquidated damages plus attorney fee (let the attorney make the discrimination claim).
34:11-56.8. Actions by or on behalf of employees; damages
If any employee, because of his or her employer's violation of the provisions of section two of this act, is discriminated against in the payment of wages, such employee may recover in a civil action the full amount of the salary or wages due from the employer plus an additional equal amount as liquidated damages, together with costs and such reasonable attorney's fees as may be allowed by the court, and any agreement between such employee and employer to work for less than such salary or wages shall be no defense to the action. At the request of any employee paid less than the wage to which she may be entitled under this act, the commissioner may take an assignment of such wage claim in trust for the assigning employee and may bring any legal action necessary to collect such claim, including the liquidated damages provided by this section without cost to the employee. The court in such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action. The commissioner shall not be required to pay the filing fee, or other costs, in connection with such action. The commissioner shall have power to join various claimants against the employer in one cause of action
Claim you were discriminated against (terminated, reduced hours, increased overwork) when you asked about the pw.
Then the law allows back pay plus an equal amount in liquidated damages plus attorney fee (let the attorney make the discrimination claim).
34:11-56.8. Actions by or on behalf of employees; damages
If any employee, because of his or her employer's violation of the provisions of section two of this act, is discriminated against in the payment of wages, such employee may recover in a civil action the full amount of the salary or wages due from the employer plus an additional equal amount as liquidated damages, together with costs and such reasonable attorney's fees as may be allowed by the court, and any agreement between such employee and employer to work for less than such salary or wages shall be no defense to the action. At the request of any employee paid less than the wage to which she may be entitled under this act, the commissioner may take an assignment of such wage claim in trust for the assigning employee and may bring any legal action necessary to collect such claim, including the liquidated damages provided by this section without cost to the employee. The court in such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action. The commissioner shall not be required to pay the filing fee, or other costs, in connection with such action. The commissioner shall have power to join various claimants against the employer in one cause of action
liquidtite
Senior Member
- Location
- Ny
Thanks I appreciate your time and knowledge,
im going to do what you suggested
liquidtite
Senior Member
- Location
- Ny
I never went to a apprentice program so I should've been paid jmans wage like it says on the dol website.so why is the dol looking into what was in the contract of the job.
is their a way the ec could've put a diff wage in a contract?
i thought pw was a set wage so how does the contract come into play ?
...a prevailing wage job IS a prevailing wage job, the contractor CAN NOT alter a pay scale, because it is predetermined before the bidding process to level the playing field for all contractors.
That's the whole point of prevailing wage jobs, all contractors MUST pay the workers the same amount of hourly pay. It rewards contractors who have the most efficient workforce.
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liquidtite
Senior Member
- Location
- Ny
So what does it mean when their investigating what was in the contract?
I spoke to a lawyer about the matter he said that the contractor is in violation
And I should have been paid jmans wage .
but he said in his opion a lawyer can't do any thing bc it was on a fed job
and that I would have to wait for the dol to handle matter.
Witch I dont get bc if I sue him for wages he owes me it would be a civil suit.
So I'm going to meet with a diff attorney on thur I appreciate everyone's knowledge and advise , if really helped me out its to bad some contractors try and cheat people out of money .
I spoke to a lawyer about the matter he said that the contractor is in violation
And I should have been paid jmans wage .
but he said in his opion a lawyer can't do any thing bc it was on a fed job
and that I would have to wait for the dol to handle matter.
Witch I dont get bc if I sue him for wages he owes me it would be a civil suit.
So I'm going to meet with a diff attorney on thur I appreciate everyone's knowledge and advise , if really helped me out its to bad some contractors try and cheat people out of money .
The laws I quoted say it's an administrative process conducted by the Labor Commissioner, that's not a civil suit. I believe you may be entitled to a civil suit if you feel the administrative process failed, as a second step or appeal process. You would be required to go through the first step, which is a hearing with the DOL Commissioner.
Lawyers appetite for work, specialties, and what they actually do varies a lot. Best bet would be someone who handles that type of work all the time, labor and employment. Make sure to ask about a discrimination claim with liquidated damages and attorney fee provided for.
On my first pass through the statutes, if you have a claim that is on the DOL Commissioner's docket, I believe the law said he was responsible for the investigation, pulling the company records. I recommend rereading that so you know what to expect from the process. Do not conduct this type of business with DOL verbally over the phone. Usual standard would be registered mail with returned receipt.
Lawyers appetite for work, specialties, and what they actually do varies a lot. Best bet would be someone who handles that type of work all the time, labor and employment. Make sure to ask about a discrimination claim with liquidated damages and attorney fee provided for.
On my first pass through the statutes, if you have a claim that is on the DOL Commissioner's docket, I believe the law said he was responsible for the investigation, pulling the company records. I recommend rereading that so you know what to expect from the process. Do not conduct this type of business with DOL verbally over the phone. Usual standard would be registered mail with returned receipt.
liquidtite
Senior Member
- Location
- Ny
Ok thank you for your time
liquidtite
Senior Member
- Location
- Ny
I wanted to try and contact the lady from the dol to see if their was any progress in my case.
I emailed her and asked if my complaint was on a docket ,her reply to me was I still was not able to find the contract for the locations where you were at. Do you know if the employer is still working under the contract at the locations where you worked? If not and the contract is closed then we will not be able to open an investigation of the employer
That dons't make sense to me you can file a complaint with in 3 years of job completion .
I don't understand why she's trying to see whats in the contract of the job I was working under for that's been her only concern since we spoken .
I'm Shure she could find other ways to see if the employer was in violation, hopefully I have better luck with the lawyer he already told me he's in violation but with see what happens ..
I emailed her and asked if my complaint was on a docket ,her reply to me was I still was not able to find the contract for the locations where you were at. Do you know if the employer is still working under the contract at the locations where you worked? If not and the contract is closed then we will not be able to open an investigation of the employer
That dons't make sense to me you can file a complaint with in 3 years of job completion .
I don't understand why she's trying to see whats in the contract of the job I was working under for that's been her only concern since we spoken .
I'm Shure she could find other ways to see if the employer was in violation, hopefully I have better luck with the lawyer he already told me he's in violation but with see what happens ..
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You're in NJ right?
Email her back and if she is close, hand deliver a signed printed copy.
Do not cut and paste.
Try to obtain a copy of the page in the spec book where the pw wages per trade are listed (visit the courthouse, jobsite, and try to talk to someone who is not a contractor, the engineer or PM for the government, try to get a copy of that page from his spec book).
Make an honest complaint in your own words. Do not try to make it sound better or worse than it actually is. Be dilligent and honest in your presentation.
...
Commissioner DOL;
As provided for in NJ statute 34:11-4.9., I, liqiudtite, make this complaint that during the time of my employment, from to, employed by Ripem and Run Electric Co, employed as an electrician at x Federal Courthouse for the purpose of electrical work installation, my complaint is that it is my understanding that this work is bound by a prevailing wage statute and contract for which I was not paid the contractual and statutory prevailing wage. I complain that I have a prevailing wage dispute with my employer for which my employer has been unresponsive and discriminatory as I pursued information regarding my correct wage, as provided for in the contract and statute this job proceeded under.
As an act of discrimination for pursuing my correct wage under the law, I was demoted, terminated, subjected to reduced hours and pay, subjected to a hostile and unprofessional workplace, which I object to.
I ask the DOL Commissioner to place my complaint on the docket as the law provides for, investigate the employer for failing to pay the prevailing wage set in the contract and required by statute, and proceed as the law provides in resolution of this wage dispute and claim of discriminatory action for my pursuit of my wages.
signed: liquidtite dated: today
... something like that ... and use an attorney if you can find one.
34:11-4.9. Administration of act; hearings; investigations; actions for penalties
a. The commissioner shall enforce and administer the provisions of this act and the commissioner or his authorized representatives are empowered to investigate charges of violations of this act.
b. The commissioner or his authorized representatives are empowered to enter and inspect such places, question such employees and investigate such facts, conditions or matters as they may deem appropriate to determine whether any person has violated any provision of this act or any rule or regulation issued hereunder or which may aid in the enforcement of the provisions of this act.
c. The commissioner or his authorized representatives shall have power to administer oaths and examine witnesses under oath, issue subpoenas, compel the attendance of witnesses, and the production of papers, books, accounts, records, payrolls, documents, and testimony, and to take depositions and affidavits in any proceeding before the commissioner.
d. If a person fails to comply with any subpoena lawfully issued, or on the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, it shall be the duty of the Superior Court, on application by the commissioner, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.
e. The commissioner is authorized to supervise the payment of amounts due to employees pursuant to Article 1 of chapter 11 of Title 34 of the Revised Statutes, and the employer may be required to make these payments to the commissioner to be held in a special account in trust for the employees, and paid on order of the commissioner directly to the employee or employees affected. The employer shall also pay the commissioner an administrative fee equal to not less than 10% or more than 25% of any payment made to the commissioner pursuant to this section. The amount of the administrative fee shall be specified in a schedule of fees to be promulgated by rule or regulation of the commissioner in accordance with the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.). The fee shall be applied to enforcement and administration costs of the Division of Workplace Standards in the Department of Labor.
f. The commissioner or his designee is authorized to enter into a reciprocal agreement with the labor department or other corresponding agency of any other state or with a person or body authorized to act on behalf of that agency, for the collection of claims and judgments for wages, administrative fees or penalties based on claims arising in each others' states.
To the extent provided for by the laws of the other state or by any reciprocal agreement entered into with an agency of the other state as provided in this subsection, the commissioner or his designee may: (1) maintain actions in the courts of the other state for the collection of claims and judgments for wages, administrative fees and penalties; and (2) assign the claims and judgments to the agency in the other state for collection. Upon the written consent of the agency in the other state, or the person or body authorized to act on behalf of that agency, the commissioner or his designee may maintain actions in the courts of this State upon assigned claims and judgments for wages, administrative fees and penalties arising in the other state in the same manner and to the same extent that such actions by the commissioner or his designees are authorized when arising in this State, but only if the other state extends, by law or agreement, a like comity to cases arising in this State.
Email her back and if she is close, hand deliver a signed printed copy.
Do not cut and paste.
Try to obtain a copy of the page in the spec book where the pw wages per trade are listed (visit the courthouse, jobsite, and try to talk to someone who is not a contractor, the engineer or PM for the government, try to get a copy of that page from his spec book).
Make an honest complaint in your own words. Do not try to make it sound better or worse than it actually is. Be dilligent and honest in your presentation.
...
Commissioner DOL;
As provided for in NJ statute 34:11-4.9., I, liqiudtite, make this complaint that during the time of my employment, from to, employed by Ripem and Run Electric Co, employed as an electrician at x Federal Courthouse for the purpose of electrical work installation, my complaint is that it is my understanding that this work is bound by a prevailing wage statute and contract for which I was not paid the contractual and statutory prevailing wage. I complain that I have a prevailing wage dispute with my employer for which my employer has been unresponsive and discriminatory as I pursued information regarding my correct wage, as provided for in the contract and statute this job proceeded under.
As an act of discrimination for pursuing my correct wage under the law, I was demoted, terminated, subjected to reduced hours and pay, subjected to a hostile and unprofessional workplace, which I object to.
I ask the DOL Commissioner to place my complaint on the docket as the law provides for, investigate the employer for failing to pay the prevailing wage set in the contract and required by statute, and proceed as the law provides in resolution of this wage dispute and claim of discriminatory action for my pursuit of my wages.
signed: liquidtite dated: today
... something like that ... and use an attorney if you can find one.
34:11-4.9. Administration of act; hearings; investigations; actions for penalties
a. The commissioner shall enforce and administer the provisions of this act and the commissioner or his authorized representatives are empowered to investigate charges of violations of this act.
b. The commissioner or his authorized representatives are empowered to enter and inspect such places, question such employees and investigate such facts, conditions or matters as they may deem appropriate to determine whether any person has violated any provision of this act or any rule or regulation issued hereunder or which may aid in the enforcement of the provisions of this act.
c. The commissioner or his authorized representatives shall have power to administer oaths and examine witnesses under oath, issue subpoenas, compel the attendance of witnesses, and the production of papers, books, accounts, records, payrolls, documents, and testimony, and to take depositions and affidavits in any proceeding before the commissioner.
d. If a person fails to comply with any subpoena lawfully issued, or on the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, it shall be the duty of the Superior Court, on application by the commissioner, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.
e. The commissioner is authorized to supervise the payment of amounts due to employees pursuant to Article 1 of chapter 11 of Title 34 of the Revised Statutes, and the employer may be required to make these payments to the commissioner to be held in a special account in trust for the employees, and paid on order of the commissioner directly to the employee or employees affected. The employer shall also pay the commissioner an administrative fee equal to not less than 10% or more than 25% of any payment made to the commissioner pursuant to this section. The amount of the administrative fee shall be specified in a schedule of fees to be promulgated by rule or regulation of the commissioner in accordance with the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.). The fee shall be applied to enforcement and administration costs of the Division of Workplace Standards in the Department of Labor.
f. The commissioner or his designee is authorized to enter into a reciprocal agreement with the labor department or other corresponding agency of any other state or with a person or body authorized to act on behalf of that agency, for the collection of claims and judgments for wages, administrative fees or penalties based on claims arising in each others' states.
To the extent provided for by the laws of the other state or by any reciprocal agreement entered into with an agency of the other state as provided in this subsection, the commissioner or his designee may: (1) maintain actions in the courts of the other state for the collection of claims and judgments for wages, administrative fees and penalties; and (2) assign the claims and judgments to the agency in the other state for collection. Upon the written consent of the agency in the other state, or the person or body authorized to act on behalf of that agency, the commissioner or his designee may maintain actions in the courts of this State upon assigned claims and judgments for wages, administrative fees and penalties arising in the other state in the same manner and to the same extent that such actions by the commissioner or his designees are authorized when arising in this State, but only if the other state extends, by law or agreement, a like comity to cases arising in this State.
gadfly56
Senior Member
- Location
- New Jersey
- Occupation
- Professional Engineer, Fire & Life Safety
Super advice, if it weren't for the fact that this is a FEDERAL job we're talking about. He'll have to go to the US Dept of Labor for relief.
liquidtite
Senior Member
- Location
- Ny
The jobs I was on were federal jobs in NYC
petersonra
Senior Member
- Location
- Northern illinois
- Occupation
- engineer
I hope you get some peace on this issue.
It has to be frustrating to have something that at first glance seems like it ought to be straightforward be so tough to deal with.
It has to be frustrating to have something that at first glance seems like it ought to be straightforward be so tough to deal with.
I don't know. My guess would be that the federal statute and contract sets the wage, but payment of the wage or failure to do so would be enforceable under the state statutes and state administrative processes. Of course, an inquiry to the Federal US Dept of Labor for clarification would be necessary and advised.
However there may be a complication as the violation would be governed by the laws in the state where the violation occurred. If the contractor's place of business, office, is in NJ, it may be a NJ violation. The work took place in NY but the payment violation took place in NJ. If the contractor is a NY contractor, NY law would apply.
Using a lawyer is advised.
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