NJ Tells Newark, West Caldwell Companies To Halt Work At School

ESSEX COUNTY, NJ — State officials have halted work on a school construction project in Middlesex County that involves companies in Newark and West Caldwell, authorities announced Wednesday.

The New Jersey Department of Labor and Workforce Development (NJDOL) said it issued stop-work orders to general contractor Bismark Construction Corp. of Newark and subcontractor Concrete Solutions N.J. L.L.C. of West Caldwell, who were working on a construction job at John Faber School in Dunellen.

According to a statement from the NJDOL:

“Investigators from NJDOL’s Division of Wage and Hour and Contract Compliance conducted a site inspection on September 28, and delivered the stop-work notices on September 29 to the two contractors working at 400 High Street. Bismark Construction Corp. was cited for hiring an unregistered subcontractor, while Concrete Solutions N.J. L.L.C. was cited for failure to register. Subpoenas have been issued to both companies to produce time and payroll records.”

“In recent years, NJDOL has identified an alarming trend of unregistered contractors and worker exploitation at school construction projects,” said Joseph Petrecca, assistant commissioner of the Division of Wage and Hour and Contract Compliance.

“We’re working closely with our partners in education at the state and local levels to ensure they are informed of their obligations under the law – not only to protect workers from being taken advantage of, but also to safeguard upstanding employers from being edged out by unfair competition at workers’ expense,” Petrecca said.

According to state officials, the NJDOL – along with its partners at the New Jersey Department of Community Affairs’ Division of Local Government Services and the New Jersey Department of Education – sent a letter reminding local governments and boards of education of their responsibilities under the New Jersey Prevailing Wage Act, which requires the payment of minimum rates of pay to laborers, craftsmen, and apprentices employed on public works projects.

Construction contractors performing public work must also participate in a USDOL Registered Apprenticeship program, ensuring that taxpayer dollars are also investing in New Jersey’s future workforce.

State officials added:

“In May 2019, Governor Murphy signed into law legislation giving the NJDOL the power to immediately halt work at any public or private work site – both construction and non-construction sites – when an initial investigation finds evidence that the employer has violated any state wage, benefit, or tax laws. An employer may appeal stop-work order, in which case the NJDOL has seven days to schedule a hearing. The NJDOL continues to monitor locations where stop-work orders have been issued, and can assess civil penalties of $5,000 per day against an employer conducting business in violation of the order. The stop-work order may be lifted if and when any remaining back wages and penalties have been paid and all related issues have been resolved.”

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