US Department of Labor recovers $429K in wages, benefits for 12 employees underpaid by contractors on federally funded projects in New Jersey

NEW JERSEY - An administrative law judge has ordered three New Jersey-based contractors to pay $429,846 in back wages and fringe benefits to 12 workers employed on multiple federal construction projects, after an investigation and litigation by the U.S. Department of Labor.

The department's Wage and Hour Division found that Above All, Inc., formerly headquartered in Pequannock, violated the Davis-Bacon Actwhile working on new construction and renovation projects for the Department of Veterans Affairs Medical Centers in Lyons and East Orange. Elizabeth-based prime contractors Regiment Construction Corp. and Seawolf Construction Corp. subcontracted Above All to perform carpentry work on a total of three projects.

The division found that Above All paid its carpenters less than the required prevailing wage - which ranged from $59.08 to $68.23 per hour, depending on the project and timeframe - on multiple projects. Instead, investigators discovered that Above All paid workers an average of $32 per hour.

Following the investigation and litigation, the department's Office of Administrative Law Judges issued a decision and order finding Above All in violation of the Davis-Bacon Act for paying workers less than the required prevailing wage. In addition, the judge found Above All intentionally falsified records to hide underpayments. The decision and order found that, in addition to Above All, prime contractors Regiment and Seawolf are also liable for full payment of back wages and fringe benefits owed to workers on their respective projects as a result of Above All's Davis-Bacon Act violations.

"Employers who fail to pay required prevailing wages and fringe benefits cause financial harm to workers on government-funded projects," said Wage and Hour Division District Director Paula Ruffin in Mountainside, New Jersey.

"This decision and order should make clear that the U.S. Department of Labor will pursue all necessary legal actions to ensure that employers are held accountable when they violate federal prevailing wage laws," said Regional Solicitor of Labor Jeffrey S. Rogoff in New York.

Above All Inc., Regiment Construction Corp. and Seawolf Construction Corp.have filed petitions for review of the decision with the department's Administrative Review Board.

Learn more about the Wage and Hour Division and the Davis-Bacon and Related Acts, including a search tool to use if you think you may be owed back wages collected by the division. Workers and employers can call the division toll-free at 866-4US-WAGE (487-9243) with questions or requests for compliance assistance.

Download the agency's free Timesheet App for iOS and Android devices to ensure hours and pay are accurate.