A construction workers union that has protested unfair labor practices in Hudson County scored a major victory when 181 workers on a Jersey City job site were awarded more than $402,000 in a settlement between the state Department of Labor and Workforce Development (DOL) and a Monmouth County company.
The settlement with Concrete Rising, of Eatontown, includes what the DOL describes as a “landmark” compliance agreement involving a timekeeping system on all projects and an independent integrity monitor for 12 months to ensure the contractor is meeting the requirements of the agreement.
A DOL investigation, initiated after complaints by the Laborers’ International Union of North America (LIUNA), found numerous violations affecting 181 workers performing construction work at The Wave, a residential apartment complex being built at 30 Park Lane North.
Concrete Rising has agreed to pay $402,397 to the affected workers and $127,739.73 in fees and penalties. The contractor also accepted a three-year debarment from participating in public work.
“I commend the (DOL) for holding Concrete Rising accountable for wage theft from immigrant workers in Jersey City,” said Mike Hellstrom, LIUNA Vice President and Eastern Region Business Manager. “Sadly, employers have gotten comfortable turning an illicit profit by exploiting disadvantaged workers.
“Through the enforcement of our state’s labor laws, NJDOL’s dedicated staff have sent a message to bad employers everywhere: that their exploitation will not be tolerated and that New Jersey will protect workers, regardless of their immigration status.”
The DOL investigation included a site inspection where several Concrete Rising workers were interviewed and indicated they were paid in cash without statutory deductions, had a fee taken from their pay, and were not being paid appropriate overtime.
“New Jersey’s wage and hour laws have been judiciously crafted to protect workers from unscrupulous practices and businesses from unfair competition. As a department, our job is not only to bring justice to workers who have been wronged, but also to educate employers on the law to bring them into compliance,” said DOL Commissioner Robert Asaro-Angelo. “I am pleased the agreement with Concrete Rising will ensure both present and future workers are provided with the respect and dignity they deserve.”
Under the compliance agreement, Concrete Rising will add a stipulation to their subcontractor agreements to allow Concrete Rising or the integrity monitor to audit the subcontractor’s records to assist with compliance.
A stop-work order was issued to Concrete Rising in April 2023 to halt work at 30 Park Lane North. Violations included failure to pay overtime, illegal deductions, improper classification of construction workers, failing to properly classify employees and unpaid wages/late payment.
“I want to thank the Department of Labor and LIUNA for helping me reclaim the wages stolen by my employers. My life has changed for the better.,” said Elmer Martinez Flores, a worker at the project site. “I now work as a union member earning good wages. Every worker should know that whatever your immigration status is, you have rights, and the Department of Labor will help you.”
Concrete Rising had hired subcontractor Signatura Laboris of Englewood, which was also issued a stop-work order. As such, Concrete Rising was jointly liable for the subcontractor’s violations.
