NJDOL Issues Stop-Work Order to N.C. Subcontractor For  Worker Misclassification

TRENTON – The New Jersey Department of Labor and Workforce Development (NJDOL) has issued a stop-work order to Maya’s Concrete L.L.C., headquartered in Charlotte, N.C., who was performing work at a warehouse under construction in Freehold.

Investigators from the NJDOL’s Division of Wage and Hour and Contract Compliance conducted a site inspection on August 1, during which time five employees stated in interviews that they were being paid without tax deductions. The ABC Test was applied to determine the proper classification of the workers, and, based on the results, the five workers were found to be employees of Maya’s Concrete, not independent contractors. The order was issued on August 4.

Maya’s Concrete was cited for failure to properly classify employees and for improper classification of construction workers.

The company was hired to the warehouse construction job by Carol Concrete of Lakeland, Fla. The general contractor for the Freehold project is Arco Design Build of King of Prussia, Pa.

Stop-work orders are initiated by NJDOL to halt work being performed in a manner that exploits workers, or is otherwise noncompliant with state laws and regulations, such as state wage, benefit or tax law.

For more information on the NJDOL’s Division of Wage and Hour and Contract Compliance, please visit: www.nj.gov/labor/wageandhour/.