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Did you know there is a public listing of employers who were found liable for wage violations and still have outstanding obligations regarding the violations? Current law requires that employers found liable for unpaid wages, pursuant to a final judgment or order under the New Jersey Wage and Hour Law, the New Jersey Wage Payment Law or the New Jersey Wage Collection Law, including for retaliation for exercising rights under any of these statutes, are to be published in a publicly available list referred to as the WALL unless the liabilities are satisfied. The New Jersey Department of Labor ("NJDOL") publishes this list on its website, listing the names of the employers. Effectively, any person or company in violation of New Jersey wage, benefit and tax laws, with outstanding liabilities to the NJDOL, may be included on the WALL. Any business listed on the WALL is prohibited from engaging in any public contracting with the State of New Jersey, including any State agencies, counties, local government bodies, or other subdivisions of the State.
What Employers Need to Know About Outstanding Wage Judgments and the WALL
Companies and individuals will be advised 15 days in advance of the posting, by a Notice of Intent to Post Name on the Workplace Accountability in Labor List, that the NJDOL anticipates listing them on the WALL. The Notice will further refer to the final order or judgment that remains outstanding and will inform the company of their options to avoid being included on the WALL. To avoid being listed on the WALL, employers must satisfy their liabilities. If liabilities are not satisfied timely, the business name will be posted on the WALL until payment in full is satisfied, following which the NJDOL will remove the business's name from the WALL and issue a Notice of Removal, reflecting that the right to engage in public contracting is restored on this basis. To review the WALL, visit the NJDOL website.
With a recent commitment to ensure compliance therewith, the NJDOL and Administrative Office of the Courts are collaborating to ensure that judgments are reflected on the public list. Accordingly, it is important employers and companies understand how to comply with New Jersey laws concerning wages to avoid being placed on the WALL.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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