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New Jersey Prevailing Wage Update

 
Discover no-hassle ways to comply with New Jersey prevailing wage law.Many construction contractors and subcontractors do business with and/or receive funds from, public entities, thereby making these entities subject to the New Jersey Prevailing Wage Act. This is a complicated, almost arcane, law that has its roots in the union movement and, now, union wages and benefits. Employers have a difficult time complying with the statute, starting with whether they know/believe the job is a "public "project." They also face issues with assigning the correct craft to the work being performed, which might well be claimed by two or more unions.
Employers also are often beset with aggressive investigators from the Public Works Section of the NJDOL. Unions oftentimes file complaints with the agency, as the certified payrolls and other documents are public records sought out and scrutinized by (often) building trade unions. The differences in wage rates between private work and prevailing wage work (and within the world of prevailing wage, there are significant differences) make for dramatically huge assessments of alleged back due wages. Administrative penalties start at $2500 per offense and each week and/or each employee can be counted as a separate violation. It is, therefore, hugely consequential to know and understand the optimum method for withstanding an audit and coming out with a "reasonable" result. This topic helps persons responsible for administering and complying with prevailing wage regulations and requirements, and owners of contracting companies, to understand how to establish an overall policy/system for complying with the law and for responding to an audit and/or a complaint, whether by a single worker or a union.
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New Jersey Prevailing Wage Update

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New Jersey Prevailing Wage Update

Faculty

Mark E. Tabakman, Esq.

Mark E. Tabakman, Esq.

Fox Rothschild LLP

  • Labor and employment partner in the Princeton office of Fox Rothschild LLP
  • Represents clients before National Labor Relations Board, responds to union organizing drives, defended numerous arbitrations, discipline/contract interpretation
  • Handles/responds to strikes, picketing situations
  • Practice emphasizes all aspects of wage and hour law, including the representation of more than 200 clients before the United States and many state Departments of Labor on misclassification, white collar exemptions, independent contractor, working time, construction industry, Davis Bacon, prevailing wage cases and other issues
  • Frequent guest speaker on wage hour and employment law issues and has appeared on local and national television programs commenting on these matters; wrote a weekly column on labor and employment issues titled "Making the Law Work"
  • Advises clients on FMLA/ADA issues, defends/litigates FMLA and ADA cases in federal and state court
  • Included in the list of New Jersey Super Lawyers in the field of labor and employment, 2013-2016; and in Super Lawyers business edition in the area of employment and labor law, 2013
  • J.D. degree, Rutgers University School of Law; B.S. degree, Cornell University
  • Can be contacted at 973-994-7554, [email protected] or Twitter® @njwagelaw
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New Jersey Prevailing Wage Update

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