Follow us on LinkedIn to see future News.
August 21, 2023
In an effort to hold businesses accountable for their responsibilities to their employees and the state, the New Jersey Department of Labor and Workforce Development (NJDOL) erected a WALL, the Workplace Accountability in Labor List.
The WALL is is an online list of businesses[1] that have been found in violation of New Jersey wage, benefit, and tax laws and have outstanding liabilities to the NJDOL under a final order or judgment.
If a business does not pay the assessments or successfully challenge them, a final order or judgment may be issued against them.
What are the consequences for being named on the WALL?
Any business that appears on the WALL will be prohibited from public contracting, including contracting with any state agencies, counties, local government bodies, or other subdivisions of the state.
Will the NJDOL give businesses notice before posting their name on the WALL?
Yes. Fifteen business days before posting a business’s name on the WALL, the NJDOL will issue a notice to the business that identifies the final order or judgment that remains outstanding and the options available to the business to avoid being named on the WALL. The notice also will inform the business that, if they fail to resolve their liability, they will be prohibited from public contracting and denied any financial assistance from the State.
When will a business be removed from the WALL if it resolves its liabilities after being named on the WALL?
Once a business satisfies its obligations, the NJDOL will remove the business’s name from the WALL within 15 days of verifying satisfaction of the debt and will issue a Notice of Removal, confirming the business’s right to engage in public contracting.
Where can you view the WALL?
The NJDOL expects to begin publishing the WALL and making it available for download at nj.gov/labor/wall beginning next month. The WALL will be updated monthly, no later than the fifth day of each month.
Employer Takeaways
New Jersey businesses should seek counsel to ensure compliance with all state wage, benefit, and tax laws to avoid placement on the WALL
If an order or judgment is entered against you, you are entitled to due process prior to having your name posted on the WALL. Thus, if you receive a Notice from the NJDOL, seek counsel to discuss your rights.
[1] Any “person” in violation of State wage, benefit and tax laws, and with outstanding liabilities to NJDOL, may be named on the WALL. A “person” is “any natural person, company corporate officer or principal, firm, association, corporation, contractor, subcontractor or other entity engaged in contracting.” The WALL applies mostly to businesses engaged in contracting. Thus, the NJDOL resources regarding the WALL, as well as this article, uses the term “business” for ease of reference.
*Special thanks to Brooke Palma, our Office Administrator, for her contributions to this article.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in New Jersey, Pennsylvania, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
