The New Jersey Department of Labor and Workforce Development announced that it had issued a stop-work order to a convenience store that had committed various employment law violations including misclassifying workers as independent contractors. New Jersey has a unique styatute that allows the department to issue stop-work orders to businesses that misclassify workers.
TRENTON – Investigators from the New Jersey Department of Labor and Workforce Development’s (NJDOL) Division of Wage and Hour Compliance issued the following stop-work order on December 2, 2024:
Employer: Kings Grocery & Deli
Work Location: 1301 Adriatic Avenue, Atlantic City, NJ 08401
Nature of Work: Convenience store/deli
SWO Category: General Enforcement
Details: On December 3, 2024, the employer hand delivered a check to NJDOL headquarters for all wages, fees, and penalties owed, after which the stop-work order was lifted
Violations: Unpaid overtime; no records provided; posting; hinderance; no Earned Sick Leave records; notification/posting for Earned Sick Leave; failing to properly classify employee; unpaid wages
Monetary Assessments: Wages $2,209.04; Fees $220.90; Penalties $800
Workers Affected: 1
NJDOL has issued 178 stop-work orders since these powers were expanded in July 2019.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. In General Enforcement cases, an assessment is made against a company found to be in violation of Wage and Hour laws and regulations. If the employer fails to contest or pay the assessment within the statutory time period, a stop-work order may be issued after a seven-day notice is served upon the employer. The stop-work order remains in place until the award is paid in full by the employer.
NJDOL continues to monitor locations where stop-work orders have been issued. Workers are to be paid during the time the stop-work order is in effect, for a period of up to 10 days. The stop-work order may be lifted if and when any remaining back wages and administrative fees have been paid and all related issues have been resolved.
For more information on worker benefits and protections, please visit myworkrights.nj.gov.