How to File a Complaint with the New Jersey Department of Labor

Did you know that the New Jersey Department of Labor (NJDOL) investigates thousands of wage complaints annually, resulting in millions of dollars recovered for employees? If you’re dealing with unpaid wages, misclassification, or retaliation, filing a complaint with the NJDOL is a powerful way to protect your rights and seek justice. This guide provides a step-by-step walkthrough to help you navigate the process with confidence. At Swartz Swidler LLC, we’re here to support you every step of the way.

 

NJDOL Complaint Types

Complaint Type	Purpose	Key Details
Wage Complaint (Form MW-31A)	Address unpaid wages or overtime disputes.	Requires detailed documentation of hours worked and wages owed.
Prevailing Wage Rate Complaint	For workers on public works projects not receiving prevailing wages.	Applies to government contracts; requires documentation of project details and pay rates.
Labor Law Violation Complaint	Report misclassification, retaliation, or other violations.	Broad scope; often involves retaliation claims or misclassification as an independent contractor.

 

1. Determine the Nature of Your Complaint

Understanding the issue at hand ensures you file the appropriate complaint and provide the correct information.

Common Complaints:

• Unpaid or Underpaid Wages: Not receiving full compensation for hours worked, including overtime.
• Misclassification: Being categorized as an independent contractor rather than an employee, which affects benefits and protections.
• Retaliation: Facing adverse actions for reporting workplace violations or exercising your rights.

Knowing the specifics of your case helps ensure a smoother process.

2. Gather Necessary Information

Documentation is critical to building a strong case. Collect the following:

• Personal Information: Your name, contact details, and job title.
• Employer Details: Name, address, and contact information of your employer.
• Employment Records: Include pay stubs, timesheets, employment contracts, and relevant emails or messages.
• Incident Details: Document dates, times, and descriptions of the issue.

Organized documentation not only strengthens your complaint but also expedites the investigation process.

3. Choose the Appropriate Complaint Form

The NJDOL offers tailored forms for different types of complaints. Select the one that matches your situation:

• Wage Complaint (Form MW-31A): For unpaid wages or overtime disputes.
• Prevailing Wage Rate Complaint (Form MW-31B): For employees on public works projects not receiving required wages.
• Selected Labor Laws Complaint (Form MW-31C): For other violations, including misclassification and retaliation.

Detailed instructions accompany each form, ensuring clarity in submission.

4. Submit Your Complaint

You have multiple options to file your complaint, depending on your preference:

Filing Methods:

1. Online: The NJDOL’s online portal allows for convenient submissions with instant acknowledgment. Visit nj.gov/labor.
2. Mail: Send completed forms to:

 

New Jersey Department of Labor and Workforce Development

Division of Wage and Hour Compliance

P.O. Box 389

Trenton, NJ 08625-0389

1. Fax: Submit forms via fax to (609) 695-1174.

Ensure all required documentation is included to avoid delays.

5. Understand the Investigation Process

Once your complaint is filed, the NJDOL begins its investigation. Here’s what to expect:

• Acknowledgment: For online submissions, you’ll receive a confirmation number via email.
• Review and Assignment: Complaints are reviewed and assigned to an investigator.
• Employer Contact: Investigators may request additional information from your employer.
• Resolution: Cases may result in back pay, damages, or mandated policy changes, depending on the outcome.

Investigations can take several weeks or months, so patience is key.

6. Know Your Rights and Protections

Confidentiality:

The NJDOL protects your identity during investigations, except when disclosure is necessary to resolve the issue.

Anti-Retaliation Protections:

New Jersey law prohibits employers from retaliating against employees for filing complaints. Retaliatory actions, such as termination or demotion, may result in additional penalties for the employer.

7. Seek Additional Assistance if Needed

If you encounter challenges or require further guidance, consider the following resources:

• Contact NJDOL: Call (609) 292-2305 or email wage.hour@dol.nj.gov for updates on your case.
• Legal Aid: Organizations like Legal Services of New Jersey offer assistance for employment-related issues.
• Swartz Swidler LLC: Our experienced attorneys can guide you through the complaint process, handle complex cases, and ensure your rights are upheld.

Conclusion

Filing a complaint with the NJDOL is a vital step in addressing workplace violations and holding employers accountable. With proper preparation and understanding of the process, you can take control of your situation and seek the justice you deserve. If you need legal support or have questions about your case, contact Swartz Swidler LLC today for a free consultation.

 

Frequently Asked Questions

Q1: What is the time limit for filing a complaint with the NJDOL?
A: Complaints must generally be filed within two years of the alleged violation. Some claims, such as retaliation complaints, may have different timelines, so act promptly.

Q2: Can I file a complaint anonymously?
A: While your identity is typically protected during the investigation, full anonymity may not be possible if resolution requires employer notification.

Q3: What if my employer retaliates after I file a complaint?
A: Retaliation is illegal under New Jersey labor laws. If it occurs, document the actions and contact an attorney immediately to file an additional complaint.

Q4: How long does the investigation process take?
A: Investigations vary depending on the complexity of the case but generally take several weeks to months.

Q5: Can I file a complaint if I’m an independent contractor?
A: If you suspect misclassification, you can file a labor law violation complaint to have your status reviewed.

Key Statistics About NJDOL Complaints

• Wage Complaints: In 2023, the NJDOL recovered over $10 million in unpaid wages for employees.
• Common Violations: 40% of complaints filed involve unpaid overtime or wage theft.
• Misclassification Cases: Nearly 30% of labor law violation complaints stem from improper classification as independent contractors.
• Resolution Rates: Over 75% of validated complaints result in successful resolution, including back pay and damages for employees.
• Employer Penalties: Employers found guilty of labor law violations paid over $5 million in fines and penalties last year.

Resources for Filing a Complaint

1. New Jersey Department of Labor (NJDOL)
   Website: https://www.nj.gov/labor/
   Role: Accepts complaints and investigates workplace violations.
2. Equal Employment Opportunity Commission (EEOC)
   Website: https://www.eeoc.gov/
   Role: Addresses workplace discrimination complaints under federal law.
3. Legal Services of New Jersey
   Website: https://www.lsnj.org/
   Role: Provides free legal assistance to low-income individuals with employment-related issues.