Day: May 11, 2021

BAPS Mandir: Class Action Lawsuit Filed On Behalf Of Workers Lured From India Paid As Little As $1.20 hr., Stop Work Issued By NJDOL, As Federal FBI Probe Continues

May 11, 2021

ROBBINSVILLE, NJ (MERCER)–This morning FBI Spokesperson Doreen A. Holder, told MidJersey.news in a statement: “The FBI is there on court authorized law enforcement activity.  No further comment.” when asked about the FBI and other law enforcement activity at the BAPS Shri Swaminarayan Mandir located at 112 N Main St. in the township.

At the BAPS Shri Swaminarayan Mandir FBI agents in unmarked vehicles could be seen leaving and entering the compound. Four large tour busses with what appeared to be workers were leaving the Mandir along with an Monmouth County EMS Taskforce Bus. Up to five of ambulances were also seen at the gate according to witnesses.

Law enforcement sources would not say what they were looking for in the activities at the property.

About the same time as the law enforcement activity at BAPS a class action lawsuit was filed in the United States District Court District of New Jersey with several allegations against the the religious organization over labor practices.

According to the complaint, after being trafficked to the U.S. under false pretenses, the workers’ passports were confiscated, and they were forced to live and work in a fenced, guarded compound. They were not allowed to leave the grounds unaccompanied, and they were under constant monitoring, threats of being fined for infractions, and arrest.

Plaintiffs allege that the trafficked workers were forced to work 12-13 hours a day with only rare days off, performing arduous and sometimes dangerous work for approximately 31,000 – 35,000 rupees (approximately $425 – $450 USD) per month, or less than $1.20 per hour.

See full lawsuit below for details.

On April 30, 2021 New Jersey Department of Labor issued a Stop Work Order for Newark-based Cunha’s Construction Inc. was ordered to halt work at current and future projects for the duration of the order, which will remain in effect until the contractor complies with state wage and hour laws and all outstanding back wages and penalties have been paid.  

The NJDOL’s Division of Wage and Hour Compliance conducted site visits at two of the company’s current worksites, BAPS Temple in Robbinsville and BAPS Temple in Edison, after learning of the projects from workers. These inspections found the contractor was paying workers in cash off the books and did not have workers’ compensation insurance.  

Other violations involve the misclassification of construction workers by paying them in cash off the books, failure to pay overtime, failure to keep records, hindrance of the investigation, and unpaid or late paid wages.  See press release below for full details.

A BAPS representative Matthew Frankel of MDF Strategies told MidJersey.news “We were first made aware of the accusations early Tuesday morning, we are taking them very seriously and are thoroughly reviewing the issues raised.”

This is sill a developing story follow MidJersey.news for the latest.


A emailed statement John Nalbone from Robbinsville Township Office of Communications & Public Information said, “Based upon media reports, the Township was made aware of federal law enforcement activity this morning on the BAPS property located in Robbinsville.  The Township’s jurisdiction over the property is limited to land use and Uniform Construction Code (UCC) matters.  At no time in approving BAPS’s land use applications, or in conducting UCC inspections on the property, did Robbinsville Township officials witness, or become aware of any labor issues that may have been present.  The Township was aware of temporary housing on the site and conducted inspections of that housing in April and June of 2020, until in-person inspections were suspended due to COVID-19.  As to not interfere with this ongoing federal investigation, the Township will have no further comment.” 




Press release provided from the law firms of the class action lawsuit:

Class Action Lawsuit filed in NJ again Major Hindu Temple

Today, workers’ rights attorneys filed a class action lawsuit on behalf of Indian workers who were trafficked and faced rampant wage theft and shocking abuses by Bochasanwasi Shri Akshar Purushottam Swaminarayan Sanstha, Inc. (“BAPS”), reportedly the largest Hindu temple in the United States.    

In addition to the six named plaintiffs – Mukesh Kumar, Keshav Kumar, Devi Laal, Niranjan, Pappu, Brajendra – the case, Kumar v.  Bochasanwasi Shri Akshar Purushottam Swaminarayan Sanstha, Inc., is brought on behalf of approximately 200 other Indian nationals who have worked at the temple. According to the complaint, after being trafficked to the U.S. under false pretenses, the workers’ passports were confiscated, and they were forced to live and work in a fenced, guarded compound. They were not allowed to leave the grounds unaccompanied, and they were under constant monitoring, threats of being fined for infractions, and arrest.

Plaintiffs allege that the trafficked workers were forced to work 12-13 hours a day with only rare days off, performing arduous and sometimes dangerous work for approximately 31,000 – 35,000 rupees (approximately $425 – $450 USD) per month, or less than $1.20 per hour.

The lawsuit, which was filed in the U.S. District Court for the District of New Jersey by attorneys Patricia Kakalec of Kakalec Law PLLC, Daniel Werner of Radford & Keebaugh, LLC, and Andrew Glenn of Jaffe Glenn Law Group, P.A., outlines the defendants’ violations of federal and state laws including the Trafficking Victims Protection Act (“TVPA”), the Fair Labor Standards Act (“FLSA”), and New Jersey wage and hour laws.  Besides BAPS, defendants in the case are BAPS Mercer LLC, BAPS Robbinsville LLC., BAPS Fellowship Services, Inc., Bharat Doe a/k/a Bharat Bhai, Pankaj Patel, Kanu Patel, and Swami Prasanand.  

“This is a horrific case of worker exploitation and it is even more disturbing that it has gone on for years in New Jersey behind the temple’s walls,” said Werner. “These workers were coerced through lies to come to the United States to work and then suffered tremendously – they were basically forced into servitude.” 

The plaintiffs were brought to the United States under R-1 or religious visas, which are available to those who minister or who work in a religious vocation or occupation, but the workers solely performed manual labor.

“These workers came to work in New Jersey to earn wages and help their families,” says Kakalec. “They were taken advantage of and cheated out of millions of dollars in wages. They deserve justice.”

Swati Sawant, an attorney for individuals who worked in the temple, says: “These individuals have suffered greatly – financially as a result of the wage theft, physically as a result of the grueling work they were forced to undertake, and mentally as a result of being forced for stay within the temple compound for months, and for many, years.  They are brave for standing up for their rights.”

The lawsuit seeks the workers’ unpaid wages, an award of money for other damages, and a court order preventing the defendants from continuing to violate the law.

A copy of the complaint can be viewed HERE.


Radford & Keebaugh, LLC. is a Georgia based law firm focused on civil rights and employment litigation specializing in areas such as employment discrimination, wage and hour violations, constitutional claims including false arrest and malicious prosecution, sexual harassment, Americans with Disabilities Act, and whistleblower retaliation. 
For more information, visit: 
https://decaturlegal.com.

Kakalec Law PLLC is a New York based law firm which represents employees in wage and hour, discrimination, and other employment matters, and also represents individuals with disabilities in civil rights and access matters. For more information, visit: https://kakaleclaw.com

Jaffe Glenn Law Group PA is a New Jersey and New York based law firm which represents employees specializing in overtime claims, minimum wage violation cases, as well as other employment related cases.   For more information visit https://jaffeglenn.com.


NJDOL Issues Stop-Work Order Against Construction Contractor, Halting All Current and Future Work

April 30, 2021

TRENTON – The New Jersey Department of Labor and Workforce Development (NJDOL) has issued a company-wide stop-work order to Cunha’s Construction Inc. and owner Nuno Cunha based on repeated and ongoing violations of state wage and hour laws. This is the first time the NJDOL has used its authority to pause all work by a single entity rather than on a per project basis.   

Newark-based Cunha’s Construction Inc. was ordered to halt work at current and future projects for the duration of the order, which will remain in effect until the contractor complies with state wage and hour laws and all outstanding back wages and penalties have been paid.  

The NJDOL’s Division of Wage and Hour Compliance conducted site visits at two of the company’s current worksites, BAPS Temple in Robbinsville and BAPS Temple in Edison, after learning of the projects from workers. These inspections found the contractor was paying workers in cash off the books and did not have workers’ compensation insurance.  

Other violations involve the misclassification of construction workers by paying them in cash off the books, failure to pay overtime, failure to keep records, hindrance of the investigation, and unpaid or late paid wages.  

The company has eight unpaid judgments for back wages and penalties dating back to 2007 that have not been resolved by way of compliance or restitution to workers. In addition,  NJDOL concluded the company was not paying its workers on numerous job sites and was not maintaining proper payroll for any projects across the state. 

“With the authority to issue stop-work notices, we can better protect workers from bad actors who repeatedly skirt the law,” said Assistant Commissioner Joseph Petrecca of the Division of Wage and Hour Compliance. “Now more than ever, it is important to keep our workers safe, and ensure they are treated fairly.”   

The NJDOL first served the company-wide stop-work order to Cunha’s Construction Inc. on April 1, upon which owner Nuno Cunha appealed the decision to the director of NJDOL’s Division of Wage and Hour Compliance  through his attorney. The NJDOL was represented during the appeal process by Section Chief and Deputy Attorney General Peter A. Basso and Deputy Attorney General Micauri Vargas of the New Jersey Office of the Attorney General’s Division of Law, Affirmative Civil Rights & Labor Section. After the presentation of evidence and witness testimony, the appeal determination upheld the actions of the NJDOL.   

“This stop-work order from the Department of Labor and Workforce Development is the first of its kind under a law signed by Governor Murphy to strengthen our ability to enforce the state’s labor laws,” said Attorney General Gurbir S. Grewal. “The message to employers should be clear: We are committed to using all of the tools at our disposal to protect New Jersey’s workers.” 

As of July 2019, the NJDOL has the authority to require any employer to cease business operations when significant pay, benefits, or other workers’ rights violations are documented. As Cunha’s Construction Inc. is not a registered public works contractor, the department previously had few options to ensure compliance and payment of restitution.  

For more information on New Jersey’s wage and hour laws, please visit myworkrights.nj.gov


Photos by Brian McCarthy, OnScene News



It was reported that on August 17, 2017 a fatal accident occurred where a 15 year old “volunteer” at the temple was killed in a 45 foot fall. Rescue personnel from Robbinsville Township arrived and performed CPR on the 15 year old and was later pronounced dead at RWJ University Hospital in Hamilton. OSHA Occupational Safety and Health Administration opened and investigation and closed the investigation on August 23, 2017 with no notes listed available from the OSHA website. You can access that information at the link below:

https://www.osha.gov/pls/imis/establishment.inspection_detail?id=1255956.015

Inspection: 1255956.015 – Baps Northeast Development, Inc
Inspection Information – Office: Marlton
Nr: 1255956.015Report ID: 0213900Open Date: 08/17/2017
Baps Northeast Development, Inc
112 N Main Street
Robbinsville, NJ 08691
Union Status: NonUnion
SIC:
NAICS: 236220/Commercial and Institutional Building Construction
Mailing: 112 N Main Street, Robbinsville, NJ 08691
Inspection Type:Referral
Scope:No Insp/OtherAdvanced Notice:N
Ownership:Private
Safety/Health:SafetyClose Conference:08/23/2017
Emphasis:L:FallClose Case:08/23/2017
Related Activity:TypeIDSafetyHealth
 Accident1254250  
 Referral1254231Yes 
Case Status: CLOSED


One-Time
Monthly

Help MidJersey.news continue to bring you this type of coverage with a one-time donation

Help MidJersey.news continue to bring you this type of coverage with a monthly donation

Choose an amount

¤15.00
¤25.00
¤100.00
¤5.00
¤15.00
¤100.00

Or enter a custom amount


Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthly

Mayor Martin Proposes Municipal Budget with Flat Tax Rate

May 11, 2021

HAMILTON TOWNSHIP, NJ (MERCER)–This evening, the Martin administration introduced the 2021 municipal budget to Township Council which features a flat tax rate. Mayor Jeff Martin’s budget address can be found below:

The last year has been extraordinarily difficult not only for Hamilton, but the World.  The COVID-19 pandemic has caused numerous disruptions both individually and as a community.  However, with our vaccine rollout well underway, brighter days lay ahead.  Likewise, the 2021 budget projects brighter days ahead for Hamilton. 

First, let me begin by recognizing the extraordinary work of Hamilton’s municipal employees.  Throughout the pandemic, they have come to work each day in service to our Township.  Thanks to their dedication and hard work, our town successfully continued operations throughout the pandemic to provide so many essential services to our residents and businesses.  Our Water Pollution Control (Sewer), Police Division, and Health Department answered the call each and every day, unable to take a day off.  My appreciation goes out to their leaders – Carrie Feuer, Chief James Stevens, and Kathy Fitzgerald for steering their respective departments through difficult times. 

The 2021 budget I present to you recognizes the continued responsibilities we have in the face of COVID-19 while respecting the difficult financial hardship many of our residents and businesses continue to face.  In light of that recognition, this budget keeps taxes flat for 2021.  The 2020 municipal tax rate of .822 cents is added to the combined 2020 fire tax rate of .333 cents to create our new combined 2021 tax rate of 1.155.  Even while keeping taxes flat, we recognize the importance of investing in our Township to create a brighter future for Hamilton Township.  

For the first time, Hamilton has created an office of Vacant and Abandoned Properties (VAP).  Under the direction of Director Fred Dumont, our VAP office is charged with identifying abandoned properties and working on turning those properties around.  These properties are eyesores for neighbors – driving down property values; presenting challenges to our public safety professionals, both as fire hazards and use for illegal activities; and many become health hazards over time.  Fixing this problem is not a short term issue, especially as we come out of the COVID-19 pandemic.  Furthermore, as there is the potential for a housing crisis, getting ahead of the problem now will pay dividends well into the future.  I hope the importance of addressing this issue in Hamilton will receive commitment from you, our Council, in 2021 and well into the future.

This year is also the first time we present the Hamilton Township Fire Division.  This Administration has worked tirelessly with Chief Richard Kraemer in setting up the Fire Division for short and long-term success.  As the Fire Division operates together as a cohesive unit in 2021 and into the future, we are confident it will provide the continued services our residents have come to expect in a more efficient way.  I’m excited to see Chief Kraemer’s work as the first ever Hamilton Fire Chief. 

The Capital Budget reflects our commitment to investing in Hamilton’s future.  The last year has further proven the need for our municipal government to continue to invest in technology, both as the continued wave of the future, and as a way of providing a more efficient and customer friendly service.  The technology upgrades in this budget put our town on a path of maintaining and improving our technology.

As outdoor recreation demands continue to rise, Hamilton will continue our commitment to providing these services to our residents – both at Veteran’s Park and throughout Hamilton’s 60-plus other parks as well.  $500,000 is provided for upgrades to our tennis courts and thanks to Council, we also are applying for an additional $500,000 for the conversion of more tennis courts into pickleball courts.  Pickleball is one of the fastest growing sports in the country and our goal for being a destination for pickleball players has resulted in Hamilton being chosen to host a USA Pickleball sanctioned tournament this August that will draw people from all over the region.  The investment we make today will be a boon for tourism for years to come.  Additionally, Hamilton will be receiving new playground equipment at Limewood Park, through a combined partnership of Joey’s Little Angels and Where Angels Play– a $100,000 value at no cost to our residents!

Hamilton will also prioritize the investment and management of our infrastructure.  Thanks to Public Works Director Chris Markley, Hamilton will now have employees dedicated to maintaining our stormwater infrastructure including cleaning out drains and maintaining basins ensuring less flooding concerns here in Hamilton.  Hamilton continues to address our responsibility in maintaining Hamilton’s roads with over $5 million in new road projects – much of it from State grant monies. 

Finally, while our intention was to wait to introduce our 2021 Budget inclusive of monies from President Biden’s American Rescue Plan (ARP), with the complex set of rules just released this week we did not want to delay budget introduction any further.  Hamilton’s estimated ARP grant is $17.1 million over two years, monies that will go to securing our finances and help us overcome many additional expenses to address the pandemic.  We will present our plan for the ARP monies to Council for your consideration in the weeks to come, but I think it an enormous achievement to present a flat budget without the benefit of the ARP monies. 

I thank the Council for the opportunity to present our 2021 budget and look forward to working with you in continuing to overcome all of the challenges presented to us over the last year.

DEVELOPING: Federal Probe At BAPS Robbinsville, FBI and Homeland Security On Scene

Update here: BAPS Mandir: Class Action Lawsuit Filed On Behalf Of Workers Lured From India Paid As Little As $1.20 hr., Stop Work Issued By NJDOL, As Federal FBI Probe Continues

May 11, 2021

ROBBINSVILLE, NJ (MERCER)–This morning around 8:00 am it is reported that Homeland Security and the FBI were conducting law enforcement activity at BAPS Shri Swaminarayan Mandir, Robbinsville Hindu Temple.

FBI Spokesperson Doreen A. Holder, told MidJersey.news in a statement: “The FBI is there on court authorized law enforcement activity.  No further comment.”

There is no word why the FBI and Homeland Security is on scene. This is a developing story please check MidJersey.news for additional details as they are released.


Strober Selected All-Centennial First Team in Singles

May 11, 2021

LANCASTER, Pa. – Washington College sophomore Landon Strober (Millstone, N.J./Allentown High School Class of 2019) has been named All-Centennial Conference first team singles in men’s tennis in a vote conducted by the conference’s head coaches. In addition, sophomore Christian Gruyon (Bronx, N.Y./Riverdale Kingsbridge Academy) was named to the Centennial Conference All-Sportsmanship Team.

Strober, who played No. 1 singles in every match this season, went 5-4 overall and 4-2 in Centennial matches. His five wins tied for tops on the team this spring.

“Landon is one of the hardest workers I have seen since being at Washington College day in and day out,” stated Reynolds. “He competed at the top of our line-up this year, going 5-2 at number one. His ability and perseverance to find ways to stay in matches is something we have been looking for to help our team succeed. This young man is going to continue to get better, and the second half of his career at Washington College is going to be a lot of fun to watch!”

Gruyon was named to the All-Sportsmanship for the first time. Each Centennial Conference member institution was permitted to nominate one student-athlete who exemplifies the best in sportsmanship for the All-Sportsmanship Team.