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: 1255956.015 | Report ID: 0213900 | Open 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/Other | Advanced Notice: | N | |
| Ownership: | Private | |||
| Safety/Health: | Safety | Close Conference: | 08/23/2017 | |
| Emphasis: | L:Fall | Close Case: | 08/23/2017 | |
| Related Activity: | Type | ID | Safety | Health |
| Accident | 1254250 | |||
| Referral | 1254231 | Yes |
| Case Status: CLOSED |
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