Illinois legislature passes groundbreaking anti-wage theft bill, measure will help economy, taxpayers, workers and businesses

NEWS PROVIDED BY HourVoice
07 Jun, 2017, 14:36 ET

SPRINGFIELD, Ill., June 7, 2017 /PRNewswire-USNewswire/ — The Illinois legislature has passed groundbreaking legislation (SB1720) to address wage theft in Illinois. Wage theft is estimated to cost American workers over $50 billion per year and news reports have shown Illinois is a very difficult and complex state for workers seeking to recoup stolen wages. The legislation prohibits businesses who violate state law on the payment of wages from receiving taxpayer-funded state contracts for at least five years. SB1720 also increases the penalty for disobeying a court order to pay back wages the court finds to have been stolen from an employee.

“In this time of fiscal crisis, we need to make sure that taxpayer-funded state contracts are only going to companies which treat their employees fairly. The vast majority of Illinois businesses, which play by the rules and do right by their employees, deserve a level playing field. Taxpayers deserve more confidence on how their money is spent. I was proud to support this common-sense measure,” said State Rep. Bill Mitchell (R-Forsyth) who voted for SB1720.

According to HourVoice, wage theft takes many forms, including: shorting workers on their hours, not paying the minimum wage, and not properly paying overtime. It impacts employees in every region of Illinois – at all wage levels and in a wide array of industries.

“Wage theft is estimated to drain $800 million – $3 billion a year from the Illinois economy,” said State Representative Lisa Hernandez (D-Cicero) who sponsored the measure. “It can also push people below the poverty line and make it harder for working parents to support their children. But when low-income workers get the full pay they have earned, they improve the local and state economy with the dollars they spend.”

(Read More)

AG: Company failed to pay correct wages at Bresnahan, other public works jobs

Bresnahan School one of public works projects involved

Staff Reports
July 13, 2017

NEWBURYPORT – A New Hampshire construction company was fined more than $160,000 in restitution and penalties for failing to properly pay employees on nine public works projects, including Bresnahan Elementary School, the attorney general said Wednesday.

Attorney General Maura Healey’s office issued three citations against Northeast Partition Specialties Inc. and owner Fredrick Breth for their failure to pay the prevailing wage, pay overtime and submit accurate certified payroll records for the projects done in 2014-15.

“Companies that do business in Massachusetts must play by the rules,” Healey said. “Prevailing wage laws are intended to ensure a level playing field for companies and provide a real, living wage to workers.”

Northeast is a small, privately held corporation in Manchester, New Hampshire.
The Attorney General’s Office began an investigation of the company after the Fair Labor Division received a complaint from a former employee claiming he was not paid the prevailing wage rate for two public works projects between April 2015 and September 2015.

The investigation found that Northeast failed to pay the proper prevailing wage rate to 27 employees for these public works projects: Staff Sergeant James J. Hill School, Revere; Bresnahan Elementary School, Newburyport; the Acushnet police facility; the Chelmsford Fire Department; Dracut Town Hall; the Sudbury Police Department; Park Avenue Elementary, Webster; West Bridgewater Middle-Senior High School; and the Westborough Fire Department.

Under the Massachusetts Prevailing Wage Law, contractors and subcontractors working on public projects must pay their employees a special minimum wage, which is based on the occupational classification for the type of work the employees perform.

(Read More)

Carpenters Union takes on wage theft at downtown development

By Bill Shaner
July 13, 2017

The Carpenters Local 107 was out in force earlier this week in front of the 145 Front Street development, rallying around accusations that a subcontractor from New Jersey has systematically stiffed local carpenters on overtime hours and pay.

Dozens of union members and advocates marched in a circle across the street, banging on buckets, blowing whistles and chanting slogans like “no justice, no peace.”

At the heart of the matter are five formal U.S. Department of Labor complaints filed by local contractors against the New Jersey-based P and B Partitions.

One such complainant, Edward Vazquez, said time-and-a-half overtime pay and some overtime hours were withheld from his paychecks for about eight months. When he spoke up and attempted to organize other laborers, he was let go, he said.

“Basically, I was getting paid a check, and the rest was in cash, but I wasn’t getting that cash,” he said. “Someone was pocketing that money.”

The five workers who filed the complaint were paid for 40 hours on the books, then overtime in cash, but two hours of overtime were left out and they were straight paid, instead of the legally required time and a half, according to the union.

Vazquez, a Marlborough resident and Worcester native, said unfair treatment was extended to local carpenters and workers formally employed by the company.

“I was let go when I was talking to workers about standing up for their pay.”

He said the case against the company is a home run, and consequently got him into unionizing. After filing the complaint, he joined the Carpenters Local 107.

(Read More)

19th Annual NAFC Conference – Nashville, TN, Sept. 25 – 26, 2017

Available reservations are filling up quickly, get your registration form and hotel accommodations in today!

NAFC will be holding its next Annual Conference in 2017 in Music City U.S.A., Nashville, Tennessee. The Conference will be held at the Sheraton Nashville Downtown Hotel, in the heart of the city. NAFC’s National Conference is attended by several hundred participants from across the nation, including representatives from labor organizations, fair contractors, fair contracting compliance organizations as well as researchers, academics, attorneys and officials from federal, state and local governments. Stay tuned for further details and registration information coming in early 2017.

(View NAFC Conference Page)

3d_money_construction_dreamstime_xxl_21903206

Workers building high-end apartments in Worcester claim wage theft and payroll fraud

By Melissa Hanson
on April 25, 2017

 

Five local carpenters who were working on a mixed-use building that includes high-end apartments in downtown Worcester are claiming that they were victims of wage theft and payroll fraud.

The carpenters, who were employed by P&B Partitions, a contractor based in West Berlin, New Jersey, say they were victims of wage and hour violations. Three of the carpenters have filed wage complaints with the Massachusetts Attorney General’s office, according to a statement from the New England Regional Council of Carpenters.

According to the wage complaints, P&B did not pay the carpenters for all hours worked and frequently paid the workers for overtime hours in cash and at less than the rate required by state law.

Dave Minasian, a spokesman for the New England Regional Council of Carpenters, said the amount of money the workers claim they were bilked of is not being released at this time.

P&B said they did not have anyone immediately available to comment on the complaint. Minasian said P&B has not responded to his organization.

The Worcester Carpenters Union is assisting the workers in recovering the allegedly lost wages.

(Read More)

GOVERNOR SIGNS AG BILL BLOCKING WAGE CHEATS FROM RECEIVING GOVERNMENT CONTRACTS

FOR IMMEDIATE RELEASE:
May 8 2017

OLYMPIA – The governor today signed into law Attorney General Bob Ferguson’s bipartisan legislation prohibiting businesses that have willfully violated state wage theft laws from being awarded government contracts.

Senate Bill 5301 bars companies from receiving both state and local contracts if a judge determines they willfully violated state wage theft laws. The measure, sponsored by Sen. Mark Miloscia, R-Auburn, passed the Senate overwhelmingly in February by 46-3 vote. It passed the House by a 63-33 margin in April. The companion measure, House Bill 1936, was sponsored by Rep. Zack Hudgins, D-Tukwila.

“We need to send a message that the state will not do business with those who cheat hard-working Washingtonians,” Ferguson said. “Government contracts – and taxpayer dollars – should only go to companies that play by the rules.”

The Washington state government spends more than $1 billion annually to buy goods and services – and the state spends billions more on public works contracts – but currently, companies that receive contracts from state and local governments are not always required to demonstrate compliance with wage laws.

“The state should not be supporting businesses that are taking hard-earned dollars from the state’s workers,” said Sen. Miloscia, chair of the Senate State Government Committee. “This change will affirm the state’s commitment to protecting workers and reward businesses who respect the law and take care of their employees.”

“We must stand up in Olympia and say, ‘You will not profit from cheating workers,’ ” Rep. Hudgins said. “This simple change will provide an important incentive for companies to follow the law.”

(Read More)

Construction workers walk off Omni Louisville site protesting wage discrepancy

By CAITLIN BOWLING
May 24, 2017 12:53 pm

 

Some of the construction workers who are helping erect the more than $320 million Omni Louisville hotel and luxury apartments walked off the site this morning.

Roughly 100 workers who have been installing metal studs and hanging drywall at the Omni claim that they are being paid roughly $20 less an hour compared with other construction workers on the job, WDRB News first reported.

Marco Cruz, one of the workers who walked off the construction site, told Insider that he is not so much upset that they are making less than other workers as he is troubled by the fact that they were told they’d earn $24 an hour but are only receiving $17 to $20 an hour.

“I saw that that’s not right,” he said. “We feel like they are taking advantage of us.”

Louisville labor attorney Dave Suetholz told Insider in a phone interview that the construction workers, most of whom are Hispanic immigrants, were told that their wages were lowered because Gov. Matt Bevin repealed Kentucky’s prevailing wage statute this year.

Suetholz, an attorney with Kircher, Suetholz & Associates PSC, argued that construction on the Omni “started before the repeal of the prevailing wage,” making the argument invalid.

“Their employer has lied to them,” he said. “It’s all immigrant workers. They are the only ones being paid lower rates. …Just on the face, it looks very bad.”

The prevailing wage law required construction workers to be paid a wage and receive benefits comparable to what workers receive on average construction sites in the area. It applied to public construction projects, according to an article by Stites & Harbison attorney Joseph L. Hardesty.

(Read More)

U.S. Economy, contractors, and American workers benefit from PLAs

BY SEAN MCGARVEY, OPINION CONTRIBUTOR
04/24/17 04:30 PM EDT

 

Chuck Goodrich, the Chair of Associated Builders and Contractors (ABC), recently slammed Project Labor Agreements (PLAs) for not, as he proclaimed, creating “equal opportunity for the entire construction industry.”

Oh, the irony.

Because at the heart of all PLAs is the concept of “opportunity” – for workers, contractors, businesses, whole communities and, yes, taxpayers.
This theme of “opportunity” was central when nearly 3,000 members of North America’s Building Trades Unions (NABTU) just convened in our nation’s capital to discuss topline policy priorities, including – and especially – the rebuilding of America’s crumbling infrastructure and the need to ensure strong community wage and benefit standards for hard-working Americans

Today, NABTU and its signatory contractors invest more than $1.2 billion annually to fund and operate over 1,600 joint labor-management training centers across the U.S. which, in turn, produce the safest, most highly-skilled, and productive craft workers found anywhere in the world.

Further, NABTU leads the construction industry in innovative workforce development by providing increased opportunities to underserved communities and diversifying the construction workforce through the use of apprenticeship readiness programs and formal apprenticeship training and education.

(Read More)

Employers steal billions from workers’ paychecks each year

Survey data show millions of workers are paid less than the minimum wage, at significant cost to taxpayers and state economies
Report – By David Cooper and Teresa Kroeger
May 10, 2017

What this report finds: This report assesses the prevalence and magnitude of one form of wage theft-minimum wage violations (workers being paid at an effective hourly rate below the binding minimum wage)-in the 10 most populous U.S. states. We find that, in these states, 2.4 million workers lose $8 billion annually (an average of $3,300 per year for year-round workers) to minimum wage violations-nearly a quarter of their earned wages. This form of wage theft affects 17 percent of low-wage workers, with workers in all demographic categories being cheated out of pay.

Why it matters: Minimum wage violations, by definition, affect the lowest-wage workers-those who can least afford to lose earnings. This form of wage theft causes many families to fall below the poverty line, and it increases workers’ reliance on public assistance, costing taxpayers money. Lost wages can hurt state and local economies, and it hurts other workers in affected industries by putting downward pressure on wages.

What can be done about it: Strengthen states’ legal protections against wage theft, increase penalties for violators, bolster enforcement capacities, and protect workers from retaliation when violations are reported.

Introduction and key findings
For the past four decades, the majority of American workers have been shortchanged by economic policymaking that has suppressed the growth of hourly wages and prevented greater improvements in living standards. Achieving a secure, middle-class lifestyle has become increasingly difficult as hourly pay for most workers has either stagnated or declined. For millions of the country’s lowest-paid workers, financial security is even more fleeting because of unscrupulous employers stealing a portion of their paychecks.

Wage theft, the practice of employers failing to pay workers the full wages to which they are legally entitled, is a widespread and deep-rooted problem that directly harms millions of U.S. workers each year. Employers refusing to pay promised wages, paying less than legally mandated minimums, failing to pay for all hours worked, or not paying overtime premiums deprives working people of billions of dollars annually. It also leaves hundreds of thousands of affected workers and their families in poverty. Wage theft does not just harm the workers and families who directly suffer exploitation; it also weakens the bargaining power of workers more broadly by putting downward pressure on hourly wages in affected industries and occupations. For many low-income families who suffer wage theft, the resulting loss of income forces them to rely more heavily on public assistance programs, unduly straining safety net programs and hamstringing efforts to reduce poverty.

(Read More)

3d_money_construction_dreamstime_xxl_21903206

Contractors worry repeal of prevailing wage would decimate industry

May 7th, 2017
by Philip Joens

Currently, workers on public projects are required to be paid a minimum wage set by the state. Created in 1959, the law is similar to the Federal 1931 Davis-Bacon Act, which requires workers be paid minimum wages on federal construction projects.

If approved, House Bill 104 will repeal the state law while still mandating contractors pay workers at least federal or state minimum wage, whichever is higher. If they choose to, contractors may still pay employees more than that amount. It would take effect Aug. 28. Thirty-one states have prevailing wage laws. Some, like Arkansas, Kentucky and Tennessee, have a minimum amount that must be spent on a project before the prevailing wage law guarantees workers certain wages. Others, like Missouri, Illinois and Nebraska, cover public works projects no matter the contract amount.

Pay differs by skill set and county. In Cole County, carpenters make $25.16 and iron workers make $28.96 per hour. In rural Benton County, carpenters also make $25.16 while iron workers make $29 per hour.

Each year, all contractors, both union and non-union, are required to turn in the hours they worked to the Missouri Department of Labor and Industrial Relations. Because local unions collectively bargain wages in each county, all union contractors are lumped into the same pool.

To determine the prevailing wage in each county, the state compares the number of hours worked in each county at the collectively bargained rate and the rate non-union contractors pay. The rate with the most hours worked each year prevails and becomes the wage for each skill set in each county.

(Read More)