Workers’ Center and ILR to host panel on wage theft in the new economy (NY)

Posted by National Alliance for Fair Contracting on

JANUARY 18, 2019
BY COMMUNITY ANNOUNCEMENTS

ITHACA, N.Y. – The Tompkins County Workers’ Center handles between 80 and 100 cases of wage theft every year, and that’s scratching the surface of what’s going on just in our community. Employers steal more from their workers than the amount of dollars involved in bank robberies, burglaries, and all other thefts in the U.S. combined. TCWC has helped workers win wage theft judgments of more than $1.35 million, on top of organizing with workers to confront the wage theft in their workplaces directly.

Join us in downtown Ithaca on Tuesday, Feb. 5, to learn more about how companies are finding new ways to exploit workers to reduce costs, including engaging in the age-old practice of wage theft.

Hear from the Manhattan District Attorney’s Office and NY Department of Labor on their work to prosecute wage thieves on criminal charges. Hear from the Tompkins County DA on local enforcement, and experts and advocates on their eye-opening findings in the field.

Fighting Wage Theft: New Tools for a New Economy

6 to 8 p.m. Tuesday, Feb. 5, 2019

The First Unitarian Society of Ithaca, 306 N. Aurora St. (corner of N. Aurora and Buffalo Streets).

(Read More)

Funding stream sought for workforce training (OR)

Posted by National Alliance for Fair Contracting on

By: Josh Kulla
January 22, 2019 1:50 pm

There’s no end in sight to the shortage of skilled tradespeople in the construction industry. That, in short, is motivating supporters of Senate Bill 82 in the Oregon Legislature’s 2019 session. It would direct the Oregon Bureau of Labor and Industries to establish a new program that would provide supportive services for pre-apprenticeship and apprenticeship programs throughout the state. The program would be funded by a pass-through fee attached to certain public works projects subject to prevailing wage rates.

Kelly Kupcak, executive director of Oregon Tradeswomen Inc., worked with representatives of other pre-apprentice groups to help craft the bill. While with the Chicago Women in Trades, Kupcak in 2006 helped push for the passage of similar legislation supporting pre-apprenticeships for women and other disadvantaged groups by linking funding for training in a larger infrastructure bill.

“In Illinois they were able to get enough support from the state Legislature and governor’s office to institute a set-aside from capital improvement projects for pre-apprenticeships,” Kupcak said. “There is this ongoing demand for skilled labor, and report after report that says we can’t meet that demand.”

In some ways, SB 82 is quite similar to the Illinois model. But SB 82 also offers a wide range of support for people receiving training. This includes assistance with the cost of transportation, lodging, child care, job supplies and equipment, and even housing stabilization services.

“We had suggested this is an opportunity to have an assurance of a pool of dollars that would ebb and flow based on demand,” Kupcak said. “If the state has a lot of capital projects on the books, there is an obvious need and a funding stream to get them in. In a lot of ways the model is simple, but it makes sense.”

Money from the pass-through fee would go into a new State Apprenticeship and Training Supportive Services Fund. From there, money would be disbursed to qualifying pre-apprenticeship and apprenticeship programs.

(Read More)

Report: Construction Contractors Cheating Workers, Taxpayers (PA)

Posted by National Alliance for Fair Contracting on

By John Nichols
JANUARY 7, 2019

January 14, 2019

HARRISBURG, Pa. – Unscrupulous contractors in southeast Pennsylvania routinely are violating labor laws and victimizing customers, including state and local government, according to a new report.

The report from the Keystone Research Center found many contractors in the regional Philadelphia construction industry are in a race to the bottom.

Stephen Herzenberg, author of the report, calls that “destructive competition” – cutting costs by misclassifying workers as independent contractors, cheating them out of overtime pay, investing little in worker skills and in some cases operating unsafely.

“When construction contractors and subcontractors compete by violating the law, wage theft, threatening workers’ health and safety, in the end nobody else wins,” he states.

The report says imposing stiffer penalties for labor law violations and directing more resources to enforcement agencies would help safeguard workers, law abiding contractors and taxpayers.

Herzenburg points out that effective enforcement can pay for itself by directing revenue from fines and penalties to enforcement agencies, and it can change the current landscape of the construction industry.

(Visit the Keystone Research Center Website)

(View PDF copy of Study – Illegal Labor Practices in the Philadelphia Regional Construction Industry: An Assessment and Action Plan)

(Read More)

Illegal Labor Practices in the Philadelphia Regional Construction Industry: An Assessment and Action Plan (PA)

Posted by National Alliance for Fair Contracting on

Authors: Russell Ormiston, Stephen Herzenberg
Publication Date: January 11, 2019

This brief, buttressed by the companion national literature review by Professor Russell Ormiston of Allegheny College, presents multiple sources of complementary evidence that point to a single, simple conclusion: US and Pennsylvania labor law and labor standards are routinely violated by many contractors in the Southeast Pennsylvania regional construction industry. These violations threaten to transform growing shares of the construction sector-an industry that still provides significant numbers of well-paid jobs to highly skilled non-college workers-into low-wage, low-skill jobs, further undermining the region’s middle class and increasing already-gaping inequality.

Labor standards violations victimize workers and their families, taxpayers, law-abiding contractors, and construction customers including public sector entities.

* Workers get cheated of the pay they have earned and need to support their family.

* Local businesses suffer because lower-wage workers, some from outside the region, consume less.

* Taxpayers lose because worker victims of wage theft pay less in taxes. Taxpayers also lose in some cases because irresponsible contractors win public contracts awarded to low bidders and then use “change orders” to increase project cost beyond the original bid.

* As well as losing income, workers and their families may suffer because of injuries suffered on the job. Such injuries are more common among contractors who violate labor standards and, in some cases, rely on informal labor markets essentially outside the purview of labor law.

* Law-abiding contractors lose business and profits-and pay higher unemployment insurance taxes and workers compensation premiums-because their competitors underpay. Law-abiding contractors also face pressure to begin violating standards and cheating workers themselves-in a potential “if you can’t beat ’em, join ’em” downward spiral that spreads destructive competition.

(Read More)

(Read Full PDF Report)

Council passes resolution to examine construction industry fraud (PA)

Posted by National Alliance for Fair Contracting on

Ashley Murray
December 27, 2018

Allegations of widespread fraud in the construction industry led Pittsburgh City Council on Thursday to vote 8-0 to create a new task force, but there wasn’t unanimity on the nature and degree of the problem.

“Basically we know that this activity is happening and we’re losing tax revenue from it,” said the bill’s sponsor, councilman Corey O’Connor, though he did not have specific figures.

The resolution, co-sponsored by councilwoman Darlene Harris, directs the mayor to convene representatives from council, and the offices of the city controller, Allegheny County district attorney, as well as trade unions and the state’s Department of Labor and Industry. It would explore tax fraud – sometimes referred to as paying people under the table – and other “unfair” practices within the city’s construction industry.

Past approaches to construction industry fraud – and even some recent pronouncements by advocates for the task force – have referenced undocumented workers. Thursday, though, backers emphasized that the bill isn’t about immigration.

Members of the United Brotherhood of Carpenters gathered in Council Chambers Thursday to support the bill’s passing.

“We have people getting paid cash on the job sites, and that’s not fair,” said Steve Mazza, representative for the Keystone Mountain Lakes Regional Council of Carpenters, based in Collier. “I have to pay taxes. Everybody should be paying taxes. Why is that being unchecked?”

Mr. Mazza’s union claims that Pennsylvania has lost hundreds of millions of dollars in taxes because of industry fraud, though it did not detail that figure Thursday.
The scope of loss for the city is unclear.

(Read More)

Mayor Kenney Signs Philadelphia Fair Workweek and Minimum Wage Bills Into Law (PA)

Posted by National Alliance for Fair Contracting on

The National Law Review
Thursday, December 27, 2018

Philadelphia Mayor Jim Kenney signed two bills last week that provide affected employees in the City with more scheduling certainty and higher wages.

The first bill, the Fair Workweek Employment Standards Ordinance, requires employers with at least 250 employees and 30 locations worldwide in the retail, food services, and hospitality industries to provide their employees with more certainty regarding their work schedules, among other reforms. For more information on the Fair
Workweek Ordinance, please see Ballard Spahr’s prior alert.

The Philadelphia Minimum Wage Bill, which amends the 21st Century Minimum Wage Standard Ordinance, is much broader and will increase the minimum wage for all City employees, contractors, and subcontractors beginning next summer.

Starting July 1, 2019, the wage bill will gradually raise the minimum wage from the current $12.20 an hour to $13.25. The wage will increase to $13.75 an hour on July 1, 2020, $14.25 an hour on July 1, 2021, and $15.00 on July 1, 2022. After that, the minimum wage standard will continue to rise based on annual consumer price index adjustments.

The increased minimum wage will apply to all City employees and to employees of covered employers, including those that are recipients of City concessions, franchises, and leases, as well as recipients of City financial aid. Financial aid recipients include all persons or entities that receive direct City assistance of more than $100,000 in any 12-month period. City financial aid recipients must comply with minimum wage increase requirements for five years after their receipt of financial aid. Benefits incidental to City policies, regulations, ordinances, or charter provisions are not considered City financial aid.

(Read More)

Pittsburgh creates construction fraud task force (PA)

Posted by National Alliance for Fair Contracting on

By Kim Slowey
Jan. 3, 2019

Dive Brief:

  • This Pittsburgh City Council voted last week to establish the Joint Task Force on Construction Industry Fraud, which will work to identify and combat “unfair trade practices, including tax fraud” among the city’s construction businesses.
  • The resolution takes particular aim at construction companies that commit wage violations that result in underpayment or nonpayment of taxes, as well as too-low pay rates that prevent some workers from being able to support their families. The task force will not focus on the practice of hiring undocumented workers, however.
  • The group will be made up of representatives from the city council; mayor’s office; Pittsburgh Regional Building and Construction Trades Council; Allegheny County District Attorney’s Office; Pennsylvania Department of Labor and Industry; and the city’s Department of Permits, Licenses and Inspections.

Dive Insight:

According to the resolution, construction is the fastest-growing industry in Pittsburgh. It states that fraud-related violations of city ordinances not only threaten the health and safety of residents and workers but “threaten the viability” of businesses that operate legitimately. The group will review existing industry practices in Pittsburgh and then make code and policy recommendations to the council and mayor.

(Read More)

unnamed

RESULTS OF THE REPEAL – DID IT WORK? (IN)

Posted by National Alliance for Fair Contracting on

Nick Dmitrovich
October 12, 2018

A few weeks ago, Indiana passed the third anniversary mark since state legislators repealed the common construction wage law. Back in July of 2015, when the repeal went into effect, the intent was to provide financial relief for taxpayer-funded projects by reducing costs associated with construction wages.

At the time, former Governor Mike Pence, a major supporter of the repeal, said that “wages on public projects should be set by the marketplace and not by government bureaucracy.” During the campaign to get the repeal passed, supporters said the bill would help “cash-strapped” schools and other institutions keep project costs down.

So, now that a few years have gone by and data has had the chance to be developed, the big question is: Did it work? Did the repeal save public institutions the money it was supposed to?

Earlier this year, a report from the Midwest Economic Policy Institute (MEPI) straightforwardly titled “Effects of Repealing Common Construction Wage in Indiana” detailed the types of changes the repeal brought about across ten different construction market attributes. MEPI specializes in infrastructure investment and construction industry research.

To put it plainly, their report was a brutal look at the decision’s shortcomings and the damage its done to the construction industry.

“Repeal of common construction wage has led to a host of negative impacts on workers and the construction industry – including lower wages and more income inequality – while failing to deliver any meaningful cost savings or increased bid competition promised by those in favor of repeal,” researchers wrote.

Let’s take a look at the ten construction outcomes that researchers studied and how they have been impacted.

Construction Wages

Right off the bat, it’s fairly plain to see the people most impacted by the repeal are Indiana construction workers themselves, and vicariously their families. Just how much? A straight-up loss of 8.5 percent, even accounting for all the various factors that affect a person’s hourly wage (such as age, race, union membership, and other factors).
This wasn’t just a fact reflected in this report alone, it was actually predicted in additional research reports published at various times before and after the repeal went into effect (MEPI, Manzo, Bruno, Littlehale, et. al)

(Read More)

EDITORIAL: WAGE THEFT SHOULD BE AT THE TOP OF LEGISLATURE’S AGENDA

Posted by National Alliance for Fair Contracting on

October 2, 2018

If you put in an honest day’s work, you should get an honest day’s pay. It’s that simple. The problem is, it’s not happening. Wage theft is occurring across the Commonwealth and dishonest employers are getting away with it, because Beacon Hill has continuously sided with business interests over hard-working families.

The numbers are shocking. About $700 million is stolen from workers every year, the majority of whom are low-income people of color. Only a fraction of those wages, less than 1 percent, is recovered by state authorities.

Often, wage theft happens when bad employers use subcontracting and outsourcing to dodge their basic responsibilities. These crimes are so pervasive, they’re overwhelming the capacity of our existing labor laws and enforcement mechanisms. They’re also a drain on our economy that siphons much-needed revenue, funds that could go toward improving roads, schools, transit, and other public infrastructure.

Cities and towns across the Commonwealth understand what’s at stake, and they’ve shown real leadership standing up for the public good and confronting these criminals head on.

Boston Mayor Marty Walsh led the charge in 2014, when he issued a powerful executive order protecting vulnerable workers from wage theft. At the time of the historic announcement, he said: “It’s illegal to deny fairly earned wages. This executive order empowers workers to demand what they have worked for. I’m committed to stopping violations and holding employers to the letter of the law.”

Since then, more municipalities, including Chelsea and Lynn, have also passed important anti-wage theft measures. And just this month, the Springfield City Council passed the strongest legislation yet. It ensures that businesses are in full compliance with wage and hour laws, including prevailing wage, before they receive any tax incentives from the city.

It’s a groundbreaking measure, and further proof that cities and towns are showing the way forward, but we still need a statewide solution that protects families from Norwood to New Bedford from this unlawful crime wave.

(Read More)

unnamed

Providing A ‘Level Playing Field’ For Workers, Public Bodies, Business Owners & Taxpayers To Ensure ‘All’ Benefit

Posted by National Alliance for Fair Contracting on

Published Wednesday, October 31, 2018
by WNYLaborToday.com Editor-Publisher Tom Campbell

(HAMBURG, NEW YORK) – Fear – in a word, according to representatives of the non-profit New York Foundation For Fair Contracting, is holding back many Non-Union Construction Workers from reporting wage theft or unsafe working conditions.
That’s because they don’t know where to go for help when it comes to being cheated out of their wages and their fringe benefits.

And just how would they ever make the right authorities aware of what’s happened to them without facing repercussions from their employer or being fired from their jobs?

And it’s not just Construction Workers. Its contractors looking for a fair shot at obtaining public construction work, while at the same time battling unscrupulous contractors that receive low responsible bidder status on a project.

And its public bodies that want to award contracts to responsible contractors who qualify as the low bidder.

After all, in the end, it’s the taxpayer who foots the bill when it’s found a debarred contractor that’s been restricted from bidding for public works jobs does indeed get the job.

But here in New York State, there’s an entity that’s currently working to level the playing field by supporting fair contracting across the State – the New York Foundation For Fair Contracting, a non-profit Labor-Management Organization that monitors Prevailing Wage public project work and the competitive bidding process in Western, Central and Northern New York, including those that fall under New York State Labor Law § 220 (covering public work) and Federally-funded Davis-Bacon (Prevailing Wage) work.

Under the State Freedom of Information Law and the Federal Freedom of Information Act (FOIA), the NYFFC – which is not a private investigative service – reviews bid documents, contracts and certified payroll records to ensure contracting companies are following the laws and regulations that govern the industry.

The NYFFC’s compliance and monitoring work is done for the benefit of public bodies, as well as the taxpaying public. And its investigations serve to curb the corrupt act of underbidding and disenfranchising, not only for the individual Workers on a project, but also for taxpayers who expect a timely, safe and high quality end result.

(Read More)