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ID and Tax Solution for Construction Worker Misclassification and Immigration Challenges

By Charles Frantes
May 19, 2022

A recent presentation at the University of Saint Thomas in Houston highlighted how challenges associated with the outdated US immigration system have cultivated an inefficient, unethical, and unsafe shadow economy that threatens the sustainability of the construction industry. Stan Marek, CEO of MAREK, and Loren Steffy, award-winning author and business journalist, discussed how workforce shortages, the lack of a pathway for unauthorized immigrants to earn legal status, and the lack of enforcement against worker misclassification and payroll fraud have made it easier for unscrupulous employers in the construction industry to profit at the expense of law-abiding taxpayers, workers, and businesses. They called on lawmakers to pass a bipartisan ID and Tax policy as a solution.

In the construction industry where workforce shortages are rampant and competition for bids is fierce, Marek explained that one way that many companies cut costs is by classifying their workers as independent contractors instead of employees. Many businesses also pay workers off the books in cash. This allows those employers to avoid paying payroll taxes and providing benefits like health insurance and workers’ compensation. Doing this not only allows those employers to undercut and underbid companies that are following the rules, it also cheats taxpayers, and leads to a degradation of the trades due to a lack of emphasis on training and the treatment of workers as disposable.

Marek stressed the importance of the employer-to-employee relationship and the safety and skills training that comes along with it and explained how doing things the right way can actually end up saving costs in the long run and even help to alleviate rising housing costs.

“When you have a system where everybody is an independent contractor and you don’t have an employee to employer relationship, they don’t get the training that employees do. Our company prides itself on safety. Job sites are dangerous. Safety is number one, and then skills training. Somebody that is trained to do a specific function does it better. A big problem we have in construction is doing it twice. So many people, when they’re not trained, make a mistake and it has to be redone. It’s estimated 20-25% of projects have to be redone because people don’t have the skills training,” said Marek.

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State Senate considers defining wage theft in state law

Delaware Public Media | By Paul Kiefer
Published May 18, 2022

Delaware’s Department of Labor and Department of Justice are backing a bill that would criminalize wage theft by employers.

Deputy Secretary of Labor Rachel Turney says under current Delaware law, employees paid under the table or misclassified as independent contractors have no clear way to seek justice if their employer doesn’t pay them appropriately for their work.

“The goal of the bill is to provide protection to workers who are paid under the table or misclassified as independent contractors, and therefore are not covered by the workers protection laws in place,” she said.

Her office estimates it receives about 1,000 of these complaints each year, and Turney says the most they can do is refer them to agencies like the IRS, which rarely take up individual worker complaints.

Sam Noel, a spokesman for Carpenters’ Union Local 255, supports the bill, saying it would help address the increasing misclassification of workers in the construction industry.

“This really helps the industry have contractors all on the same playing field,” he said.

This bill would allow employees to bring complaints to the Department of Labor, which would hold a hearing with the employer accused of wrongdoing. Employers found not to have paid an employee correctly would be required to provide restitution to the employee and pay a fine. Those fines would help pay for two enforcement officers – one at the Department of Labor, and another at the Department of Justice.

But State Sen. Colin Bonini is concerned about that funding structure.

“I’m always loathe to create enforcement mechanisms that are self-funding based on the fines they can levy on the people they’re overseeing,” he said.

Despite those concerns, the bill cleared the Senate’s labor committee on Wednesday.

(See Article)

Brown Introducing Legislation to Crack Down on Companies That Cheat Workers out of Wages They Earned

Office of Sen. Sherrod Brown
May 18, 2022

New Report Reveals More than 200,000 Ohioans Lose Out on Thousands of Dollars in Wages Each Year; Brown Bill Would Help Put Wages Back in Workers’ Pockets, Strengthen Worker Protections

WASHINGTON, DC – U.S. Senator Sherrod Brown (D-OH) joined Policy Matters Ohio and Ohio workers for a news conference call to discuss his Wage Theft Prevention and Wage Recovery Act, new legislation to crack down on employers that unfairly withhold wages from their workers.

New analysis from Policy Matters Ohio finds that each year, employers steal from at least 213,000 Ohioans by paying them below the minimum wage, costing a worker who is on the job the full year an average of $2,900, or a quarter of their total wages they earned.

Brown’s new bill with Sen. Patty Murray (D-WA) and his colleagues would put hard-earned wages back in workers’ pockets and crack down on employers who unfairly withhold wages from their employees.

“It’s simple: If you put in the work, you should get paid for it. Companies should not be able to cheat workers out of the wages they earned and get away with it,” said Brown. “Our bill will give workers the power to fight back and recover their lost paychecks, and it will mean real consequences for employers that steal the wages Ohioans work so hard for.”

Brown was joined on the call by two Ohio workers whose wages were stolen by their employers.

“So many people keep quiet about wage theft for fear of losing their jobs. It’s time we put a stop to this,” said Ernest Hatten of Cleveland.

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Honest day’s pay

Policy Matter Ohio
May 18, 2022

KEY FINDINGS: WAGE THEFT IN OHIO

  • Ohio employers steal from an estimated 213,000 workers a year by paying them less than the state or federal minimum wage.
  • If wage theft victims stayed on their job the full year, the total underpayment of wages to these Ohio workers would be $611 million each year.
  • While 3.8% of all Ohio workers have wages stolen each year, employers steal from 18.4% of workers paid $11.44 per hour or less.
  • Victims of minimum wage violations are underpaid an average of $55 per week, 24% of the weekly earnings owed to them. If they work year-round, they lose, on average, $2,873 per year and are paid only $9,011 in annual wages.
  • Women make up about three in five victims who are paid below the minimum wage.
  • Hispanic workers were 74% more likely to become victims than white counterparts, while Ohioans of other races — about three quarters of whom are Asian — were 51% more likely. Black workers were about as likely to indicate wages below the minimum wage as white workers, but Black workers spent more hours working for employers who stole from them and lost more wages, overall.
  • About 54,000 parents are paid below the minimum wage each year. Together they are raising about 108,000 children under 18 years old.
  • Low-paid workers in all industries are vulnerable, but half the wage theft cases occurred in the leisure and hospitality industry.

Introduction

Everyone who works should be paid their full wages for all the hours they put in. Too often in Ohio, employers steal from workers’ paychecks. By underfunding wage and hour enforcement, Ohio lawmakers make it too easy for employers to commit wage theft, and too hard for workers to be made whole. The scale of wage theft is difficult to measure, but we know that it far exceeds the number of cases ever reported. Most wage theft victims never come forward because they don’t know their rights, think nothing will be done for them, or fear retaliation from their employer.

Using Current Population Survey (CPS) data and a method developed by the Economic Policy Institute (EPI), this report quantifies the scope and cost of wage theft to Ohio’s working people. Employers steal from an estimated 213,000 Ohioans each year through minimum wage violations alone.[1] This report updates prior research released by EPI and reveals that, in the five years since that research was released, the scale of wage theft in Ohio has remained virtually unchanged.[2] Employers in all sectors steal from employees, but wage theft is most prevalent in industries that pay low wages, especially leisure and hospitality. Wage theft compounds financial hardships for people who are too often exploited at work due to their race, gender, immigration status or socioeconomic class.

This report quantifies the scope and cost of wage theft to Ohioans through minimum wage nonpayment alone. Because the vast majority of wage theft goes unreported, most types of wage theft cannot be measured. This report identifies minimum wage nonpayment — just one form of wage theft — from respondents to the Current Population Survey who identified their wage as less than the federal or Ohio minimum wage, regardless of whether they ever made a wage claim. These estimates have been produced by Policy Matters Ohio following a research methodology developed by EPI. Data are from the CPS Outgoing Rotation Group for years 2017-2019, using the extract from the Center for Economic Policy Research.[3] Exempt workers are identified wherever possible so that those estimated here to be wage theft victims were both paid less than the minimum wage and covered employees under state or federal law. Wages are reported in current year dollars. A full methodology is available from Policy Matters Ohio.

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(Executive Summary)

(Full PDF of Report)

AG Shapiro Calls for Federal Action to Protect Public Construction Workers

Office of Attorney General Josh Shapiro (PA)
May 17, 2022

HARRISBURG–Attorney General Josh Shapiro and Secretary of Labor & Industry Jennifer Berrier filed comments today in support of the United States Department of Labor’s (“USDOL”) proposed updated regulations to the Davis-Bacon and Related Acts (“DBRA”).

“The Department’s proposal would put in place common-sense rules that experience shows will help enforcement agencies catch serious, intentional violations of the law,” said Attorney General Shapiro. “The men and women who build Pennsylvania’s infrastructure should be paid all of the money they have earned, and honest contractors should not have to compete on an uneven playing field with lawbreakers.”

The DBRA is intended to level the playing field among bidders for public construction contracts and protect workers. The DBRA accomplishes its goal by ensuring that all contractors working on projects that receive federal funding pay the wage rates that prevail in a given geographical region as determined by USDOL. Contractors are generally permitted to satisfy a portion of the required wage by providing qualifying fringe benefits to employees

“It’s been over 40 years since these regulations were significantly updated,” said Secretary Berrier. “These regulations will ensure that workers who perform the important and difficult work of updating Pennsylvania’s infrastructure are paid a true prevailing wage and receive the benefits they deserve.”

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NY rail company to pay overtime violations on projects in Massachusetts

By: Ashley Shook
May 16, 2022

BOSTON (WWLP) – A New York-based rail system company was issued a citation and will pay more than $220,000 for overtime and payroll violations on projects in Massachusetts.

According to the Massachusetts Attorney General’s Office, Railworks Track Systems, Inc. and its President Gene J. Cellini, will pay more than $220,000 in restitution and penalties to resolve allegations that it failed to pay the proper overtime rate to workers on public works projects in the Berkshires, on Cape Cod, and in Framingham, and failed to submit accurate certified payroll records, Attorney General Maura Healey announced.

Restitution will be provided for 84 employees that were not paid properly for five railroad improvement projects in Hyannis, Falmouth, Framingham, Great Barrington, Lee, Lenox, Pittsfield, Sheffield, and Stockbridge.

“Companies must pay their employees the wages they’ve earned and are legally entitled to,” said AG Healey. “We are pleased to have secured this relief for the more than 80 affected workers, and hope that this sends a message to employers that we hold them accountable if they do not properly compensate their workers.”

The Attorney General’s Office received a referral in 2020 from the Foundation for Fair Contracting of Massachusetts, alleging that Railworks Track Systems was improperly paying its employees. The investigation revealed the payroll records did not include employee addresses, and that the company claimed a type of fringe benefit that is not permitted under Massachusetts prevailing wage laws. The fringe amounts were paid, but the amounts did not include overtime.

(See Article)

Report: Union contractors have less trouble finding skilled workers

Researchers from the Illinois Economic Policy Institute (ILEPI) and the Project for Middle Class Renewal (PMCR) at the University of Illinois at Urbana-Champaign (UIUC) have analyzed three years’ worth of data collected by the Associated General Contractors of America (AGC) and have concluded that the shortage of skilled workers has been harder on nonunion construction firms.

The numbers

Nonunion construction firms when compared to union contractors, according to the ILEPI and PMCR report, were:

16% more likely to report difficulty filling open positions;
13% more likely to report losing skilled workers to other industries;
21% more likely to report project delays due to workforce supply or retention issues; and
27% more likely to report a poor local workforce training pipeline.
The AGC surveys that researchers used were conducted from 2018 to 2021, so the additional workforce difficulties encountered by nonunion construction companies were present before the COVID-19 pandemic. The AGC data included responses from 1,768 union contractors and 3,893 nonunion contractors.

“While a tight labor market is clearly impacting the entire construction sector, the data shows that these issues are far more acute in the nonunion segment of the industry,” said Frank Manzo IV, ILEPI executive director and report coauthor.

“The superior outcomes reported by union firms reveal that long-term investments in job quality and apprenticeship training are every bit as critical to the success of construction employers as the ability to access materials, secure regulatory approvals or win project bids,” he said.

On issues surrounding the materials supply chain and regulatory approvals, the gap between nonunion and union responses was negligible, according to researchers.

(Read More)

Maine Compass: Clean energy future relies on workforce development programs and union jobs.

May 14
Justin Walsh

… Like my father before me, I am now a member of my industry’s local union in Maine. For the past two years, I’ve served as the Training Director for the International Brotherhood of Electrical Workers (IBEW) 567. I began my path toward journeyman electrician in the same apprenticeship program I now oversee.

Despite growing up in a union household, I didn’t initially understand the purpose of being in one. I expected all employers to provide their workers with the means for a sustainable life and retirement. But union jobs in the electrical industry provide higher wages, safer work environments, job security, and benefits, including pension and medical. In childhood, I suffered from ear issues for which, without the union health insurance my father received, we wouldn’t have been able to afford treatment. Union benefits spared me a lifetime of pain.

Since I participated in IBEW’s apprenticeship program, there have been shifts in the industry that have made different experiences and learning opportunities available. Most notably, the increasing use of renewable energy and the investments made through the Infrastructure Investment and Jobs Act (IIJA) in electric vehicles (EVs) and EV infrastructure. …

Investing in green technology and renewable energy reduces family energy bills, public health problems, and pollution while making the power grid more reliable. Continuing investments in these technologies and promoting good jobs standards and workforce development programs — like those found in L.D. 1969 in Maine, which has now been signed into law — will create quality clean energy jobs and advance equity in the renewable energy industry. These are imperative to ensure workers can gain access to these fields, learn the skills of the trade, and earn wages and benefits that will sustain careers in building and maintaining greener infrastructure.

Justin Walsh is the training director for a local electrical workers union.

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Jersey City electrical subcontractor underpaid workers by nearly $800K in wages, benefits: feds

By Ron Zeitlinger | The Jersey Journal
May 13, 2022

A Jersey City electrical subcontractor on a federally funded residential townhome and apartments project in Paterson underpaid 11 electricians by a total of nearly $800,000 in wages and benefits, a federal investigation found.

Deen Electrical Contractors Inc. misclassified the workers at the Riverside Townhomes and Senior Apartments public housing project and paid them as laborers, in violation of the Davis-Bacon and Related Acts, Department of Labor officials said. By doing so, Deen underpaid the electricians for work on the project that was funded through the U.S. Department of Housing and Urban Development.

The investigation by the U.S. Department of Labor’s Wage and Hour Division led to the recovery of $799,479 in back wages for the 11 electricians.

“Contractors and subcontractors on federally funded projects are legally obligated to accurately identify workers on work sites, pay them the local prevailing wages and fringe benefits and submit weekly certified payroll records to the contracting agency.” Wage and Hour Division District Director Paula Ruffin said.

Officials said that when the federal investigation was completed, Deen Electrical paid the back wages promptly.

Based in Jersey City, Deen Electrical Contractors Inc. has been a family-owned and operated contractor for more than 30 years, serving commercial builders, residential owners and performing work under state and federal contracts in North Jersey and the surrounding area, federal officials said.

Contractors and subcontractors on federally funded projects are required to properly identify workers and pay them the applicable prevailing wage rate, in addition to submitting weekly certified payroll records to the contracting agency. They are also required to post the Davis-Bacon poster on the job site.

(See Article)

Scott, Delauro, Murray Introduce Bill to Stop Wage Theft and Improve Wage Recovery

May 10, 2022
Press Release

As originally released by the Committee on Education & Labor

WASHINGTON, DC – Today, Chair of the House Education and Labor Committee Congressman Robert C. “Bobby” Scott (VA-03), Chair of the House Appropriations Committee Congresswoman Rosa DeLauro (CT-03), and Chair of the Senate Health, Education, Labor, and Pensions (HELP) Committee Senator Patty Murray (D-WA) introduced the Wage Theft Prevention and Wage Recovery Act; comprehensive legislation to put hard-earned wages back in workers’ pockets and crack down on employers who unfairly withhold wages from their employees. This bill would give workers the right to receive full compensation for the work they perform, as well as the right to receive regular paystubs and final paychecks in a timely manner.

“It is unacceptable that dishonest employers can steal workers’ wages with little to no consequence. Each year, our most vulnerable workers are cheated out of billions of dollars. We cannot grow the middle class or expect workers to confidently return to the workforce when we don’t even have adequate deterrents to prevent wage theft,” said Chairman Scott. “Workers and employers must be able to trust that our labor laws will hold unscrupulous employers accountable for violating the law and help workers recover the wages stolen from them. This bill would take critical steps to help workers receive the full pay they’ve earned for all hours worked, including overtime pay, and level the playing field for law-abiding employers.”

“Simply put, the biggest economic challenge currently affecting workers across the country is that they are in jobs that do not pay them enough to survive. People are struggling. Every day, countless workers are punching in and working long hours for an honest day’s pay only to have their employers cheat them out of their wages. That is inexcusable, and Congress has the responsibility to act to ensure hard working people receive their hard-earned wages,” said Chair DeLauro. “The Wage Theft Prevention and Wage Recovery Act is comprehensive legislation that will strengthen current federal law and empower employees to recover their lost wages. Whether it is compensation for a day’s work or overtime, employees should be paid what they earn. This legislation puts workers first and boosts economic security for families while helping our economy grow.”

“No worker should ever be cheated out of the hard-earned pay they have worked for—it’s as simple as that,” said Chair Murray. “That’s why I’m proud to join my colleagues to reintroduce the Wage Theft Prevention and Wage Recovery Act, which strengthens federal protections to make sure all workers are paid for the work they’ve done—and can fully recover wages their employers have stolen from them. It’s time we pass this commonsense bill and ensure workers across the country get paid what they’ve earned.”

(Read More)