Five Orlando Residents Indicted For Scheme To Facilitate Evasion Of Payroll Taxes And Workers’ Compensation Requirements In Construction Industry

U.S. Attorney’s Office, Middle District of Florida
Thursday, October 24, 2024

Jacksonville, Florida – United States Attorney Roger B. Handberg announces the return of two indictments charging Eduardo Anibal Escobar (44), Carlos Alberto Rodriguez (45), Adelmy Tejada (56), Rene Mauricio Escobar (53), and Juana Nelida Escobar (45), all residents of Orlando, with conspiracy to commit wire fraud and conspiracy to commit tax fraud. Each wire fraud count carries a maximum penalty of 20 years in federal prison and each tax fraud count carries a maximum penalty of 5 years in prison. The indictments also notify the defendants that the United States intends to seek forfeiture of a total of at least $19 million as well as five residential properties located in Orlando, which are proceeds of the alleged wire fraud offenses.

According to the indictment, the defendants established companies that purported to supply labor for construction contractors. Florida law requires any business that engages in construction work to secure and maintain workers’ compensation insurance. The defendants applied for workers’ compensation insurance policies to cover a few employees and a minimal payroll. The defendants then entered into agreements with construction work crews, often consisting of undocumented aliens, pursuant to which the defendants submitted paperwork to construction contractors to obtain work for the work crews, falsely representing that the workers were the companies’ employees. The workers then performed construction work under the supervision and direction of the contractors.

The contractors wrote payroll checks to the defendants’ companies for this work and provided the checks to work crew leaders. The checks were deposited into bank accounts in the name of the defendants’ companies and the defendants withdrew cash, and sometimes wrote checks, for the workers’ pay and provided the cash and checks to the work crew leaders. However, before turning over the payroll, the defendants deducted a 6% to 8% fee for their services. The funneling of payroll from the contractors to the work crews in this way allowed the contractors and the work crews to disclaim responsibility for ensuring that required payroll taxes were paid, that adequate workers’ compensation insurance was provided, and that the workers were legally authorized to work in the United States.

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Department of Labor seeks Kentucky highway construction industry’s input to set accurate prevailing wage, fringe benefits for workers

Wage and Hour Division
October 28, 2024

The U.S. Department of Labor encourages employers and others in Kentucky’s highway construction industry to complete a statewide prevailing wage rates survey to help its Wage and Hour Division establish accurate pay and fringe benefits for workers on federally funded and assisted construction projects.

The Davis-Bacon and Related Acts require the department to set the prevailing wage rates that reflect the actual wages and fringe benefits paid to construction workers in the county where the work occurs.

The survey asks participants to provide information on wages employers paid on highway projects in Kentucky where construction occurred from Nov. 4, 2023, to Feb. 4, 2025. Not limited to federally funded construction projects, survey findings help the division in publishing accurate prevailing wage and fringe benefit rates in areas surveyed. Correct determinations also save contractors time spent requesting additional labor classifications. The department encourages all industry employers and stakeholders to participate.

The division strongly encourages online survey completion by Feb. 4, 2025, and will send notification letters to interested parties and contractors known to the agency with directions on how to access and complete the survey. To request a survey by mail or receive more information, contact the division’s Davis-Bacon Survey Center at (866) 236-2773 or email Davisbaconinfo@dol.gov.

Learn more about the surveys.

The Wage and Hour Division will provide two online briefings at no cost to employers and stakeholders to learn more about the survey process and obtain instructions for survey completion on Nov. 6 and Nov. 7, 2024. Register here to attend an upcoming briefing.

 

Register Now (11/21) EARNTalk: Advancing Equity and Worker Power in Apprenticeship Systems in Your State

November 4, 2024

High-Road Pathways to Union Construction Jobs: Advancing Equity and Worker Power in Apprenticeship Systems in Your State
2-3 pm ET, Thursday, November 21

Register here: Register

Celebrate National Apprenticeship Week with a discussion of state strategies for expanding high-road apprenticeship training systems. Right now, massive federal clean energy and infrastructure investments are spurring demand for skilled trades workers. Making sure these new jobs are good union jobs will require expanding access to registered apprenticeship programs, especially for Black, brown, and women workers historically excluded from many skilled trades occupations. How can state advocates and labor partners seize this moment of opportunity to advance worker power and equity in construction jobs?

Our line-up of experts will cover key questions including:
What is a registered apprenticeship? What’s the “union difference” in apprenticeship training, and how can state advocates partner with building trades unions to expand high-road training programs?
How do federal and state policy frameworks shape apprenticeship systems, and what do data show about current trends in apprenticeship training?
What opportunities exist to leverage federal funds to strengthen and expand apprenticeship programs that lead to good union jobs?

Speakers will include:
Melissa Wells, North America’s Building Trades Unions (NABTU)
Erin O’Brien-Hofmann, Finishing Trades Institute, Philadelphia
Russ Ormiston, Institute for Construction Employment Research (ICERES)
Steve Herzenbeg and Claire Kovach, Keystone Research Center

Join us to learn more about registered apprenticeship, strategies for expanding access to high-road apprenticeship training, and data that can inform work to achieve better job quality and more equitable outcomes for women and people of color in your state’s construction industry.

USDOL to Offer Online Prevailing Wage Seminars in 2025

Wage and Hour Division
October 21, 2024

Washington – The U.S. Department of Labor’s Wage and Hour Division will offer compliance seminars for contracting agencies, contractors, unions, workers and other stakeholders on the requirements for paying prevailing wages on federally funded construction and service contracts.

Part of the continuing effort by the division to increase awareness and improve compliance, the two-day seminars will offer sessions on the labor standards protections in the Davis-Bacon Act and the Service Contract Act, including how the department sets and administers prevailing wages and other topics. Participants can choose among the sessions offered either of the two days.

The upcoming seminars are scheduled on Nov. 13-14, 2024, and from March 18-19, June 25-26 and Sept. 24-25 in 2025.

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Department of Labor offers online seminar on prevailing wages for employers, workers on federally funded projects Aug. 29

Wage and Hour Division
August 6, 2024

WASHINGTON – The Department of Labor today announced its Wage and Hour Division will offer contracting agencies, contractors, unions, workers and other stakeholders an opportunity to attend an online seminar on Aug. 29 on requirements for paying prevailing wages on federally funded construction and service contracts.

Part of the division’s continuing effort to increase awareness and improve compliance, the day-long seminar will offer sessions on the labor standards protections in the Davis-Bacon Act and the Service Contract Act – including how the department sets and administers prevailing wages – and other topics.

“Prevailing wage laws empower workers by ensuring that federally funded construction and service jobs are good jobs with fair wages and benefits,” said Wage and Hour Administrator Jessica Looman. “The Biden-Harris administration’s historic investments in our nation’s infrastructure means a significant increase in the number of federal and federally funded projects, and the Wage and Hour Division is committed to ensuring stakeholders understand the labor standards protections critical to these investments.”

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Project labor agreements are good for the state and job growth

Elizabeth Warren
Chrissy Lynch
August 6, 2024

In the past three years, the Biden-Harris administration has delivered more than $20 billion in federal investment to Massachusetts. Thanks to four historic pieces of legislation — the American Rescue Plan Act, Infrastructure Investment and Jobs Act, CHIPS and Science Act, and Inflation Reduction Act — the United States is building roads and bridges, expanding broadband access, upgrading public transit and energy infrastructure, switching to electric school buses, funding research and innovation, supporting firefighters, and enabling community projects.

When these federal dollars flow into Massachusetts, project labor agreements help ensure that they support job growth. With a long history in both the public and private sectors, PLAs are collective bargaining agreements between workers and contractors that ensure good wages and benefits, safe working conditions, and sustained investment in the local economy and workforce. Under a PLA, Vineyard Wind will power 400,000 Massachusetts homes and businesses and generate nearly 1,000 union jobs — while it reduces emissions by 1.6 million tons and energy costs by $1.4 billion.

PLAs also ensure that federally supported jobs create meaningful opportunities across the board. Currently, Massachusetts Building Trades Unions train 80 percent of all apprentices of color and 88 percent of all women apprentices in our state, and they have been critical to achieving the Commonwealth’s diversity goals for construction. Under a PLA, Encore Boston Harbor casino employed more women than any project in history.

Those opportunities make a real difference. Nationwide, collective bargaining agreements raise wages for workers by 10.2 percent on average. They also help close racial wage gaps, boosting pay for Black workers by 13.1 percent and for Hispanic workers by 18.8 percent, and narrow the gender wage gap from 78 cents on the dollar to 83 cents.

Even so, some take issue with PLAs. To skeptics, we say, first, that if Massachusetts ditched PLAs, we’d lose out on federal funding that is tied to them. But it’s more than that. Multiple studies have found that PLAs do not increase project costs. In fact, to the extent that PLAs support union standards, costs are actually lowered. A 2022 study of 1,550 US construction projects found that use of union labor reduces overall costs by 4 percent.

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Indiana, Illinois, Iowa Foundation for Fair Contracting Applauds Updates to Valparaiso, in Responsible Bidder Ordinance

FOR IMMEDIATE RELEASE: May 30, 2024
CONTACT: Jill Gigstad, III FFC

In early July, the Valparaiso City Council voted unanimously to amend and strengthen the city’s local Responsible Bidder Ordinance (RBO), focusing on apprenticeship requirements for contractors bidding on publicly funded projects.

An RBO is a resolution incorporated into a public body’s procurement codes, outlining specific criteria contractors must meet to be eligible for public contracts. These ordinances ensure that public projects are awarded to contractors who are not only responsive but also responsible, employing skilled tradespeople, delivering superior work quality, and providing greater value to taxpayers by prioritizing training, labor, and safety. Since 2021, over 50 RBOs have been passed by local governments across Indiana.

Valparaiso has had an RBO in place since 2016. However, recognizing the need for more specific guidelines, the city has now updated the ordinance to include detailed requirements for apprenticeship graduation rates. The revised ordinance mandates that contractors and subcontractors bidding on Valparaiso public works projects worth at least $150,000 must participate in an apprenticeship training program that has graduated at least five apprentices each year for the last five years for each of the construction crafts the company will perform on the project.

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Updated federal grant guidance will help create good jobs

Bart Sheard
June 28, 2024

Recently, the Biden-Harris administration issued important updates to the Office of Management and Budget’s Guidance for Federal Financial Assistance, also known as the “Uniform Grants Guidance,” which sets parameters for how states and localities, and others, can spend federal money and award it to private entities.

These updates streamline and clarify requirements that will give state and local governments more opportunities to ensure federal funds are used efficiently while also advancing specific community goals and initiatives like good jobs, equity in recruitment and hiring, environmental sustainability, and uninterrupted delivery of services.

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NJDOL: Prevailing Wage Reminder for School Construction Work

New Jersey Business & Industry Association
June 25, 2024

Effective Aug. 15, contractors performing public work for schools and local governments are required to report certified payroll records via the online NJ Wage Hub portal as part of the state’s efforts to ensure compliance with prevailing wage laws.

Both public works contractors and contracting public bodies are urged to create their online accounts at the NJ Wage Hub well in advance of this date, the Department of Labor and Workforce Development said this week.

The DOL said that summer is typically a busy time for school districts that are hiring contractors to do construction work at their facilities and the state wants to ensure that both school boards and public contractors are following the rules.

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Minnesota Legislature Passes Prevailing Wage and Worker Protection Policies With Support From North Star Policy Action

Jake Schwitzer
Sarah Hinde

May 22, 2024

Minnesota is now the first state in the nation to add prevailing wage requirements to LIHTC-funded affordable housing projects

Late Sunday, May 19, 2024, the Minnesota Legislature passed a large omnibus package that included prevailing wage requirements for affordable housing projects that receive funds from Low-Income Housing Tax Credits (LIHTC).

Wage theft and worker exploitation have been persistent problems in Minnesota’s construction industry. Since 2016, workers on 25 projects that received approximately $31 million in LIHTC funding were potentially at risk of exploitation by known problem contractors. North Star Policy Action (NSPA) played a critical role in passing the provisions that will prevent continued worker abuse and exploitation, including releasing a report in November of 2023 that detailed the flow of public funding to contractors with long histories of abusing workers. Jake Schwitzer, NSPA’s executive director, testified in numerous legislative committees during the 2024 Legislative Session about the issue, helping secure inclusion in the omnibus bill.

“The passage of these worker protection provisions is an historic step for worker’s rights, and displays national leadership coming out of Minnesota. Our research exposed disturbing facts about public funding supporting known bad actors in the construction industry, and we are so thankful that the legislature responded to our findings to protect Minnesota’s working people.” Executive Director of NSPA Jake Schwitzer said. “We hope that this bill serves as a roadmap for other states to ensure that taxpayer funded housing projects don’t continue to fuel wage theft, payroll fraud, and other forms of worker exploitation. Thank you to the members of the Minnesota Legislature, Minnesota Housing Finance Agency, Minnesota Department of Labor and Industry, and Governor Tim Walz for your commitment to making Minnesota the best state in the nation for working people.”

LIHTC is one of the most common sources of public financing for affordable housing projects, yet these programs rarely include robust labor standards such as prevailing wage requirements. This legislation makes Minnesota the first state in the nation to add prevailing wage requirements to LIHTC-funded affordable housing projects.

Prevailing wage laws establish minimum wage and benefit levels based on the wages paid for similar jobs in the county where the construction project is taking place. These laws ensure that work on government-funded projects does not undermine local wage standards. The legislation also extends new worker protections across all projects supported by Minnesota Housing Finance Agency, like transparency of who is working on these projects, a Responsible Contractor Standard, and accountability for developers that repeatedly allow wage theft to occur on their projects.

“I want to thank North Star Policy Action for shining a light on what is an egregious problem that we need to solve, said Representative Mike Howard, Chair of the Housing Finance and Policy Committee earlier this legislative session. “When I first read this report I viewed it as a call to action. There is no way, no how that public dollars should ever support the kind of worker exploitation that is detailed in that report. We absolutely can and must build more affordable housing across Minnesota and we absolutely can and must do so in a way that pays living wages and honors and respects the Minnesotans who are building these homes, and that’s what this bill will do.”

Worker protection policies have tangible impacts on Minnesotans and families, such as Arturo Hernandez, who faced labor abuses while working for Painting America, a drywall and painting contractor. In 2019, he testified before the Minnesota House of Representatives Labor Committee, stating that his foreman had insisted on paying him with drugs, claiming he could make more money by selling them. Arturo refused and reported the incident to both Painting America and an enforcement agency. However, no action was taken against the company or the contractor, and Arturo has not been compensated for his three weeks of work. Legislation such as this ensures workers will be protected from similar exploitation.

“I’ve personally been a victim of exploitation in the housing construction industry,” said Hernandez.. “I was very glad to see the legislature take action on this issue and hope that it will protect me and workers like me from these abuses in the future.”

Minnesota Session Laws – 2024, Regular Session