Fair Contracting Foundation of Minnesota

January 2020 Newsletter

Trades Women Build Nations: Epic Movement in the Making

The next generation of building trades members came to Minneapolis in October. To organize, to learn, but most importantly, to celebrate being in the trades.

The 9th National Trades Women Build Nations Conference solidified itself as the North America’s Building Trades Union’s (NABTU’s) largest annual gathering. More than 2,700 women from across North America attended, surpassing last year’s total. Equally impressive is that the attendees paid their own way.

“The people in leadership who attended were very surprised at the pride women have in being union trades workers. They couldn’t believe the energy of the conference as a whole,” said Vicki O’Leary, chairwoman of the NABTU committee. “More general presidents taking a role is exactly what we need to keep women’s membership growing.”

Local Minnesota unions and their leadership made a strong contribution to the success of the conference according to Jessica Looman, executive director of the Minnesota Building Trades. “The conference was very well supported by the locals. One thing really exciting to see was local union leadership really embrace the conference not just by asking their members to attend but by encouraging them to be leaders,” she said.

(PDF Copy of January 2020 Newsletter)

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Wage theft: An underreported crime

Catholic News Service |Mark Pattison
February 21, 2020

A rising tide lifts all boats, according to the popular economic adage.

But what if the reverse also is true? What happens when wages are depressed, and illegally so?

The Catholic Labor Network, based in Washington, is testing that theory right now through its Mid-Atlantic Construction Wage Theft Project. It has sent a man to construction sites in Maryland and the District of Columbia to talk to workers to learn who hired them and how much they’re getting paid.

Ernesto Galeas, who has gone to the job sites, said a growing number of builders are going through labor brokers to obtain workers. The brokers get their fee – and, according to Galeas, the workers get about $10 an hour with no overtime, no Social Security, no worker’s compensation and no health insurance. …

In a February phone interview with Catholic News Service, Galeas said: “In every job that I visit, most of them have labor brokers in drywall, carpentry, siding, plumbing, electricians. I would say that of 10 jobs, eight of them are under labor brokers.”
While labor brokers were more common in new-home construction, it has spread to commercial development, he added. …

The attorney general’s office in the District of Columbia levied fines this winter totaling roughly $3.25 million against three firms found to have violated the city’s wage-theft law. Some of that money will go to workers as back pay. Two of the three companies specialize in drywall hanging and electrical work.

D.C.’s Workplace Fraud Act, which applies to the construction industry, requires companies to classify most workers as employees. Those who violate the law can face significant fines. Maryland has a similar bill, hence the Catholic Labor Network’s focus there with its wage-theft initiative. …

California passed the Private Attorneys General Act, which allows workers to stand in the shoes of their state’s labor department and seek civil penalties for wage theft; they also generate millions in new revenue for state enforcement agencies, expanding their capacity to root out wage theft. Such legislation also has been proposed in New York, Oregon, Maine, Massachusetts, Vermont and Washington. …

A 2017 study by the Economic Policy Institute found 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.”

In examining the 10 most populous states, which hold a bit more than half the U.S. population, wage theft comes to more than $8 billion a year. “If the findings for these states are representative for the rest of the country, they suggest that the total wages stolen from workers due to minimum wage violations exceeds $15 billion each year,” the report said.

Just how much is that? David Cooper, a senior analyst at the Economic Policy Institute and co-author of the report, told CNS that “when you look at the amount of wage theft that takes place, it’s significantly more than the value of property theft.” The report quotes FBI statistics from 2015 that show the combined value of money and property stolen in robberies, burglaries, larceny and motor vehicle theft in the United States was $12.7 billion.

“The magnitude,” Cooper said, “is a lot larger than people think.”

(Read More)

Illinois law promoting diversity in construction set to take effect (IL)

Posted by Adam Redling
December 30, 2019

Illinois Governor J.B. Pritzker signed Illinois Works Jobs Program legislation Dec. 10 to strengthen a pillar of the state’s Rebuild Illinois initiative and increase diversity in apprenticeships for construction and the building trades. Senate Bill 177 takes effect Jan. 1, 2020.

Rebuild Illinois is a $45 billion capital program designed to improve the state’s infrastructure and provide resources to those in the building profession.

The Illinois Works Jobs Program will help ensure that Illinois residents from all communities not only benefit from capital projects, but also have access to careers in the construction industry and building trades.

The law encompasses a $25 million investment and works through community-based organizations. These organizations will help recruit new apprentices to work on construction projects and sets strong apprentice participation goals of 10 percent on public works projects. Through this pre-apprenticeship program, bid credit program and review panel, the new law is designed to help ensure the Illinois Works Jobs Program can build and maintain a diverse workforce on Rebuild Illinois projects.

“Rebuild Illinois is the largest, most robust capital plan in state history. We’re working with our partners to make sure every community in the state benefits from these good jobs-especially those who have been left out for far too long,” Pritzker says. “We’re putting Illinois’ government back on the side of working families, designing a state that is economically prosperous not just for the few, but for every Illinoisan, no matter the color of their skin or their ZIP code.”

(Read More)

Power Design to Pay $2.75 Million to Resolve Wage Theft Lawsuit (DC)

D.C. Office of the Attorney General alleges national electrical contracting company misclassified more than 500 workers as independent contractors. This settlement is OAG’s largest recovery to date in a wage enforcement action.

January 23, 2020

Attorney General Karl A. Racine recently announced that Power Design, Inc., a national electrical contractor headquartered in St. Petersburg, Fla., will be required to pay $2.75 million to workers and the District as part of a settlement in a wage theft and worker misclassification case. The settlement with the Office of the Attorney General (OAG) resolves a 2018 lawsuit against Power Design and two subcontractors that staffed its worksites for allegedly misclassifying more than 500 electrical workers as independent contractors instead of employees to cut labor costs. OAG also alleged that Power Design cheated workers out of wages and benefits and failed to pay District unemployment insurance taxes.

Under the terms of the settlement, Power Design will be required to: …

  • Pay $50,000 to support apprenticeships, job training, or workforce development opportunities to District residents.
  • Implement new policies and procedures to ensure compliance with the District’s minimum wage, overtime, paid sick leave, and worker misclassification laws.

(Read More)

Press Release: AG Racine Announces Two District Employers Must Pay Nearly $500K In Unpaid Wages To Workers And Penalties (DC)

News Release – DC Office of the Attorney General
Jan. 2, 2020

WASHINGTON, D.C. – Attorney General Karl A. Racine today announced that the Office of the Attorney General (OAG) resolved two wage theft enforcement actions against two District employers that require them to pay nearly $500,000 in relief to harmed workers and penalties to the District. In a settlement with the Office of the Attorney General (OAG), Rock Spring Contracting, LLC, a construction company, is required to pay over $280,000 for allegedly misclassifying workers as independent contractors and depriving them of legally-mandated paid sick leave and overtime pay. …

Under the District’s Workplace Fraud Act, which applies to the construction industry, companies are required to classify most workers as employees and those who fail to do so can face significant penalties. …

OAG’s Increased Efforts to Fight Wage Theft

In 2017, OAG worked with the Council of the District of Columbia to grant the agency independent authority to investigate and bring wage theft cases, and to increase penalties on employers who violate the District’s wage and hour laws. Since then, OAG has launched more than 30 investigations into wage theft and payroll fraud and has taken action against a home health care provider, a national electrical contracting firm, KFC franchises, a cell phone store, a cafe chain, and other businesses that harmed District workers. AG Racine also recently testified before Congress and highlighted findings from an OAG report about how worker misclassification-a type of payroll fraud-hurts workers, undercuts law-abiding businesses, and cheats taxpayers. Read our latest factsheet on OAG’s work to protect District workers.

(Read More)

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UC Davis housing contractor gets 10 years in prison for fraud (CA)

Nov. 17, 2019

DAVIS, Calif. – A 56-year-old Colorado man who fraudulently became a UC Davis housing contractor has been sentenced to 10 years in prison for insurance fraud, wage theft, perjury and grand theft, officials said. …

Thompson then secretly ran the business using the fraudulent license, officials said.

His business was able to obtain a contract with UC Davis to build student housing. During construction, he stole more than $633,000 of his employees’ wages, defrauded the California State Compensation Insurance Fund and committed perjury to conceal his fraud. In all, he caused a total loss of more than $2 million, according to the district attorney’s office.

(Read More)

Construction firms owe $1.1 million in back pay (IL)

State decision on prevailing wage follows complaint by carpenters council.

By David Roeder
Feb 24, 2020

The Chicago Regional Council of Carpenters said Monday the developer and subcontractors that built a senior living center in Northbrook have been ordered to pay $1.1 million to employees for violating state law on prevailing wages and benefits.

The Illinois Department of Labor, responding to charges the council filed, ordered the back pay for employees who constructed the Lodge of Northbrook, a 164-unit facility at 2150 Founders Drive, Northbrook. The project benefited from bonds issued by the Illinois Finance Authority, making it subject to the state’s Prevailing Wage Act. …

Executive Secretary-Treasurer Gary Perinar of the carpenters council said the back pay award is the largest in its history. He said many workers will receive thousands of dollars paid out over a year.

“We have a new department dedicated to combating wage theft and are putting unscrupulous contractors on notice that cheating workers and taxpayers will not be tolerated,” he said. The council is a part owner of Sun-Times Media. …

“Wage theft and the loss of tax revenue affects everyone,” Perinar said. “It takes advantage of workers, many of whom are unaware of their right to receive fair wages and benefits for themselves and their families. It puts signatory union contractors at a disadvantage for competitively bid projects. And it cheats communities out of tax dollars to increase future growth, new projects and public services. Thanks to our research team for discovering this injustice and to the Department of Labor for enforcing the law.”

(Read More)

Study: Construction apprenticeships lead to higher average pay than college degrees in Illinois (IL)

AUTHOR: Kim Slowey
PUBLISHED: Jan. 16, 2020

Dive Brief:

  • The Illinois Economic Policy Institute, in conjunction with the University of Illinois at Urbana-Champaign’s Project for Middle Class Renewal, released the results of a study that found that those enrolled in joint labor-management registered apprenticeships experience comparable training hours, graduation rates and pay as those who attend a four-year university in Illinois. …
  • Despite the potential for periods of unemployment due to the cyclical nature of the construction industry and accounting for the gaps between when a job is over and the next one starts, a union journey worker ($2.4 million) can expect to make about as much as someone with a bachelor’s degree ($2.5 million after student debt) during the life of their career. While the total earnings figure factors in student loans, those who “earn while they learn” through apprenticeships don’t have the burden of student debt.

Dive Insight:

  • Joint construction programs have had a 54% completion rate since 2000, comparable to a public, four-year university’s rate of 61%.
  • The racial makeup of graduates from joint construction programs is similar to that of public universities in Illinois.
    Sometimes, apprenticeships in specific trades in Illinois can result in even higher wages. After completing a five-year apprenticeship through the International Brotherhood of Electrical Workers-NECA (National Electrical Contractors Association) Institute a journeyman wireman in Illinois makes more than $49 per hour.

(Read More)

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Following Hard Rock collapse, council and Mayor begin work on ‘responsible bidders ordinance’ (LA)

By Michael Isaac Stein
24th February 2020

A New Orleans City Council committee on February 12, heard presentations from labor union leaders, officials with the Louisiana Workforce Commission and other labor advocates about a proposal for the city to pass a “responsible bidders ordinance” in order to hold current and prospective city contractors accountable for the treatment and safety of their employees.

While the details have yet to be worked out, proponents of such an ordinance called for a requirement that companies seeking city work disclose past safety violations and labor complaints as part of their bids.

Public calls for such an ordinance have grown in the months following the October collapse of the Hard Rock Hotel on Canal Street. The incident killed three workers and injured over a dozen more.

Labor advocates told the council’s Economic Development & Special Development Projects Committee on Wednesday that such a disaster was inevitable given the current climate of construction contracting in the city. They argued that public bid laws that apply to construction contracts, which require the city to choose the firm offering the lowest price, drive companies to cut costs wherever possible to the detriment of their employees.

“This has been going on for a really long time,” said Chip Fleetwood, director of business development for the local chapter of the Painters and Allied Trades International Union. “We’re to a point where it’s almost like the wild, wild west. It was only a matter of time before something like that happened. In the building trade’s opinion, we knew there was going to be a breaking point. And we’re at the breaking point now. If something isn’t done, if we don’t really hold contractor’s accountable, it’s going to happen again.” …

Erika Zucker, policy advocate at the Workplace Justice Project at the Loyola College of Law, argued that transparency, monitoring and enforcement should all be part of the equation. She said that major changes should be made to how the city considers and chooses contractors. Instead of just relying on the lowest quote, she said that contractors should have to disclose much more info, such as past labor law and safety violations.
She also said the city should create a fair contracting task force to implement and enforce the new rules.

The Hard Rock Hotel was a private development, not a public one, so the city wasn’t party to the construction contracts. Even so, Zucker argued that a responsible bidders ordinance would still have an effect on private developments.

“The city becomes overall the most responsible contracting entity and sets an example for the region,” she said.

Zucker also argued that the ordinance should be applied to any project that are either “wholly public projects or projects that use public money that looks more like a public-private partnership, which can look like anything from a tax incentive to joint operation.”

(Read More)

Attorney General finds Dracut violated procurement, wage laws (MA)

Meg McIntyre
February 11, 2020

DRACUT – A months-long Attorney General review of town procurement practices came to a head Tuesday night as the Board of Selectmen voted to approve a settlement addressing allegations that Dracut violated procurement and prevailing wage laws. …

The review also found that the town did not request the prevailing wage rate schedule from the state Department of Labor Standards prior to putting several projects out to bid, and failed to include the rate schedule in bid documents provided to bidders and selected contractors, according to the office, violating prevailing wage laws.

The settlement, which is contingent upon court approval, requires Dracut to hire an experienced procurement officer and provide training to staff on procurement and prevailing wage laws. The town will also be subject to monitoring by the Attorney General’s office going forward.

(Read More)