Wareham Paving Company Cited Over $1 Million for Not Paying Workers and Failing to Keep Payroll Records on Public Projects

Posted by National Alliance for Fair Contracting on

Jan. 19, 2022
FOR IMMEDIATE RELEASE:
Office of Attorney General Maura Healey
The Attorney General’s Fair Labor Division

BOSTON — A Wareham Company and its owners have been cited more than $1.2 million in restitution and penalties over allegations that they did not pay prevailing wages to employees and failed to furnish accurate payroll records, Attorney General Maura Healey announced.

Rochester Bituminous Products, Inc., its President, Thomas Russo, Manager, Albert Todesca, and Treasurer, Michael P. Todesca, were issued 25 citations by the AG’s Office for failing to pay prevailing wages to employees on various public projects including projects for the City of Boston, Town of Mattapoisett, and the Boston Water & Sewer Commission, and failure to furnish true and accurate payroll records to the AG’s Office, and failure to submit true and accurate certified payroll records to an awarding authority on a weekly basis for work performed to the above mentioned locations as well as Plymouth, Abington, Canton, Weymouth, Bridgewater, and Sharon. Through the citations, the AG’s Office is seeking penalties from Rochester Bituminous for its violations of state labor laws, and restitution for 22 employees it allegedly harmed.

“Companies have an obligation to pay their workers the wages they’ve earned,” said AG Healey. “We are issuing these citations to secure relief for workers who were cheated by this company’s illegal practices.”

In 2019, the AG’s Fair Labor Division began investigating whether Rochester Bituminous was paying its workers the proper prevailing wage for paving work done for the City of Boston. The division also received several complaints from past and present workers of the company, alleging that they had not been paid prevailing wages for work performed.

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Prevailing Wage Database Allows Public to Monitor Wages Paid on Projects

Posted by National Alliance for Fair Contracting on

Mattoon, IL, USA / MyRadioLink.com
Dec 7, 2021

SPRINGFIELD – Beginning January 1, 2022, the Illinois Department of Labor (IDOL) will be responsible for maintaining a database that allows the public to search certified payrolls submitted by construction contractors on public works projects subject to the Illinois Prevailing Wage Act. This is the result of Public Act 102-0332 that was passed by the General Assembly and signed by Governor Pritzker.

“This is a step toward transparency in public spending that will help keep employers accountable,” said Illinois Department of Labor Director Michael Kleinik. “It will also allow public bodies to monitor the wages paid on projects they initiate.”

In 2020, IDOL began accepting certified payroll submissions from construction contractors on public works projects subject to the Illinois Prevailing Wage Act. Contractors are required to file those certified payrolls by the 15th of each month. This is done to ensure contractors are complying with the Illinois Prevailing Wage Act.

By the 16th day of each month following the month work was performed, IDOL will make relevant information available to the public.

That information includes each worker’s classification, skill level (such as apprentice or journeyman), gross wages paid in each pay period, number of hours worked each day, start and end times of work each day, hourly wage rate, hourly overtime wage rate, and hourly fringe benefit rate.

The database shall be searchable by contractor name, project name, county in which the work was performed and contracting public body.

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Two Florida companies underpaid workers $175,000. Now, one can’t bid on federal contracts (FL)

Posted by National Alliance for Fair Contracting on

BY DAVID J. NEAL
MARCH 05, 2020 06:54 AM

Two Florida electrical contractors paid $175,413 in back wages and fringe benefits to workers after they violated numerous federal guidelines while working on a West Palm Beach apartment building.

The Department of Labor said Monday the back compensation went to 46 workers or $3,813.32 per worker of Tampa’s Southern Integrated Systems and subcontractor West Palm Beach’s J & Brothers Electrical Corp. This all happened while working on Royal Palm Place in West Palm Beach.

Also, Southern is debarred or banned from bidding on federal contracts for three years.

The company run by manager Jason Dinger, according to state of Florida records, didn’t pay electricians overtime when they earned it, Labor said.

On top of that, Southern “submitted falsified certified payroll records that failed to report accurately all the hours employees worked on the project. Although the employees worked overtime every workweek, the certified payroll did not reflect those hours.”

J & Brothers, run by Juan Vincente Escalante, also tried some shucking and jiving with payroll records. Labor’s Wage and Hour Division investigators saw records that said overtime hours had been paid properly, “despite the employer’s admission that they paid their workers at straight-time rates for all the hours that they worked.”

When some workers spent part of the day or week on other projects, J & Brothers didn’t keep a proper record when they were working on the Royal Palm, a federal project – thus requiring paying the area’s prevailing wages and fringe benefits – and when they were on another project. There was no way for J & Brothers to pay employees accurately.

The “prevailing wages” requirement comes from Davis Bacon and Related Acts. Paying straight time for all hours worked, when there should’ve been overtime violates the Fair Labor Standards Act and the Contract Work Hours and Safety Standards Act (CWHSSA).

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Winchester construction company failed to pay workers minimum wage (MA)

Posted by National Alliance for Fair Contracting on

Posted Aug 1, 2018 at 5:46 PM

A Winchester construction company J. Donlon and Sons Inc. has paid more than $121,000 in wages and penalties for violating the Massachusetts prevailing and minimum wage laws by failing to properly pay workers on a Medford public works project, Massachusetts Attorney General Maura Healey announced today. The company is located at 86 Cross St. in Winchester.

“This company and its owners gained an unfair advantage by cheating their workers out of the wages they earned,” said Attorney General Healey in a press release announcing the settlement. “With this settlement, we are sending a message that there are serious consequences to breaking our laws.”

J. Donlon and Sons Inc.’s owner Joseph M. Donlon Sr., and his two sons Joseph M. Donlon Jr. and Sean Donlon, were cited for intentionally failing to pay prevailing wage, failing to submit true and accurate certified payroll records, failing to pay the state minimum wage and failing to maintain true and accurate general payroll records from January 2012 through December 2016, according to the release. As part of the settlement, the company and all three corporate officers are prohibited from bidding or working on any public works construction project in Massachusetts for 10 years.

The attorney general’s Fair Labor Division began investigating J. Donlon and Sons after a former employee submitted a complaint alleging he was not paid the proper prevailing wage rate for work performed on a city of Medford utility trench patching public works project. According to the release, the attorney general’s office determined that employees on the project were paid far less than the established prevailing wage rate. During one three-year period, for example, employees were paid an hourly rate of between $8 and $20 when they should have been paid between $51.35 and $54.10 per hour.

The company also submitted certified payroll records to the city of Medford during certain years that listed only members of the Donlon family as having worked on the project and omitted other employees, the attorney general’s office stated. The investigation found that general payroll records were also inaccurate, and two employees were paid less than the applicable minimum wage.

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Ashland contractor ordered to pay $117K to employees

Posted by National Alliance for Fair Contracting on

By Bill Shaner
July 29, 2016

 

BOSTON – An Ashland contractor must pay $117,000 in restitution after the Attorney General’s Office cited him for not paying employees fairly while they worked on the Acushnet Police Station.

On-Time Construction Services owner Jonatas Vicente de Brito violated the state’s wage law and failed to submit “true and accurate” payroll records, according to a release from Attorney General Maura Healey’s office Friday.

The AG’s investigators found that On-Time failed to pay three workers the prevailing wage, and that one wasn’t paid anything until the AG began its investigation a year ago. During this time, On-Time reported that its employees were paid the prevailing wage.

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Employees’ Actions Lead To Contractor’s Conviction And Level The Playing Field

Posted by National Alliance for Fair Contracting on

February 11, 2015

SACRAMENTO, Calif., 

 

Feb. 11, 2015/PRNewswire/ — Licensed electrical contractor  Calvin Harris, of Harris Electric, was convicted of eight felony counts on February 9 for not paying employees prevailing wages and falsifying documents to conceal his actions. The investigation was conducted jointly by the Alameda County District Attorney’s Office, the California Department of Industrial Relations and the California Department of Insurance. According to Alameda County District Attorney Nancy E. O’Malley’s press release, two of Harris Electric’s employees reported being victims of the wage theft on three public works’ projects – Alameda County General Services Agency (Santa Rita Jail Solar Project), the Port of Oakland and the City of Fremont – which led to the investigation of Harris.  According to the press release, “A comparison of Harris’ payroll records for the Alameda County projects revealed employee wage theft violations of $359,347.89,” which impacted 11 employees.

Mass. Window Company Settles Prevailing Wage Law Allegations

Posted by National Alliance for Fair Contracting on

BOSTON (Legal Newsline) – Massachusetts Attorney General Martha Coakley announced a $109,000 agreement on Tuesday with an Easthampton window company to resolve allegations it violated the state’s Prevailing Wage Law.

R&R Window Contractors Inc. allegedly failed to pay the proper prevailing wage and failed to submit true and accurate payroll records connected with several public works projects throughout the state.

“The prevailing wage law ensures a level playing field for contractors and their workers who build our public schools, libraries, police stations and other public facilities,” Coakley said. “The enforcement of these laws protects workers’ rights and our taxpayer dollars.”

Coakley’s Fair Labor Division received complaints alleging that R&R was not properly paying workers performing glazier and carpentry work under the prevailing wage laws.

Between June 1, 2010 and March 28, R&R allegedly failed to pay some of its workers the correct prevailing wage rate and failed to submit true and accurate certified payroll records to the awarding authorities on nine of their public works construction projects.

R&R fully cooperated with Coakley’s inquiry and agreed to pay more than $109,000 in restitution and penalties to 43 current and former employees.

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