Largest Single Wage Recovery in DOL’s 115-Year History (NY)

Employer Pleads Guilty to Theft of Wages, Convicted of Grand Larceny,
AGL Industries Will Return Stolen Wages to 499 Workers

AUGUST 13, 2019
Albany, NY

Governor Andrew M. Cuomo today announced that a joint investigation between the New York State Department of Labor and the Manhattan District Attorney’s Construction Fraud Task Force has led to a plea agreement that will return approximately $6 million in stolen wages to about 500 welders and iron workers, the largest single wage recovery in DOL’s 115-year history. The investigation began following a referral by the Manhattan District Attorney and Iron Workers Local 361 in February 2018.

“We have absolutely zero tolerance for any business that exploits workers and robs employees of hard-earned wages – period,” Governor Cuomo said. “With this plea agreement we’re holding AGL Industries accountable for its fraudulent practices and returning millions in stolen wages to hundreds of welders and iron workers.”

The joint investigation revealed that from November 2013 until December 2017, AGL Industries – based in Maspeth, Queens County – cheated workers out of overtime pay and wages owed and reported fraudulent financial information to the state. When workers brought concerns about underpayment to the company, they were told that there was nothing they could do to receive their proper wages.

This monumental victory for construction workers-who face some of the most treacherous working conditions of any industry and widespread exploitation-is the latest high-profile takedown by the Task Force aiming to prosecute wage theft to the fullest extent of the law.
The structural steel fabrication company has admitted to 3rd Degree Grand Larceny and will pay back the money on a five-year plan, starting with a $1.5 million payment on August 13th. Company official Dominic Lofaso also pleaded guilty to a Class D felony for Grand Larceny.

In total, AGL will be responsible for $6.25 million in restitution, which in addition to wage restitution also includes $260,855 in contributions due to the state’s Unemployment Insurance fund.

Matthew Chartrand, Business Manager for the Ironworker’s Local 361 said, “It is our job as labor leaders to assist all workers when they are being wronged. Through the efforts of the Construction Fraud Task Force, as well as the great team at the Department of Labor, one of the bad players in the construction field is being brought to justice. Thanks to all – this is a great job for the benefit of workers!”

In 2018, the New York State Department of Labor collected nearly $35 million and returned that money to approximately 35,000 workers victimized by wage theft and public work violations. Since 2011, DOL has recovered nearly $300 million in stolen wages and returned it to more than 280,000 workers who were cheated by their employers.

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City Looks to Pay Off Undocumented Workers Cheated by Contractors (NY)

BY JEANINE RAMIREZ 
PUBLISHED 8:14 AM ET JAN. 25, 2019

An asbestos abatement contractor using a Cropsey Avenue address in Brooklyn is one of more than 50 companies banned from doing city-funded work for allegedly underpaying workers.

“The reason these workers are cheated is because there is a feeling with some of these contractors that you can get away with that because the workers are immigrants or they may appear vulnerable,” City Comptroller Scott Stringer said.

Most of the companies did construction work or provided building services under city contracts.

Comptroller Scott Stringer says his office already has recovered $12 million from the companies for 1,500 people who suffered wage theft.

But Stringer says he’s recovered an additional $2.5 million that still must be distributed.Stringer added, “We want to locate the other 1,500 workers who were scammed and lost their wages. They’re out there. They’re out there in our boroughs. They could be around the corner.”

Many of the workers cheated by city contractors are immigrants. Stringer’s office cited the case of one man who eventually left the city and returned to Ecuador, where he was contacted and provided with his back pay.

“We had great news for him, we had the opportunity to send him a lot of checks with a significant amount of money that he received in Ecuador,” said Linda Machuca, Consul General of Ecuador in NY.

The cheated workers receive back pay plus interest, regardless of their immigration status. Immigrant rights groups and consulates are working with the city to locate some of those owed money. Officials say undocumented immigrants who receive wage awards will not be reported to Immigration and Customs Enforcement.

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