Long on Hours, Short on Pay

January 21, 2013 by Leave a Comment

Dear Compliance Man,

I worked construction last year on a public job and I’m pretty sure I got paid less than what I was supposed to be getting. If I’m right and my former boss owes me money, how do I get it back? What happens to him if it turns out that he was breaking the law?

–Shortchanged in Somerset

Dear Shortchanged,

You’ve come to the right place! If you suspect that you’ve been paid less than the prevailing wage on a public job, the Foundation for Fair Contracting can help. Contact us by phone, email, letter or fax. We’ll discuss your complaint with you and send you the form and information you need to start the process.

Using whatever information we receive from you and the additional documents we’ve collected, we’ll help you assemble as complete a complaint as possible for transmittal to the state enforcement agency – the Office of the Attorney General. Their Fair Labor Practices Division will assign an investigator to your case who’ll determine whether and just how much money you’re owed. Your investigator might also contact you for additional information. The Attorney General will notify you of the outcome. You can contact the Foundation at any time during the investigation process for updates. The Attorney General may also issue a citation and additional penalties against your former employer.

How long does the process take? This often depends on how clearly you’re able to document your case. And the sooner you get started, the sooner you’re likely to get the money you are owed!

REMEMBER:  Always keep a log of all your jobs – hours worked, work performed, wage rates – and your pay stubs so that if you need to file a complaint, you’ll have the records you need! We’ll be happy to send you one of our Log Books; just call 1-877-507-3247, email us at info@ffcm.org, or fill out this electronic form.

For more commonly asked Compliance Man questions, visit the Compliance Man archives. Send your question to info@ffcm.org.

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Working in Worcester? My Employer Says I Did…

February 3, 2010 by Leave a Comment

Dear Compliance Man,

I recently got a mailing from you folks and it showed me working on a construction project way out in Worcester. Well, I’ve never worked out there. So why would my name show up on some project that I’ve never worked on?

— Confused in Canton

Dear Confused,

Unfortunately the situation you described happens all too often.

Here’s how it works: Massachusetts requires every contractor who works on public construction projects to submit certified payrolls to the state, showing who’s working on the project and how much they’re getting paid. Some contractors pad their payrolls with fake names to avoid paying the legally-mandated wage. Some of these ghost workers are just that—ghosts—but others are like you, real folks who are listed on projects they’ve never worked on.

So what does it mean for you? Other than an unpleasant surprise, not much. But for the employer who misused your name, it’s likely to mean all sorts of trouble. Contractors who pad their payrolls with “ghosts” often have plenty to hide, and the Attorney General won’t hesitate to look into this contractor’s story.

Thanks for writing!

For more commonly asked Compliance Man questions, visit the Compliance Man archives. Send your question to info@ffcm.org.

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But I’m an Employee, Right?

January 14, 2010 by

Dear Compliance Man:

I got hired as a painter six months ago. I was happy to find work but there’s always been something kind of funny about this job. My boss says that we’re not employees but independent painters. Since I started, I’ve worked on a couple of schools and some private stuff and I always get paid the same flat rate, no taxes taken out. Is this illegal?

–Painted into a Corner

Dear Painted:

Thanks for writing. I understand how tough it is in this economy to come forward and question an employer when so many construction workers are out of work.

Your instinct is almost certainly correct though. For years, employers have been trying to skirt state and federal wage laws by claiming that you are your own boss. In fact, a study of construction contractors in Massachusetts found that 14% of them had wrongly classified their workers as independent contractors, denying them the wages and benefits they’re legally entitled to and sticking them with a major bill come tax time. Fortunately, both state and federal authorities have begun to crack down on this particular scam.

The bottom line: if your boss calls the shots about where and when you work and provides you with the equipment necessary to do your job, you are NOT an independent contractor.

For more commonly asked Compliance Man questions, visit the Compliance Man archives. Send your question to info@ffcm.org.

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Can My Wages Change Based on The States I Work In?

January 3, 2010 by Leave a Comment

Dear Compliance Man,

My husband is a heavy equipment operator for a company based in New England. Almost all the roadwork that they do is in Massachusetts, but he only receives the rate for our state, which is lower. Is he entitled to the MA rate when he is working there?

–An Inquiring Wife

Dear Inquiring Wife,

Yes. Regardless of the worker’s state of residence, union status, or employer’s business location, when working on public projects in Massachusetts, he is entitled to the full prevailing wage set for that project. Don’t let the boss play games with your husband’s pay. While the contractor may deduct for legitimate programs such as health and welfare or pension, etc., the entire package must add up to the full prevailing wage set for that trade.

The actual rate is supposed to be posted at the job site but more often it can be found inside the Clerk of the Works’ trailer. You can also call us for the specific project rate. Most importantly, be sure that your husband keeps a log book of all of his projects along with hours worked, plus all paystubs. We’ll send you a log book free of charge or you can download a simple log book here.

For more commonly asked Compliance Man questions, visit the Compliance Man archives. Send your question to info@ffcm.org.

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