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The Rap Sheet
The following contractors were recently ‘rapped’ by the Massachusetts Attorney General’s Office for violating the state’s wage and hour laws. The Foundation for Fair Contracting was involved in each citation, from meeting and advising workers, to providing information.
ARC Environmental Specialists Inc. and its president, Rith Chhim of Peabody, MA were ordered to fork over $75,000 to construction workers who worked on school projects from Upton to Danvers. An investigation by the AG’s office found that Chhim was guilty of prevailing wage and record keeping violations on 15 different public works projects. As part of the settlement, Chhim agreed to pay $55,000 to a total of 53 employees. Projects on which the violations occurred include the Holten-Richmond School in Danvers, the Veterans Memorial High School in Peabody, the Memorial Elementary School in Upton and the Watertown High School in Watertown.
Brighton Construction Inc. and Peter Macone of Newton, MA must pay $29,599 after failing to pay the prevailing wage to construction workers on the Arlington/Maynard/Ft. Devens Sidewalk Construction public works project. The company was also fined $5000 for failing to submit true and accurate payroll records while employed on the project.
Precision Door & Window Inc., and Albert Distefano of Stoughton, MA have been ordered to pay a total of $7,395 to seven employees who worked on the Watertown Housing Authority public works project between June and September of last year. Workers on the Watertown job contacted the FFCM last spring and reported that they were being underpaid. In addition to $6,630 in backpay, Distefano was also fined $765 for misclassifying the workers.
Vegetation Control Service, Inc. and Laurey Kenerson of Athol, MA were ordered to pay a total of $7,190 after failing to pay workers in a timely manner. The FFCM learned of the potential problems last year after being alerted that the company was refusing to submit certified payroll records to local awarding authorities as state law requires.
Bortolotti Construction and Robert Bortolotti of Marston Mills, MA must pay $5,311 after failing to pay the prevailing wage to six employees on the Wannacomet Water Main Replacement project in Nantucket, MA. Workers on the project notified the FFCM that they were being paid less than the law requires. The workers eventually received more than $4,000 in backpay, while Mr. Bortolotti was also ordered to pay a $1,180 penalty for breaking the law.
Electronic Environmental Corp. and Kenneth Rappaport of Marlboro, MA have been ordered to pay a total of $3,853 after failing to pay the prevailing wage to employees repairing generators. A total of four workers on the Boston Public Schools public works project were underpaid between May and June of 2006. In addition to the backpay received by the workers, Mr. Rappaport was also ordered to pay a civil penalty of $650.
Pro-Fit Mechanical Insulators, Inc. and William Frasier of Uxbridge, MA must pay a total of $1,137 for failing to pay employees on the Ashland School public works project the prevailing wage. Workers on the project notified the FFCM that the employer had failed to pay them their step raise as state law requires. In addition to the backpay, the employer also paid a penalty in the amount of $415.
L&H Construction, Inc. and Liliane M. Gately of Medford, MA were ordered to pay $603 after failing to pay employees the prevailing wage on the Needham High School public works project. The AG’s office found that Gately had underpaid three workers on the project between July and September of 2006.
The state of Massachusetts requires that public works contractors submit payroll records every week in order to ensure that construction workers are receiving the legally-required wage. If they fail to do so, they’ll be fined by the AG’s office. Get caught three times, and the contractor is barred from bidding on public works projects. The following contractors failed to submit payrolls.
Vegetation Control Service, Inc. and Laurey Kenerson of Athol, MA, various Mass highway herbicide application public works projects.
Guenther Construction, LLC and Robert Guenther, Bristol, CT, Easton Middle School project.
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