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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.
AG Asbestos Inc. of Lawrence MA and its owner, Regina Guzman of Methuen, MA, were each indicted on six felony charges, including workers’ compensation fraud, larceny by false pretenses and unemployment tax evasion. Guzman and the company allegedly underreported the company’s payroll by approximately $1.3 million to both its workers’ compensation insurer and to the Division of Unemployment Assistance. The company has also been accused of directing employees to cash their paychecks for a fee at a Lawrence liquor store. AG Asbestos then bought back the paychecks for 102% of their value.
Air Safe Contracting Company, Inc. and Kathryn Earls, of Wrentham, MA, must pay $109,515.90 in restitution and penalties for failure to pay prevailing wages and proper overtime rate for work performed on various public works projects in Massachusetts. The AG reports the contractor and its owner debarred from May 14, 2008 through May 13, 2009.
Reliable Window & Siding Inc. of Canton, MA and its owner Albert Distefano, Jr., must pay $95,346 in back wages and $5,000 in civil penalties after failing to pay prevailing wages to more than 50 employees who worked on the Edgewater Apartments Pynchon II Rehabilitation & County Lane Estates Improvement Work project in Springfield, MA. Workers on the project notified the FFCM that employees of the subcontractor were not receiving the prevailing wage.
Tornare Construction Corp. of Watertown, MA and its owner, James DiStefano, must pay eight employees $46,655.38 in back wages due to a missed step increase. The company was also fined $9,530 in civil penalties ($56,185.38 total) for failing to submit accurate certified payroll records for work performed on the Melrose Pump Station public works project. The AG’s office determined that the certified payroll records Tornare had submitted to the City of Melrose did not accurately reflect what the eight employees at the work site were really being paid.
Patriots Environmental Corp. of Worcester, MA and its owner, Ronald Bussiere, have been ordered to pay a total of $20,769 in restitution and penalties after failing to pay prevailing wages for work performed on the Auburn High School Parking Lot Demolition Project.
Vicheth Enterprise Inc. of Lowell, MA and its owner, Vanthy Keo, must pay a total of $19,414 in back wages and penalties after failing to pay prevailing wages for work performed on the Medfield Middle and High Schools. Between April 2004 and August 2004, the company underpaid 16 workers.
Barille Corporation of Marlboro, MA and its owner, Anthony R. Barrile, must pay a total of $14,669.67 in civil penalties and back wages after failing to pay prevailing wages to six employees who worked on several Massachusetts public works projects between 2004 and 2005. The company also failed to submit true and accurate certified payroll records for work performed on a number of projects including the Assabet River Rail Trail.
P.A. Landers has agreed to pay a total of $10,170.73 to 17 laborers who were employed on the Abington Route 18. The FFCM became aware, after reviewing certified payrolls, that the contractor had been paying a lower rate than the law requires and transmitted the case to the AG’s office. The case was settled; no citation was issued.
Veterans Scaffold Services, Inc. of Blackstone, MA and its president, Kenneth G. Schmitt, must pay $8,989.30 ($1,150 in civil penalties and $7,839.39 in restitution) after failing to pay prevailing wages for work performed on the Mount Wachusett Community College Library Renovations public works project in Gardner, MA.
Rockwood Corp. and its owner, Pierce A. Law of Syracuse, NY, must pay a civil citation in the amount of $7,500 for misclassifying employees as independent contractors for work performed on the Billerica Boston Rd. Standpipe Rehabilitation project.
Time Savers Inc. and its owner, John Gugliotta, of Hopedale, MA must pay $7,313.54 for failure to pay prevailing wages for work performed on five public works projects in Massachusetts.
Green Acres Landscape and Construction Co. of Lakeville, MA and its owner, Joseph Barbosa, were issued a civil citation in the amount of $5,544.47 for failure to pay prevailing wages for work performed on the Belmont Highland Meadow Cemetery public works project.
Premier Caulking of Derry, NH was issued a civil citation in the amount of $4,000 for failure to pay prevailing wages to workers on the Chelsea Soldiers’ Home public works project.
Arena’s Fencing Inc. of Springfield, MA and its owner, Mark Arena, must pay $3,715.41 for failing to pay overtime rate to employees who for worked on the Park & Athletic Fields Site public works project in Agawam, MA. The total includes a $780 civil penalty and $2,935.41 in restitution.
Fine Steel, Inc. of Perkasie, Pa and its owner, Mathew Fine, were issued civil citations for intentional failure to pay prevailing wages and intentional failure to furnish records for inspection in the amount of $3,570.52 while working on the Wastewater Treatment Facility public works project in Lee, MA.
D’Agostino Associates of Newton, MA and its owner, John D’Agostino, were issued civil citations in the amount of $3,155.40 for failing to pay prevailing wages for work performed on the Police Station in Dennis, MA and $2,862.85 for failure to pay prevailing wages for work performed on the Franklin DPW public works project.
Paul J. Rogan Co. Inc. of Braintree, MA and its owner, Paul J. Rogan, must pay $1,757.98 ($750 in a civil penalty and $1,007.98 in restitution) for failure to pay prevailing wages for work performed on the Police Area-1 Station public works project in Boston MA.
Nial Construction of Kittery, ME and its owner, David Sullivan, paid $1,632 in back wages and penalties after failing to pay prevailing wages to three workers who were employed on the North Reading Police Department project between August 2006 and March 2007.
AirCare Environmental Service Inc. and its owner, James M. Clary, III of Canton, MA, must pay civil citations in the amount of $1,331.40 for failure to pay prevailing wages and failure to submit certified payroll records to the awarding authority on a weekly basis for work performed on the Early Childhood Care project in Middleboro, MA.
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