Compensation

An attractive and competitive wage structure is of vital importance for sustaining high performance and value. An added benefits package further helps keep the focus on job, career and company successes. These are necessary components to attract and retain the right people to the construction industry.

California’s Department of Industrial Relations, the Employment Development Department, Contractor's State Licensing Board, Board of Equalization, the Bureau of Automotive Repair, and other California state agencies have teamed up to create the Labor Enforcement Task Force (LETF), which will be established effective January 1.  This will be the newest effort to battle the underground economy where workers are not given their legal rights or wages, and to level the playing field for businesses who uphold the law.

The Department of Insurance, the Attorney General and Local District Attorneys, and others will collaborate with LETF, sharing information and using new technology to better enforce existing laws.

The news distribution website PR Newswire (registration required), quotes Labor and Workforce Development Agency Secretary Marty Morgenstern as stating:   Read more » about California State Agencies Collaborate to Level Playing Field for Ethical Companies

On July 13, Construction Citizen shared a story first reported by Dallas/Fort Worth television station WFAA about misclassification of workers on a school construction project.  Last week, the same WFAA reporter submitted an update to the story.

The original story featured a subcontractor who lost the bid for work on Mansfield Independent School District’s Center for the Performing Arts to a competitor who does not pay payroll taxes, unemployment tax, or workers’ compensation insurance.  Following the investigation and airing of the story, the Texas Workforce Commission (TWC) charged Mireles, the subcontractor who was hired for the project but did not pay those taxes, for Read more » about Update on Misclassification in Texas Construction

Connecticut newspaper The Stamford Advocate reported that subcontractor John Dosky, owner of American Building Group LLC, was recently arrested by Connecticut State Police for wage theft violations against three brothers, one of whom died from a fall while working for him.  Dosky was charged with three felony counts of “failure to pay wages” for owing the brothers almost $8,000 in unpaid wages.  The Department of Labor is also taking action against his company for misclassifying these and other employees as independent contractors, a practice known as payroll fraud.

The death occurred in October after 36-year-old Javiar Salinas fell more than 50 feet at the Chelsea Piers sports complex construction site in Stamford.  An article in The Danbury News-Times reported that Salinas’ estate is filing suit against each of his employers, including the developers (Chelsea Piers Connecticut LLC and Stamford Exit 9 LLC), contractor (Merritt Contractors Inc), subcontractor (AP Construction), and the sub-sub contractor (Dosky’s company, American Building LLC), because Salinas was not wearing a safety harness when he climbed to the roof that day, allowing a gust of wind to knock him off of the roof.

After the accident, Javiar’s brothers went to the Department of Labor to seek help in collecting Read more » about Contractor Charged with Felony Wage Theft Following Death of Worker

The US Department of Labor’s Wage and Hour Division (WHD) has a website with specific information about the issue of worker misclassification, also known as payroll fraud, and the measures being taken by each state to abolish it.  The website includes links to each Memorandum of Understanding which has been signed between the WHD and specific states’ Departments of Labor and Industry.  These agreements were created to promote compliance with laws already in existence within the states and to aid in communicating with employers and employees through training materials and coordinated enforcement actions in order to “protect the wages of America's workforce”.  Only eleven states have signed such agreements at this time.

The WHD website also contains links to each state’s Department of Labor, links to all WHD press releases categorized by region, information about related federal and state laws, workplace informational posters available for download in a variety of Read more » about Wage and Hour Division’s Employee Misclassification Website

According to an article in the Insurance Journal Online, advocacy groups and government organizations in Florida are bombarding lawmakers with suggestions for litigation which could curtail a rampant practice by disreputable contractors to defraud the state of workers’ compensation premiums.  This occurs when individuals set up fake subcontracting companies with workers’ compensation certificates and use those fake company names to get paid with checks payable to the non-existent companies.  They then cash the checks at check cashing stores, and pay the actual workers “off the books” with the cash.  The scheme has effectively become the status quo for doing business in some areas, and is estimated to cost the state of Florida millions of dollars in unpaid Read more » about Payroll Information Provided to Reduce Workers’ Comp Fraud in Florida

Governor Jerry Brown recently signed two new bills into law that will address the misclassification and wage theft issues in a much stronger fashion.  According to an Advisory received by Construction Citizen and issued by the law firm of Epstein, Becker, Green, the two bills are:

SB 459 directly impacts employers that classify workers as independent contractors.”  This bill imposes steep civil penalties ranging from $5,000 – $25,000 per incident with the upper levels reserved for those firms that exhibit a pattern of violations.  Additionally the penalties include the posting on the company’s website of a statement saying that they have been found guilty of a “serious violation of the law”.  Read more » about California Attacks Misclassification and Wage Theft with New Laws

Some employers who have been paying employees as independent contractors have now been given a chance to reclassify these workers and move forward without paying the penalties and interest which they previously would have owed for payroll taxes not collected.  In an effort to stop the widespread practice of payroll fraud in the United States, the Internal Revenue Service has offered a new program under which companies who qualify may voluntarily correct the way they pay their workers, and move forward with a clean slate.

On September 21 the IRS announced the Voluntary Classification Settlement Program (VCSP) for employers who meet certain criteria.  An article posted on the IRS’s website explains how a company may qualify for the program:  Read more » about IRS Allows Employers to Correct Payroll Fraud with Minimal Penalty

On Thursday, October 6, the Houston Interfaith Worker Justice Center (HIWJ) hosted an event to raise awareness of the wage theft crisis in America.  The Houston Wage Theft Forum featured moderator Francisco “Pancho” Arguelles Paz y Puente: former teacher, activist, author, co-founder of HIWJ, and current co-director of Colectivo Flatlander.  Attendees were invited to come and hear from a panel of workers from various industries who shared their experiences of wage theft abuse and from responsible business professionals who are struggling to remain competitive in a market where others are cheating their workers.  Dinner was provided as well as listening devices through which the entire evening was translated so that anyone who was not bilingual in English and Spanish could understand what each speaker said during the evening, which alternated between the two languages.  The purpose of the event was to encourage citizens to join the fight to make Houston, and ultimately the United States, a “zero tolerance place for wage theft   Read more » about Wage Theft Forum Held in Houston

Previously we interviewed subcontractor and human rights activist Brandon Darby about human trafficking in the U.S. and its impact on the construction industry.  During the interview, Darby stated: “Many people confuse the issue of human trafficking with illegal immigration, but they are not the same.”

The office of New Mexico Attorney General Gary King does not assist with immigration status, but does endeavor to help immigrants who are treated unfairly or unlawfully.  In their brochure titled Immigrant Consumer Services, the AG’s office explains:

“As immigrants adjust to life in America; enter the workplace; pay taxes; seek education; open bank accounts; and purchase goods and services, they often fall prey to consumer abuses that thrive in the low-income communities in which many immigrants live.”   Read more » about Another Reason to Hire Responsibly

Last week, Secretary of Labor Hilda L. Solis and IRS Commissioner Doug Shulman signed a “memorandum of understanding” between the US Department of Labor and the Internal Revenue Service (IRS).  The agreement is part of a continued effort to put and end to the practice by unethical employers of misclassifying their employees as independent contractors in order to avoid paying workers’ compensation insurance fees, overtime pay, federal payroll taxes and unemployment insurance for those workers.

Representatives of state labor agencies from Connecticut, Maryland, Massachusetts, Minnesota, Read more » about DOL and IRS to Share Data on Employers Who Commit Payroll Fraud

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