California State Labor Comish Fights On against Labor Law Violations
To that end, Su and her team have achieved settlements amounting to more than a half million dollars following an investigation into recent California labor code violations. As stated in a press release issued by the Office of the California Labor Commissioner (4/25/13), four general contractors involved with four different public works projects in the State face wage assessments and penalties totaling $610,186.
According to the report, Joseph Brothers Inc. of San Leandro was hired by three general contractors to undertake drywall work and related construction on three projects under the auspices of the State of California. Joseph Brothers Inc., it was alleged, committed various violations under California prevailing wage law - including the issuance of NSF checks to their workers.
However, while it was alleged that Joseph Brothers committed the violations under California employee labor law, the general contractors hiring Joseph Brothers were held jointly responsible for the unlawful actions of its subcontractor.
“Construction contractors are on notice that the Labor Commissioner has reinvigorated and focused her public works enforcement efforts to provide a fair and level playing field for those businesses who comply with public works requirements,” stated Christine Baker, director of the Department of Industrial Relations (DIR).
The wage violations were against 28 workers employed by Joseph Brothers. All 28, according to the release, will receive the full value of their earned California prevailing wages under the terms of the California labor lawsuit settlement.
The general contractors were involved in the following public works projects: a sanitary sewer in Martinez for the Central Contra Costa Sanitary District, a low income apartment housing project on Addison Street in Berkeley and the Twin Cities police station in Corte Madera. Joseph Brothers is a drywall and carpentry subcontractor hired by the three general contractors, identified as Bobo Construction of Elk Grove, who will pay $225,000 in wages and penalties. Midstate Construction of Petaluma faces $31,437 in penalties; and Jeff Luchetti Construction of Larkspur will be required to ante up $54,249.
In addition to reimbursing their workers for lost wages, Joseph Brothers Inc. faces $37,650 in additional penalties.
A fourth general contractor hired to undertake work at the Oakland Library branch located on 81st Street faces penalties totaling $299,500 in association with various California labor employment law violations against three workers. An investigation by the Office of the Labor Commissioner found that three employees of NBC General Contractors Corporation were not paid for all hours worked.
It was further alleged in the California labor lawsuit that workers were required to pay a portion of their wage to their employer in the form of a kickback. In April 2011, the president of NBC General, Monica Ung, pleaded guilty in Alameda Superior Court to various charges under California state labor laws, according to the release.
“Wage theft on public works projects in California not only cheats workers of their hard-earned wages, it is a violation of the public trust,” said Labor Commissioner Su, in the California and labor law release. “These cases send a message to general contractors that they should make sure they are working with legitimate contractors who abide by the law, and my office will do everything in our power to recover unpaid wages.”
It also sends a message to workers that you shouldn’t just roll over and take employer abuse. You have a right to compensation.
1 Comment
ken kellogg
January 16, 2014