Sacramento latest city to mandate local hiring (CA)

Posted by National Alliance for Fair Contracting on

By Kim Slowey
Aug. 23, 2018

Dive Brief:

  • The Sacramento City Council voted Tuesday to amend its city code and adopt the contentious, according to the Sacramento Bee, Local Hire and Community Workforce Training Program, which requires contractors to use a 50% local workforce on most city-funded projects of $1 million or more.
  • The program also requires that 20% of apprentices on covered projects be “priority apprentices,” who live in economically disadvantaged areas or are veterans, prior offenders, recipients of public assistance, foster youths, homeless or women. The new ordinance also requires that 50% of the budgets for two major city projects, including the renovation of the Sacramento Convention Center, be spent with local businesses in certain counties and that 15% of those businesses be small, regional enterprises.
  • In the sample agreement included on the city council’s agenda is “Contractor(s) performing construction work on the project described in the agreement shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established or authorized by the local unions,” a provision which some nonunion contractors argue will hinder their participation in city work. Proponents of the agreement, however, said that nonunion contractors perform around 60% of city work and that nonunion workers can simply register with the unions so that they can be included in the local hire program.

Dive Insight:

Unlike some other local hire mandates, Sacramento’s gives contractors an out of sorts by allowing them to hire from any source if unions cannot provide them with the necessary workers within 48 hours of a request. On the other end of the spectrum was the Detroit workforce requirement for contractors performing services during construction of the Little Caesars arena. The city fined construction companies that didn’t meet the 51% local hire requirements a total of $5.2 million. The Sacramento ordinance does not include such punitive measures for failing to meet the goals.

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San Francisco to expand background checks on contractors after deadly tunnel accident (CA)

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By Kim Slowey
Aug. 22, 2018

Dive Brief:

  • San Francisco Municipal Transportation Agency officials have promised, according to the San Francisco Chronicle, that they will make background checks into contractors that want to do business with the city more robust following the death of a signal technician employed by Shimmick Construction who had been working on the $40.9 million Twin Peaks Tunnel Improvement project. The agency awarded the contract for the project to the Shimmick/Con-Quest Joint Venture in February.
  • As part of the agency bidding and contracting process, construction companies are required to complete a pre-bid questionnaire that asks if they have been cited by Cal-OSHA for any serious and willful citations in the previous 10 years. Shimmick allegedly responded “no” to that question, and a Shimmick representative told the Chronicle that its answers on the city’s questionnaire were accurate. An analysis of Cal-OSHA records by the Chronicle, however, revealed that the company had received multiple safety violation citations in that period of time, many of which the company is protesting, including one involving a November 2016 death and an excavation-related incident for which the company received a serious/willful citation.
  • The increased scrutiny of contractors and their histories comes at the order of San Francisco Mayor London Breed who called for a “better system of checks and balances” when hiring contractors to perform on large city contracts. Agency spokesman Paul Rose told the Chronicle the SFMTA expected the Twin Peaks project to be completed on time and that it still planned to use Shimmick on future agency projects. The San Francisco Examiner yesterday reported that SFMTA Director Ed Reiskin reportedly defended the agency’s choice of contractor, calling Shimmick reputable.

Dive Insight:

States and municipalities typically require contractors to fill out a mountain of paperwork, but construction companies presenting false information on questionnaires or other qualification statements risk being debarred from doing business with an agency that determines they intentionally gave false answers or misrepresented mandatory qualifications having to do with elements of their businesses like work experience or financial capacity.

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San Jose High-Rise Contractor Pays $250,000 Over Alleged Wage Theft, Labor Trafficking (CA)

Posted by National Alliance for Fair Contracting on

by Dominoe Ibarra
July 23rd, 2018

The builder of a downtown San Jose apartment tower shelled out $250,000 to workers to settle labor violations alleged by federal investigators. Full Power Properties LLC-the builder that succeeded KT Urban on the the 650-unit Silvery Towers project-owed the money to 22 workers, the U.S. Department of Labor (DOL) announced last week.

Investigators found that Full Power Properties profited off underpaid workers employed by Job Torres, a subcontractor doing business as Nobilis Construction. During off hours, those workers lived in captivity, in a squalid warehouse run by Torres.

Acting on a tip that Hayward-based Nobilis Construction used undocumented workers as slaves, agents from the U.S. Department of Homeland Security served search warrants at multiple sites in August of 2017, took Torres into federal custody and referred the case to the DOL’s Wage and Hour Division.

Investigators say they found that Torres kept workers in a cramped second-story loft hidden behind a wall, with wood bunks and no running water. Torres allegedly locked the door from the outside, which led investigators to conclude that the workers were being held against their will.

According to the feds, Torres smuggled workers in from Mexico and would threaten them into submission by mentioning to anyone who complained that he knew people from drug cartels. The construction boss allegedly collected contact information for each worker’s family “in case of emergency,” so he knew where their loved ones lived.

There were signs of trouble long before federal investigators began looking into claims of forced labor in February of 2017. Silvery Towers developer KT Urban, which enjoyed tax breaks from the city to incentivize the project, came under fire in 2016 for hiring non-union workers, prompting a series of protests by local labor unions.

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DRYWALL CONTRACTOR FINED $2 MILLION; IS CALIFORNIA WAGE THEFT RAMPANT? (CA)

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By Jane Mundy
August 10, 2018

THE CALIFORNIA LABOR COMMISSIONER’S OFFICE FINED A DRYWALL COMPANY $2 MILLION FOR WAGE THEFT-SPECIFICALLY FAILING TO PROPERLY COMPENSATE WORKERS FOR REST PERIODS, OVERTIME AND SOME WORKERS FOR NOT PAYING MINIMUM WAGE.

Los Angeles – After workers at Fullerton Pacific Interiors Inc., complained about California labor law violations to the non-profit Carpenters Contractors Cooperation Committee, the California Labor Commissioner’s Office stepped in. Investigators found that the drywall company paid a daily rate that didn’t include overtime hours or rest breaks and 28 workers were not even paid minimum wage. Fullerton was fined nearly $2 million for wage theft violations.

The work included taping and drywall installation at hotels, recreation centers and casino projects in Los Angeles, Orange and San Bernardino counties between August 2014 and June 2016. According to the citation, Fullerton failed to properly compensate 472 workers for rest periods and 289 workers were not paid for overtime, along with other wage violations. California state Labor Commissioner Julie Su said in a statement that, “In construction, unscrupulous contractors attempt to obscure their wage theft by paying workers a flat rate rather than for all hours worked. But a daily or other flat rate system does not take the place of minimum wage and overtime obligations.”

THE $2 MILLION FINE

This is how the wage theft fine was calculated. $1,892,279 payable to the workers was broken down as follows:

* $798,664 for rest period violations. Most workers in California are entitled to a paid 10-minute break for every four hours worked, or paid for an extra hour at their regular rate. Fullerton’s workers were allowed a 30-minute lunch “hour” but did not receive rest breaks.

* $386,685 for unpaid overtime.

* $692,500 for wage statement violations.

* $14,431 for the unpaid wages, liquidated damages and waiting time penalties. Workers paid less than minimum wage are entitled to liquidated damages that equal the unpaid wage plus interest. There are also penalties for waiting times that are calculated based on taking the employees wages and multiplying it by the days they waited for compensation, at a maximum of 30 days.

* $72,400 civil penalty: The company would also be on the hook for civil penalties of $50 per work day for the initial violation, which increases to $100 for subsequent pay periods.

(Read More)

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DC Attorney General alleges electrical contractor misclassified 535 workers (DC)

Posted by National Alliance for Fair Contracting on

By Laurie Cowin
Date: Aug. 7, 2018

Dive Brief:

  • The attorney general for the District of Columbia sued Power Design on Monday, alleging that the Florida-based electrical contractor purposefully misclassified at least 535 construction workers as independent contractors so that it could cut costs, avoid legal responsibilities and evade taxes. The lawsuit also alleges various minimum wage, overtime and other labor violations and claims that senior management was involved in the scheme. In a request for comment, Power Design told Construction Dive that it had not yet been served and that Power Design believes it is in compliance with all applicable laws and regulations in the district.
  • In addition to Power Design, Attorney General Karl A. Racine’s suit also names JVA Services LLC and DDK Electric Inc., two labor brokers hired to staff Power Design work sites.
  • The lawsuit alleges the companies violated the District’s Workplace Fraud Act, which requires companies to classify workers as employees in in most circumstances, as well as the Minimum Wage Revision Act, Sick and Safe Leave Act and Unemployment Compensation Act from 2014 through 2017. It seeks monetary and injunctive relief for the affected employees and recovery of penalties to the District of Columbia, which could be $1,000 to $5,000 for each misclassified worker. Injunctive relief is a court order for a defendant to stop a specified act or behavior.

Dive Insight:

Misclassifying construction-industry employees is an offense many states are taking measures to combat. For example, Colorado’s governor, John Hickenlooper, issued an executive order in June that created a task force to investigate and find ways to address the misclassification of construction employees as independent contractors. Such misclassification not only hurts employees, but because the misclassification is an attempt to have a lower cost of doing business, it also hurts companies who correctly classify employees and therefore have higher bids.

Employee misclassification also leads to workers’ compensation insurance fraud. William Canak, workers’ comp and employment policy expert and professor at Middle Tennessee State University, estimated that up to 30% of construction workers are misclassified.

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Remove Power Design From D.C. Apprenticeship Program (DC)

Posted by National Alliance for Fair Contracting on

By: Editorial Board
09/14/2018

The D.C. attorney general’s office recently filed a lawsuit against Power Design, a Florida-based electrical contractor. The lawsuit alleges that Power Design, known for its work on D.C. buildings, is at the nexus of one of the largest wage-theft scandals in the city’s history.

Construction companies are required to employ a certain number of apprentices in order to bid on major contracts within the District. Construction companies need approval by the Apprenticeship Council to hire apprentices and comply with this requirement to bid on contracts in the District. This editorial board calls on the D.C. Apprenticeship Council to renounce apprenticeship eligibility status from Power Design due to the company’s egregious violations of workers’ rights.

The D.C. attorney general’s lawsuit alleges that Power Design misclassified electrical workers as independent contractors instead of employees, allowing Power Design to avoid payroll taxes and keeping the workers from receiving benefits such as sick leave. In addition, the lawsuit claims that some workers weren’t paid the appropriate overtime rate and others weren’t even paid the D.C. minimum wage. Over 500 Power Design workers were mischaracterized as independent contractors, 180 were not paid the required overtime rate, and 63 were not paid minimum wage, which demonstrates a codified company culture of mistreatment and abuse.

This isn’t the first time Power Design has been accused of shortchanging its workers. When the company first applied for the D.C. apprenticeship program last year, Attorney General Karl Racine and D.C. Councilmember Elissa Silverman urged the Apprenticeship Council to deny Power Design’s bid. Racine and Silverman referenced lawsuits filed against Power Design claiming that the company did not pay for overtime work and purposefully misclassified workers.

…

Power Design is just one of many companies that have profited from the massive development and construction wave that the city has undergone in the last few years. By consistently failing to pay their workers their proper wages and benefits, the company has ensured that regular city residents don’t benefit from this development. Rather than allowing Power Design to continue their abuse of the city’s workers, the Apprenticeship Council should follow the lead of their colleagues in the attorney general’s office and demand real changes from Power Design. Doing so would ensure that all of the city’s residents get to benefit from its growth.

While Racine’s thorough investigation into Power Design is vitally important, other branches of the District government must form a united front in combating wage theft in the city. A so-called progressive city government should not be aligning itself with a company that mistreats its workers so egregiously. The government can begin by taking a stand against companies that have abused the rights of D.C. workers.

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Many DC projects don’t comply with local hiring mandate (DC)

Posted by National Alliance for Fair Contracting on

Kim Slowey
PUBLISHED July 2, 2018

Dive Brief:

  • An April audit of Washington, D.C.’s First Source mandate, which requires local workers be given employment preference for construction projects receiving taxpayer assistance, revealed that contractors and developers are not meeting the program guidelines and that the Department of Employment Services (DOES) is doing relatively little to make sure companies are in compliance, according to The Washington Times. Companies building qualifying projects of $300,000 to $5 million must hire 51% local residents, and those in charge of projects valued at more than $5 million must meet a higher percentage in several categories.
  • Lawrence Perry, deputy auditor for the Office of the D.C. Auditor, testified before the District council’s Committee on Labor and Workforce Development on June 21 and told the committee members that the agency in charge of enforcing the First Source program was insufficiently monitoring qualifying companies to make sure they entered into a First Source agreement; lacked written policies and procedures necessary to monitor and judge the success of First Source and did not have written guidelines for enforcement and imposition of fines, with only one financial penalty being issued in the history of the program. The auditor’s report also called attention to the fact that companies are allowed to self-report project data with little or no verification by the DOES.
  • Construction industry groups have said the program paperwork is too burdensome. They also said there is a shortage of skilled workers and that the lack of affordable housing is forcing the First Source-qualified employees that once lived in the District to the suburbs, shrinking the pool of craft workers even more. One council member said developers and contractors consider the possibility of a low fine just another cost of doing business.

Dive Insight:

Other local governments have no problem enforcing local hiring mandates and levying large fines against contractors that miss the mark.

Detroit fined contractors working on the $868 million Little Caesars Arena, now home to the NHL’s Red Wings hockey team and the NBA’s Detroit Pistons, a total of $5.2 million for not meeting the city’s 51% local-hire goals. The Michigan city said that, of the project’s three million man-hours, Detroit residents worked only 25%.

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GUEST COMMENTARY: Reviewing Indiana’s common construction wage law (IN)

Posted by National Alliance for Fair Contracting on

Dewey Pearman
Sept. 2, 2018

Interesting data is now becoming available to test the pro and con arguments made in 2015 in the debate on legislation in the Indiana General Assembly to repeal Indiana Common Construction Wage law. That law was repealed in reaction to arguments that repeal would accomplish two objectives. First, repeal would increase competition in bidding among building contractors seeking to do work for public agencies. And, the cost of construction projects paid for by taxpayers would decrease. Opponents of repealing the law asserted that not only would these results fail to be realized but that repeal would result in, among other outcomes lower wages for workers.

Indiana’s common construction wage law, like similar laws in other states and at the federal level are intended to insure that when government spends money in a given labor market it does not inadvertently impact wages normally, or commonly paid in that market for similar type of work. That is, if as an example a carpenter in a given area is typically paid $25.00 an hour in wages and received $10.00 an hour in fringe benefits workers on public projects should not be paid more or less than those amounts for the same work. Doing so would interfere in the private labor market by providing an upward or downward pressure on local wages. The law required all contractors bidding on a public project to pay the wages and benefits customarily paid in that area. The law provided for an objective process by which wage and benefit rates were determined and also provided for public input into the determination.

On the issue of lower costs to taxpayers a 2018 study released by the Midwest Economic Policy Institute, The Effects of Repealing Common Construction Wage In Indiana, Impacts on Ten Construction Market Outcomes, finds that the average cost of school construction projects did not decrease after repeal but actually increased. The study focused on school projects because they tend to be more homogeneous than other types of public construction projects. The study, written by Kevin Duncan, Ph.D. Colorado State University-Pueblo and Frank Manzo IV, MPP, Midwest Economic Policy Institute looked at 146 school projects awarded before and 189 projects awarded after repeal of the law. The average project cost before repeal was $1.42 million and $1.48 million after the repeal. Contrary to arguments for taxpayer savings the average cost of school projects went up $60,000 after repeal. These findings are consistent with similar studies in many other states.

…

In the end, what Indiana got with the repeal of the common construction wage law is an increase in taxpayer costs and lower wages for blue collar construction workers. While, the Indiana Department of Labor is required to submit a report on the effects of repeal of the common construction wage before July 2021 the early evidence suggest it is already time for the Indiana General Assembly to put this law back on the book.

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State targets misclassified workers (LA)

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By Mike Hill / Business Editor
Jul 29 2018

The state is cracking down on companies that are misclassifying workers to avoid paying federal government taxes, the Louisiana Workforce Commisson says.

Since July 1, 2017, state field auditors have completed nearly 1,000 audits of companies, uncovering more than 3,300 misclassified workers, the commission said in a news release.

“The 3,300 misclassified workers resulted in more than $11 million in unreported taxable wages and hundreds of thousands of dollars in unpaid unemployment taxes,” LWC Secretary Ava Dejoie said. “This practice creates a financial disadvantage to those companies that are complying with employment and payroll laws.”

The agency has conducted unannounced site inspections, particularly in the New Orleans area.

“Unannounced site inspections will continue until the unfair business practice of misclassifying workers stops,” Dejoie said. “Our message is clear – misclassifying workers will not be tolerated in our state.”

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Nearly $10 million in fines, penalties issued against Massachusetts employers accused of wage theft in 2018 (MA)

Posted by National Alliance for Fair Contracting on

Updated Sep 4; Posted Sep 4
By Kristin LaFratta

In Massachusetts, state officials found $9.6 million in restitution and penalties against businesses and employers who stole wages and exploited workers.

Attorney General Maura Healey released a 2018 Labor Day report this week that explores the findings of wage theft and other means of exploiting workers. Investigations were performed by the AG’s Fair Labor Division, or those who enforce wage laws and the fair bidding of construction projects.

The report revealed wage theft and labor violations occurred across industries, and many by contractors based outside of Massachusetts. In fiscal year 2018, Fair Labor conducted 247 “field visits” across Massachusetts to investigate unfair pay practices, which found both civil and criminal violations in various businesses.

Healey said her office chose to prioritize wage theft in the construction industry last fiscal year, which resulted in nearly $1.5 million in penalties and restitution, according to the report. In that time Fair Labor issued citations or other assessments against 61 different employers in the construction industry.

Methuen’s E.J. Paving Company, Florida-based contractor Southern Road and Bridge, LLC and J. Donlon & Sons Inc., which worked on a public works project in Medford, were among the “notable cases” listed in the report, all of which failed to pay workers properly in overtime pay or minimum wage.

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