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Higher Minimum Wage Could Mean A $6,000 Raise For As Many As 1.4 Million Illinois Workers

Frank Manzo IV
October 25, 2018

La Grange: An increase to Illinois’ state minimum wage would grow the state’s economy and boost the paychecks of as many as 1.4 million workers by up to $6,000, according to new research from the Illinois Economic Policy Institute (ILEPI) and Project for Middle Class Renewal at the University of Illinois Urbana-Champaign.

The policy brief assesses the economic impacts of three different proposals (increasing to $10 an hour by 2019, to $13 an hour by 2022, and to $15 an hour by 2024) to raise the state’s current minimum wage, which has been set at $8.25 an hour since 2010.

“Increasing the minimum wage is a win-win-win for workers, taxpayers, and the economy,” said ILEPI Policy Director Frank Manzo IV. “It means higher wages and less poverty for workers, more spending across the economy, higher tax revenues, and less reliance on welfare programs.”

Among the three scenarios studied, researchers found that a minimum wage increase would increase paychecks for 6%-23% of the state’s total workforce.

The report finds that the increased consumer spending associated with wage increases would grow the economy by $5 billion-$19 billion per year.

The researchers note that wage increases have not produced the negative impacts on employment often claimed by opponents. A recent study found that job growth in the City of Chicago, which began increasing its minimum wage in 2014, has more than kept pace with surrounding suburbs that made no changes to their minimum wage policies. Additionally, researchers note that 9 of the 13 states with minimum wages of at least $10 per hour have unemployment rates that are the same or lower than Illinois.

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Harbor Yard Amphitheater workers seeking appropriate wages (CT)

By Jordan Grice
Published 12:00 am EST,
Sunday, December 16, 2018

Construction workers building Bridgeport’s new concert amphitheater say they are being stiffed on their paychecks, and the Department of Labor agrees with them.

In a letter to the city’s economic development department, state labor officials said the contracting agency of the Harbor Yard Amphitheater – which according to the project contract is developer Howard Saffan – broke the law by not applying prevailing wage requirements when putting the project out to bid.

Saffan did not return several calls for comment.

The prevailing wage statute provides contractors for large-scale projects involving public funding with an assigned wage rate and scheduled payroll.

Bridgeport and developer Howard Saffan are splitting the amphitheater’s $15 million price tag.

That wasn’t the case when construction of the concert venue got started, according to the letter from the DOL, which stated that developers and the city failed to request a prevailing wage pay rate schedule or include it in the bid specifications.

“Looks like a 50-50 relationship; what you just read fits the classic definition of a public works project. Public funds are in place, it’s a public project that will benefit the public,” said Thomas Wydra, director of the Wage and Workplace Standards Division for the state Department of Labor

Both city official and developers should have been aware of the law, Wydra said.

(Read More)

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The need for Prevailing Wage (DE)

PUBLISHED NOV 27, 2018 AT 3:38 PM

The basic reason why the prevailing wage was created was to help local contractors to compete with out-of-state contractors, paying a lower rate. The same people complaining about the prevailing wage would also be complaining about immigrant labor coming into a county for those jobs. If you visit Columbus Avenue in Palisades Park or areas of Dover, you would see immigrants getting picked up for Construction jobs! Are they properly trained? No, I have created apprenticeships following tenets of the National Bureau of Apprenticeship Training, and I know what is needed for a 4- or 5-year program!

The rates or wages for prevailing wages are developed by surveying contractors and unions to determine the wages for each classification (Source: William Winkler)! Some of the variables looked at are the wages in the largest city in a county, viewing the majority wage! If more than one-half of all the workers reported in that city are at a certain wage than that is the majority wage rate and that wage rate becomes the rate for the whole county.

If there is not a majority wage, as listed above, then a weighted wage is computed using data from the largest city in the county, and that becomes the prevailing wage. If no hours are reported in a county’s largest city then a wage is computed for the county, and that becomes the Prevailing wage, and finally, if no data is reported for the entire county, and that county’s old Prevailing Wage remains in effect. This has been the process, since 1931, and earlier in an historical context.

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Iowa MPOs Should Opt-Out of “Federal-Aid SWAP” Program (IA)

PUBLISHED NOV 27, 2018 AT 3:38 PM

In 2017, the Iowa General Assembly passed legislation that authorized the Iowa Department of Transportation to create a “Federal-Aid SWAP” program (Iowa DOT, 2018). This legislation essentially eliminated federal requirements on public infrastructure projects, including the historically bipartisan Federal Davis-Bacon Act which creates a level playing field for all federal construction contractors by ensuring that public expenditures maintain and reflect local area standards for wages and benefits. Under Iowa’s “Federal-Aid SWAP” program, federal dollars that were designated for local construction projects are now retained through the state and fail to include Davis-Bacon Act standards. Local metro planning organizations in Iowa should opt-out of participating in the program.

The main purpose of the Davis-Bacon Act is to support middle-class American families by protecting local standards for compensation and craftsmanship in the competitive public bidding process. Federal construction bidding is not like the private sector. Government procurement agents are required to select the lowest bidder. In the low-bid model used on federally-funded construction projects, contractors aim to lower their bid however possible, including by lowering wages and by reducing apprenticeship training. The Davis-Bacon Act levels the playing field, allowing local contractors and local workers a fair shot at these government projects and incentivizing competition based on core competencies in construction (Duncan et al., 2017).

The Davis-Bacon Act boosts local economies and provides great value to taxpayers. The Davis-Bacon Act protects work for local contractors and construction workers, supports training programs, and provides pathways into the middle class for all blue-collar workers– keeping them off government assistance programs. Local metro planning organizations in Iowa should opt-out of participating in the “Federal-Aid SWAP” program and instead choose to maintain Davis-Bacon Act standards on taxpayer-funded construction projects.

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AG: Leominster construction firm ordered to pay nearly $840,000 for violating labor laws (MA)

By Peter Jasinski
UPDATED: 10/31/2018 02:40:51 PM EDT

BOSTON — A Leominster construction company has been ordered to pay $837,341 in restitution and penalties for making illegal deductions from worker paychecks following the second investigation in less than three years of allegations the company was violating labor laws.

Massachusetts Attorney General Maura Healey announced Wednesday that Force Corporation and its managers, Juliano Fernandes, Anderson Dos Santos, and Claudio Cicero Da Silva have been issued two civil citations for failing to make timely payment of wages and failure to furnish payroll records to the AG’s office.

“Force Corporation and its managers cheated their construction workers out of hundreds of thousands of dollars,” said Healey in a written statement. “To build this case, our team documented the use of dozens of illegal tricks used by employers to steal from workers.”

This most recent investigation began after state officials received several complaints from the New England Regional Council of Carpenters.

The AG’s investigation revealed that Force Corporation has been regularly taking illegal deductions from employees weekly wages to pay for tools, safety equipment, and advances in what Healey referred to as a “textbook example of wage theft.”

The investigation also showed that Force unlawfully required employees to purchase their own tools through a company owned by Fernandes, one of Force’s managers.

The company was found in willful violation of federal labor laws and ordered to pay nearly $2.4 million back wages and damages to 478 employees in 2016 and $262,000 in fines for violating the federal Fair Labor Standards Act.
According to an investigation by the Wage and Hour Division of the U.S. Department of Labor, Force Corporation created a separate company, AB Construction Group of Framingham, as a way to provide Force with employers but classify them as independent contractors. This misclassification led to the company failing to pay employees overtime and keep accurate time and payroll records.

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Singleton Bill to Help Strengthen Prevailing Wage Clears Committee (NJ)

December 11, 2018, 11:05 am

TRENTON – Legislation sponsored by Senator Troy Singleton which would allow the issuing of stop-work orders for failure to pay the prevailing wage cleared the Senate Budget and Appropriations Committee.

“Before all else, we must protect the rights of the men and women who are working hard each and every day to earn a decent and fair living,” said Senator Singleton (D-Burlington). “New Jersey has set a high standard for how we treat our workers, and if you contract with the State on public works projects, you must be prepared to abide by that standard.”

The bill, S-2557, would permit the Commissioner of the Department of Labor and Workforce Development to issue a stop-work order against an employer upon determining that an employer has paid a worker less than the prevailing wage. The stop-work order would apply to every site where the violation continues to occur. It could only be lifted by the commissioner if the Department finds the employer has agreed to pay future wages at the required rate, return any back-wages owed to workers and pay any penalty assessed by the Department. The commissioner may require the employer to file periodic reports for two years certifying its compliance with the prevailing wage law as a condition of lifting the order.

Under the bill, the commissioner would be allowed to investigate the wage records of an employer in the construction industry upon the complaint of an employee for failure to pay required wages and contributions. The commissioner would be permitted to issue subpoenas in connection with the investigation and fine individuals who willfully hinder it.

If an employer does not stop business despite being issued a stop-work order, the commissioner would be permitted to assess a civil penalty of $5,000 per day.

The bill was released from committee by a vote of 11-0, and next heads to the full Senate for further consideration.

(See Article)

(See Copy of Bill)

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3 ‘Buffalo Billion’ defendants sentenced to federal prison (NY)

AUTHOR – Kim Slowey
PUBLISHED – Dec. 10, 2018

Dive Brief:

Three defendants were sentenced to federal prison last week in the “Buffalo Billion” corruption scandal. Syracuse, New York-based developers Joseph Gerardi and Steven Aiello, as well as former Buffalo general contractor Louis Ciminelli, were convicted of fraud and other charges earlier this year for their roles in a bid-rigging scheme that netted their companies hundreds of millions of dollars.

U.S. District Court Judge Valerie Caproni sentenced all three in separate hearings, handing each one a $500,000 fine plus jail time. Caproni ordered Aiello to serve three years, Gerardi to serve 30 months and Ciminelli to serve 28 months. Ciminelli has up to one year to pursue an appeal before reporting to prison. Gerardi and Aiello also remain free, but Caproni has yet to decide how long they ultimately will be able to postpone incarceration, pending appeals.

Prosecutors said Aiello’s and Gerardi’s company, Cor Development, netted $100 million in state construction work for a $14.4 million film soundstage in Syracuse and a $90 million LED lighting factory in Dewitt, New York, as part of a bid-rigging scheme. As LPCiminelli’s former chief, authorities accused Ciminelli of paying a bribe to a former aide of New York Gov. Andrew Cuomo in order to score a $750 million contract to build a SolarCity plant in Buffalo.

Dive Insight:

Not long after Ciminelli was charged in the bid-rigging case, LPCiminelli reportedly lost $4 billion in contracts and was forced to lay off 10% of its staff after losing an estimated 14 projects. The company also sold off much of its equipment and tools and repositioned itself as a program manager and developer.

Two other former LPCiminelli executives were also indicted in the case, but prosecutors decided there wasn’t enough evidence against former company president Michael Laipple and dismissed the charges in June. Kevin Schuler pleaded guilty to fraud and conspiracy for his part in the scheme and testified against Ciminelli and others.

(Read More)

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Two New York firms implicated in minority contractor fraud (NY)

By Kim Slowey
Oct. 17, 2018

Dive Brief:

Bell Mechanical and Kaplan Schmidt Electric have been named in an alleged minority contractor scheme in Rochester, New York, that resulted in the arrest of Orville Dixon, head of Journee Construction, earlier this year, according to the Democrat and Chronicle. The two local contractors were named after an analysis of Rochester City School District contracts and complaints by the FBI and U.S. attorney general.

Bell and Kaplan Schmidt allegedly needed to hire a certain percentage of minority- or women-owned subcontractors to meet the requirements of the school district’s modernization program. Instead, the two supposedly used Dixon, who is African-American, and Journee as a “pass-through” to make it appear as if Journee was doing the work. Bell allegedly created a fake purchase order in 2013 that showed it bought $600,000 worth of HVAC equipment from Journee and put Bell’s workers on Journee’s payroll to make it appear that Journee was staffing the project. Kaplan Schmidt also supposedly falsely claimed it purchased material from Journee and allegedly agreed to pay Dixon’s company 2.5% of the subcontract amount.
In 2016, contractors working for the Rochester school district were fined a total of $825,000 to settle claims of fraud related to minority contracting. Those companies were Concord Electric Corp. (fined $350,000), Hewitt Young Electric ($160,000), Michael A. Ferrauilo Plumbing and Heating ($90,000), Manning Squires Hennig ($200,000) and Mark Cerrone Inc. ($25,000).

Dive Insight:

There are a growing number instances of minority contractor fraud in the U.S., possibly a result of more state and local government agencies adopting or increasing minority- or woman-owned business requirements. Sometimes there may not be enough qualified minority firms available for the job, but in some cases, contractors just want to expedite construction and are willing to risk the potential fallout.

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Albany contractor pleads guilty to $800K fraud scheme (NY)

2 local men accused of exploiting, defrauding minority-owned businesses

Staff report
Friday, October 12, 2018

ALBANY – One of two local men accused of exploiting and defrauding minority-owned businesses in an $800,000 scheme has pleaded guilty and agreed to pay back his victims, Attorney General Barbara Underwood announced Friday.

After pleading guilty to felony grand larceny and scheme to defraud in Schenectady and Albany county courts this week, Michael Martin, 47, of Latham, is expected to receive a sentence of 3 1/2 to 12 years in state prison, Underwood said. He has also agreed to pay back the roughly $800,000 he stole from minority-owned businesses, employees and an insurance company.

Martin and his business partner, 52-year-old Scott Henzel of Albany, were arrested in July following a joint investigation by the Attorney General’s Office, state Inspector General’s Office and the state Labor Department. According to investigators, Martin was the crime’s mastermind.

“The defendant’s elaborate scheme defrauded minority-owned businesses and his own employees – all to game the system for his own benefit. Now he’s facing the consequences,” Underwood said. “My office will continue to prosecute fraudsters that take advantage of New York businesses, workers and taxpayers.”

As part of his plea, Martin admitted that he served as president and owner of Eastern Building & Restoration, a general contractor headquartered in Albany, from 2004 to 2014. Henzel, he said, served as controller.

In those roles, he said, they offered two minority business enterprises – Lorice Enterprises and Precision Environmental Solutions – a chance to partner with Eastern to learn how to successfully run and bid on construction projects. In reality, the pair took over the two businesses, Martin said, managing all day-to-day business activities, including staffing of laborers and bidding decisions, as well as all banking activity and financial decisions.

(Read More)

Turner Construction, Bloomberg LP execs face bribery, bid-rigging charges (NY)

AUTHOR – Kim Slowey
PUBLISHED – Dec. 12, 2018

Dive Brief:

Manhattan District Attorney Cyrus Vance announced Tuesday the indictments of former Bloomberg LP and Turner Construction Co. executives, as well as subcontractors and vendors, on charges of conspiracy, bribery, bid-rigging and other offenses after they allegedly tried to steal approximately $15 million from Bloomberg during a major renovation of the financial media giant’s New York City offices.

Charges against 14 individuals and three corporations include conspiracy, grand larceny, money laundering and commercial bribery. Those indicted include Bloomberg’s former head of global construction, Anthony Guzzone, and former construction manager, Michael Campana. Also charged in the matter are Turner’s former vice president and account executive, Ronald Olson, and former project superintendent, Vito Nigro. Vance’s office said the four allegedly conspired to inflate subcontractor bids, create bogus work orders and change orders and misappropriate unused subcontractor allowances. Subcontractors Litespeed Electric Inc., Cooling Guard Mechanical Corp. and Hugh O’Kane Electric Inc. and associated individuals were charged with allegedly furthering the conspiracy by paying bribes, participating in bid-rigging, falsifying business records and laundering criminal proceeds.

Vance said “inside information” about the Bloomberg project was given to subcontractors in order to help them win contracts for the job. The defendants, he said, inflated their budgets with fake invoices and purchase orders and even filed phony applications for women-owned business status. Subcontractors allegedly gave the former Bloomberg and Turner executives cash and other incentives like vacations and free home renovations in exchange for their lucrative contracts. “Today’s indictments and guilty pleas,” Vance said, “demonstrate that if you are engaging in organized crime that blocks fair competition in Manhattan, our prosecutors will find you, turn over every stone, and shut you down.”

Dive Insight:

“Turner applauds the hard work by the District Attorney’s staff in bringing this case and appreciates the District Attorney recognizing Turner for its assistance in the investigation,” Turner spokesman and attorney Thomas J. Curran of Peckar & Abramson told Construction Dive. “Of course, Turner rejects the conduct alleged against two former employees as an absolute betrayal of Turner’s core values of integrity, which are followed by the 9,000 Turner employees who work hard, honestly and well every day.”

(Read More)