Reading City Council adopts responsible contractor ordinance (PA)

Posted by National Alliance for Fair Contracting on
By MICHELLE LYNCH | Reading Eagle
PUBLISHED: December 20, 2022

Contractors must now meet specific qualifications in order to work on public construction and maintenance projects in the city.

Reading City Council voted 6-1 Monday to adopt a responsible contractor ordinance setting forth certification requirements for contractors bidding on projects over $250,000.

Councilman O. Christopher Miller voted no.

The new law requires contractors to maintain the capacity, expertise, personnel and other resources necessary to successfully complete public projects in a timely, reliable and cost-effective manner.

It also requires contractors to pay their workers prevailing wages and offer state-approved apprenticeship programs. …

“This bill will require a responsible bidder seeking award of a contract to now submit a contractor’s responsibility certification,” he said. “This is exactly what we already do.”

Although some critics have said the legislation is pro-union, William Dorward, president of the Building and Construction Trades Council of Reading and Vicinity, disagreed.

“This is not non-union against union; union against non-union,” he said. “It’s about good actors and bad actors.”

Dorward also said the ordinance helps secure training for the upcoming generation of skilled trades workers.

“It’s about keeping those skill sets to the peak level of education,” he said.

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My Turn: The conservative case for a prevailing wage (NH)

Posted by National Alliance for Fair Contracting on

By TROY MERNER
Published: 5/8/2019 12:10:20 AM

There’s an old saying that the best social welfare program is a “good-paying job with excellent benefits,” and I couldn’t possibly agree more. While most elected officials agree with this idea in principle, we often disagree on the best path forward. New Hampshire has some of the best-trained and hardest workers in the country, and it’s high time we treated them accordingly. This is why I’m asking my fellow Republicans to support Senate Bill 271 and finally establish a prevailing wage in New Hampshire.

Prevailing wage law states that contractors must offer competitive wages and benefits on taxpayer-funded projects. This accomplishes two things: First, it ensures that public projects enjoy a quality of workmanship that cut-rate contractors cannot provide, saving taxpayers millions of dollars over the long term. Second, it affords locally trained New Hampshire workers the ability to work close to home. Many of our best-trained workers are forced to seek employment in neighboring states where prevailing wage ensures that pay is higher, while local construction jobs go to out-of-state contractors offering a lower quality of service.

A recent study by economists at the Keystone Research Center, a nonpartisan economic policy organization, concluded that establishing a prevailing wage in New Hampshire would add up to 4,000 local jobs to our economy because it would diminish out-of-state contractors’ ability to undercut our local workforce. This law would also provide health coverage to approximately 2,500 construction workers – reducing the number of our hard-working men and women who rely on the government for assistance. The same study concluded that passing a prevailing wage would increase economic activity by $680 million in New Hampshire and raise up to $17 million in new state and local tax revenue.

Passing a prevailing wage also establishes an enforcement protocol to ensure that contractors don’t miscategorize workers or hire undocumented workers to artificially lower their bids. This malicious practice both undercuts our local workforce and provides a lower quality of service on taxpayer-funded projects.

…

(Troy Merner, a Lancaster Republican, represents Coos District 7 in the N.H. House of Representatives.)

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‘Electronic Bidding Construction Act’ Bill Approved by Assembly Panel (NJ)

Posted by National Alliance for Fair Contracting on

May 16, 2019, 3:00 pm
Insider NJ

(TRENTON) – Legislation sponsored by Assembly Majority Leader Lou Greenwald, Assemblyman Matt Milam and Assemblyman Bruce Land to modernize the bidding process for public works construction projects in New Jersey was approved Monday by the Assembly State and Local Government Committee.

The bill (A-1308), known as the Electronic Bidding Construction Act, would require public contracting agencies that contract for public works construction projects to use electronic procurement technologies, also known as online bidding, when a project’s value exceeds five million dollars.

“In the age of technological innovation, it’s time to update our public bidding process for construction projects,” said Greenwald (D-Camden, Burlington). “Nowadays, there are many e-procurement resources available to help businesses and government agencies conduct business online. These tools make the process simpler and more efficient.”

Under the measure, the State Treasurer would be required to set regulations for the electronic procurement of public works projects The regulations would create a procedure for a public contracting unit to follow once awarded a contract to oversee the administration of the e-procurement process.

A contractor or vendor seeking a contract for public works under the regulations would be classified with the Division of Property Management and Construction in the Department of the Treasury prior to submitting a bid.

“Requests for proposals, requests for information and other bids for public projects can all be done via the Internet,” said Milam (D-Cape May, Atlantic, Cumberland). “We should take advantage of e-procurement tools in order to streamline the public bidding process.”

“E-procurement will help us reduce costs, save time and give us the ability to easily store important records digitally,” said Land (D-Cape May, Atlantic, Cumberland). “This common-sense approach will benefit public contracting and government agencies alike.”

Additionally, regulations established by the State Treasurer would require certain bidding components and would set qualifications for firms providing e-procurement processes.

The bill now heads to the Assembly Speaker for further consideration.

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Union-backed budget amendment would combat construction wage theft in Massachusetts (MA)

Posted by National Alliance for Fair Contracting on

By Shira Schoenberg
Posted Apr 24, 4:55 PM

A union-backed amendment expected to be included in the Massachusetts House budget would increase the attorney general’s ability to enforce wage and hour laws in the construction industry.

Rep. Dan Cullinane, D-Boston, introduced an amendment that would spend $500,000 to create a specialized unit in the attorney general’s office to investigate and enforce wage violations in the construction industry.

“This underground economy is real,” Cullinane said. “Bad companies are stealing wages from workers, bad companies are pocketing taxpayer dollars by falsifying payroll records.”

Historically, the construction industry has had frequent occurrences of wage theft.

Attorney General Maura Healey, in a February report, said her office issued 165 civil citations against 66 construction companies in 2018 for wage violations. These companies paid fines of more than $1.23 million and restitution of $1.47 million for 1,030 employees.

Wage theft can include things like failing to pay overtime, failing to pay the required wage for public projects or not accurately documenting how many hours someone works.

(Read More)

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RESULTS OF THE REPEAL – DID IT WORK? (IN)

Posted by National Alliance for Fair Contracting on

Nick Dmitrovich
October 12, 2018

A few weeks ago, Indiana passed the third anniversary mark since state legislators repealed the common construction wage law. Back in July of 2015, when the repeal went into effect, the intent was to provide financial relief for taxpayer-funded projects by reducing costs associated with construction wages.

At the time, former Governor Mike Pence, a major supporter of the repeal, said that “wages on public projects should be set by the marketplace and not by government bureaucracy.” During the campaign to get the repeal passed, supporters said the bill would help “cash-strapped” schools and other institutions keep project costs down.

So, now that a few years have gone by and data has had the chance to be developed, the big question is: Did it work? Did the repeal save public institutions the money it was supposed to?

Earlier this year, a report from the Midwest Economic Policy Institute (MEPI) straightforwardly titled “Effects of Repealing Common Construction Wage in Indiana” detailed the types of changes the repeal brought about across ten different construction market attributes. MEPI specializes in infrastructure investment and construction industry research.

To put it plainly, their report was a brutal look at the decision’s shortcomings and the damage its done to the construction industry.

“Repeal of common construction wage has led to a host of negative impacts on workers and the construction industry – including lower wages and more income inequality – while failing to deliver any meaningful cost savings or increased bid competition promised by those in favor of repeal,” researchers wrote.

Let’s take a look at the ten construction outcomes that researchers studied and how they have been impacted.

Construction Wages

Right off the bat, it’s fairly plain to see the people most impacted by the repeal are Indiana construction workers themselves, and vicariously their families. Just how much? A straight-up loss of 8.5 percent, even accounting for all the various factors that affect a person’s hourly wage (such as age, race, union membership, and other factors).
This wasn’t just a fact reflected in this report alone, it was actually predicted in additional research reports published at various times before and after the repeal went into effect (MEPI, Manzo, Bruno, Littlehale, et. al)

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Wage violations, false payrolls mean Bonney Lake firm banned from bidding on public construction projects (WA)

Posted by National Alliance for Fair Contracting on

Nov. 27, 2018

Tumwater – A Bonney Lake construction firm and its owner are permanently banned from bidding or working on public projects in Washington as the result of a recent settlement with the state Department of Labor & Industries (L&I) over wage violations and false reporting of payroll records.

I&C Northwest and owner Jim Lingnaw also agreed to pay more than $200,000 in back wages and penalties for the violations. The company did pipe insulation work on 14 schools and a warehouse across Western Washington in 2015 and 2016. The firm will repay $153,000 in wages to nine employees, each of whom worked on several of the projects.

L&I cited the company last year for the unpaid wages and for false reporting of payroll records. Under the settlement, reached recently, Lingnaw agreed to pay $1,000 a month in penalties for the next four years and is barred from being involved with his son’s companies should they work on public projects.

“The citations are based on I&C’s repeated wage violations despite L&I’s efforts to educate the company on following the prevailing wage law,” said Jim Christensen, Prevailing Wage Program manager for L&I. “We’ve been investigating the company since 2014.”

The schools I&C worked on include one high school, four middle schools, and nine elementary schools. The schools are in Bellevue, Clover Park, Mercer Island, North Thurston, Tacoma, Tahoma, Tumwater, Seattle, and Snoqualmie Valley school districts. The company also performed work on a warehouse for the Central Kitsap School District.

(Read More)

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Public works contractor arrested, accused of wage theft (NY)

Posted by National Alliance for Fair Contracting on

Stephon Johnson | 8/23/2018

Authorities arrested a public contractor for allegedly skimming from his employees’ paychecks.

This week, New York State Attorney General Barbara Underwood and Port Authority Inspector General Michael Nestor announced the arrest of Marjan Kasapinov, 63, for allegedly taking more than $40,000 in wages and benefits from 28 workers employed to work on a publicly funded construction project at LaGuardia Airport. Kasapinov faces between one and four years in prison, a five-year ban from public work and payment of back wages to his employees.

Kasapinov, doing business as Paterson, N.J.-based EMLO Corp., was contracted to perform asbestos removal work on several buildings at LaGuardia Airport between March 2014 and March 2015. Kasapinov and EMLO Corp are charged with failure to pay the prevailing rate of wage or supplements, offering a false instrument for filing in the first degree and failure to secure workers’ compensation insurance-all felonies.

“Contractors that corrupt public projects and fail to pay their workers will be held accountable,” stated Underwood. “Workers deserve fair pay of the wages and benefits they’ve earned-not to be exploited by their employer. Our office will continue to work relentlessly to combat wage theft and the abuse of public dollars.”

“Companies doing business with municipalities, state agencies and authorities are legally bound to pay their employees the fair and prevailing wage,” added Michael Nestor, inspector general for the Port Authority of NY & NJ, in statement. “In this case, the defendant chose to enrich himself at the expense of his own workers. Today’s arrest will serve notice to all contractors that the Port Authority of NY & NJ will not tolerate wage fraud or any other criminal misconduct on public projects.”

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L&I investigation results in $66,500 in back pay for 28 workers

Posted by National Alliance for Fair Contracting on

August 19, 2016
For media information: Matthew Erlich, Public Affairs, Matthew.Erlich@lni.wa.gov, 360-902-6508.

 

Tumwater – A state investigation into a company that closed before paying employees everything they were owed on two public projects has resulted in 28 workers receiving more than $66,500 in back pay.

Eltech Electric Inc. of Seattle abruptly ceased work on the projects at the end of September 2015. Complaints filed with the Washington State Department of Labor & Industries led to an investigation that cleared the way for the workers to be paid.

The workers were involved in two public projects: construction of the Green River Community College student life center in Auburn, and repair work on the state ferry M/V Kaleetan.

The 65,000-square-foot Mel Lindbloom Student Union building opened in February. Prime contractor Walsh Construction required its subcontractors, including Eltech Electric, to have a bond. L&I was able to get money from that bond for the workers who were not fully paid when Eltech closed unexpectedly.

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Walsh: Dialogue needed on public project wages

Posted by National Alliance for Fair Contracting on
Monday,

March 23, 2015

By: Jack Encarnacao

 

Mayor Martin J. Walsh said raising the wages of union laborers who work on public projects should be part of the national dialogue on income inequality during a panel discussion with the mayors of New York, Baltimore and Seattle.

Walsh praised the Legislature for boosting the state minimum wage to $11 by 2017 before mentioning the “prevailing wage law,” which pays Boston tradesman in the range of $30 to $50 an hour to work on public projects.

“I think we have to look at the prevailing wage law as well to make sure that we give people the opportunity to … have a living wage,” Walsh said during the “Municipal Strategies for Financial Empowerment” public forum at the University of Massachusetts Boston.

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A.G. SCHNEIDERMAN AND D.O.I. COMMISSIONER PETERS ANNOUNCE ARRESTS OF NYC SCHOOL CONSTRUCTION AND HOUSING AUTHORITY CONTRACTORS AND LABOR BROKERS

Posted by National Alliance for Fair Contracting on
Contractors Allegedly Paid Workers Below Prevailing Wage, Labor Brokers Demanded Kickbacks On NYC School And Housing Construction Projects

FOR IMMEDIATE RELEASE: DECEMBER 4, 2014

(New York, NY) Attorney General Eric T. Schneiderman and New York City Department of Investigation Commissioner Mark G. Peters announced today the arrests and indictments of a contractor and two labor brokers overseeing New York City School Construction Authority (SCA) and Housing Authority (NYCHA) projects for allegedly underpaying construction workers. The arrests stem from a joint investigation into underpayment and kickback schemes on projects at P.S. 196K, a public school in Brooklyn, and the Pomonok Houses Project in Queens. As alleged in two indictments, several workers were deprived of several thousand dollars each from the alleged schemes. If convicted on the top counts, each defendant faces up to seven years in prison.

“Contractors who work on public projects cannot ignore New York State’s labor laws in order to line their own pockets,” said Attorney General Schneiderman. “In this case and many others, my office is taking aggressive action, including criminal prosecution when appropriate, to ensure that workers are paid the wages they’ve earned.”

“Not only does prevailing wage fraud deprive honest workers of fair pay, but it is a gateway to other schemes that endanger public safety. Exposing and putting an end to prevailing wage fraud is a cornerstone of DOI’s multi-pronged effort to combat corruption in New York City construction. I thank the Attorney General and his staff for their partnership on these important cases,” New York City Department of Investigation Commissioner Mark G. Peters said.

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