Members of the United Brotherhood of Carpenters (UBC) and participants in other employer sponsored health care plans in the U.S. can rest a little easier now that implementation of the “Cadillac tax” on those benefits has been delayed until 2020. This provision was included in the $1.1 trillion omnibus spending bill that was signed into law by President Obama. The House of Representatives passed the bill on a 316-113 vote, while the U.S. Senate passed it 65-33.
It is hoped that this delay in implementing the Cadillac tax, which would impose a 40% excise tax on the portion of group health plan premiums that exceed $10,200 for single coverage and $27,500 for family coverage, will lead to a full repeal down the road.
“When people take a closer look at the so-called Cadillac tax, they see how unfair it is for employers and employees,” said UBC General President Douglas J. McCarron. “We have been working hard with law makers and this two-year delay helps us on our way to a full repeal.”
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Ashland subcontractor On-Time Construction Services, Inc. and its owner Jonatas Vicente De Brito Barcelos have been cited $117,082 in restitution and penalties for intentionally violating the Massachusetts prevailing wage law and failing to submit true and accurate payroll records, Attorney General Maura Healey announced Monday.
The allegations stem from a project at the Acushnet Police Station for which On-Time was a subcontractor, according to a release from the AG’s office that began an investigation last July into the situation.
The investigation revealed that at various times between March and August of last year, On-Time failed to pay three workers the correct prevailing wage rate, according to the AG’s office. One worker was not paid any wages until after the investigation commenced. On-Time also certified on a weekly basis to the awarding authority that its workers were paid the prevailing wage rate even though they were not. Under the Massachusetts Prevailing Wage Law, contractors and subcontractors engaged in public construction projects must pay their employees a special minimum wage, according to the AG’s office.
Since the investigation began, On-Time has paid $78,987 in restitution to the employees.
By Kristen LinnartzPublished: July 13, 2016, 12:38 pm Updated: July 13, 2016, 1:48 pm
LUDLOW, Mass. (WWLP) – Attorney General Maura Healey announced on Tuesday that a Ludlow contractor has agreed to pay more than $27,000 in restitution and penalties for violating the Massachusetts prevailing wage law.
SSR Construction, Inc. and its owner Peter Slivka accepted two civil citations and agreed to pay $27,387.20 in restitution and penalties to resolve allegations that they were not paying their workers the required prevailing wage rate and failed to submit true and accurate certified payroll records to the awarding authority on a weekly basis.
“Contractors working on public projects must pay their workers a fair wage,” said Attorney General Healey. “The prevailing wage law protects workers and we will continue to enforce the law and hold accountable companies who fail to adequately compensate their workers.”
The Attorney General’s Fair Labor Division started investigating Slivka and SSR Construction in January of 2014 after receiving a complaint that they were not paying their workers the required prevailing wage rate. During their investigation, they found that between September 4, 2013 and December 6, 2013 SSR Construction performed work on a project to renovate the City Hall in Westfield and failed to pay its workers the correct prevailing wage rate. It also didn’t submit true and accurate certified payroll records to the awarding authority on a weekly basis.
Through the settlement with the Attorney General’s Office, four employees will receive restitution payments.
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New Law Will Strengthen Wage Law Compliance on Large Construction Projects
BERKELEY, Calif. /California Newswire/ — Last night, the City of Berkeley approved a first-of-its-kind local ordinance aimed at preventing wage theft on local construction projects, Smart Cities Prevail announced today.
Authored by Councilmember Laurie Capitelli, co-sponsored by a majority of the Council and supported by construction industry trade associations and workers’ rights groups, the measure requires that developers and builders certify that all contractors performing work on large projects have complied with state wage and hour laws as a condition of winning a certificate of occupancy from the city.
“Enforcing wage laws is especially difficult in the construction industry, because unscrupulous contractors who cheat workers in order to win bids on large projects find ways of disappearing after the work is done,” said Smart Cities Prevail Policy Director Scott Littlehale. “By expanding transparency and accountability BEFORE a project is complete, Berkeley has taken an important step towards preventing wage theft and leveling the playing field for honest construction businesses competing for this work.”
“This measure links our city’s responsibility for determining whether a construction project is completed with the principle of ensuring those who did the work are paid the wages they earned,” added Berkeley City Council Member Laurie Capitelli. “Whether as workers, businesses or taxpayers, we are all impacted by wage theft in some way. But we are not powerless to stop it, and that’s why I hope that other communities will soon join Berkeley in taking action.”
Research shows that wage theft annually costs California taxpayers at least $8.5 billion in tax revenue, and costs workers billions more in lost income. Because state enforcement resources are limited, workers only file claims in a fraction of cases and less than 20 percent of adjudicated claims are ever paid. The problem is especially pervasive in lower wage occupations, including California’s construction industry.
*Editorial Note: above text based on press release, as provided by the news source: Smart Cities Prevail and was not created by CaliforniaNewswire.com.
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Despite an emerging academic consensus that shows state prevailing wage laws have no discernible impact on project costs, lawmakers in Indiana weakened the state’s law – called Common Construction Wage – between 2012 and 2015. In 2013, the threshold for coverage was increased from $250,000 to $350,000, meaning that workers were no longer paid a prevailing wage rate on projects costing between $250,000 and $349,999.
Indiana’s southern border with Kentucky is thus a good case study on the local impact of weakening prevailing wages. There are 13 southern Indiana counties that border 14 northern Kentucky counties.
After weakening prevailing wage, employment in the heavy and civil engineering sector declined in Indiana’s southern-most counties but grew across the river in Kentucky border counties. After the Common Construction Wage threshold was raised, southern Indiana’s public works construction sector had an employment loss of 885 workers (21.2 percent). Meanwhile, public works construction employment increased by 770 workers (20.7 percent) in the Kentucky border counties.
The average monthly earnings of employees in heavy and civil engineering construction careers also declined after prevailing wage was weakened in the Indiana counties but increased across the river in the Kentucky counties. After adjusting for inflation, the county-level earnings of public works construction employees declined by $439 per month for the average Hoosier worker. At the same time, average earnings increased by $610 per month for comparable workers across the border in the Kentucky counties.
In this integrated regional economy along the Ohio River, the evidence suggests that out-of-state contractors from Kentucky with lower-paid construction workers were the real beneficiaries of Indiana weakening its prevailing wage law.
After Indiana weakened its prevailing wage law, higher-paid public works construction workers in the state’s 13 southern-most counties were replaced by lower-paid workers across the border in 14 Kentucky counties. The redistribution of jobs and earnings to Kentucky construction workers has an adverse impact on income tax revenues and sales tax revenues in Indiana.
Naples Business Owner Arrested for $700,000 Workers’ Compensation Fraud Scheme
Press Release, Florida Department of Financial Services
5-20-16
Florida Chief Financial Officer Jeff Atwater today announced the recent arrest of Raimundo Hernandez-Argueta, owner of Naples construction company Complete Framing Professionals (CFP). Following a joint investigation by the Department of Financial Services’ (DFS) Division of Insurance Fraud and Division of Workers’ Compensation, Hernandez was arrested on fraud charges for allegedly misrepresenting information regarding CFP’s employee operations and payroll when applying for a workers’ compensation policy. By doing so, Hernandez avoided at least $700,000 in workers’ compensation premium payments.
Investigators later discovered that Hernandez obtained a policy through Florida United Business Association providing coverage for four employees, each with an annual wage of $50,000. Hernandez paid $26,910 for this one-year policy. However, job site inspections documented 108 employees during that time frame and more than $5.5 million in total earnings, grossly lower than what was reported to the company’s insurance carrier.
As a result of his misrepresentations, Hernandez was able to illegally avoid paying more than $700,000 in workers’ compensation premium dues.
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Gilbert Charles, of Pinckney, is a U.S. Army veteran who served in the 1980s and moved to the skilled trades. His son, Matt, has followed in his father’s footsteps as a veteran and now as an apprentice learning how to become an electrician.
By Gilbert Charles
As we near Veterans Day, we will hear from many political leaders how grateful they are for our service. Some will express concern about veterans who return home and their opportunity to find a good job to support their families.
As a U.S. Army vet who served in the 1980s — and as the father of an Army veteran who served in Afghanistan — I always appreciate those thoughts. But I’m also concerned about efforts in the Legislature that would cut the pay of many Michigan veterans working in the construction industry.
I returned to Michigan after my service, and looked around for a good job, one that would let me build on my training, provide fairly for my family, offer decent health care benefits and a path to retirement. I found that job, training in an apprentice program and becoming a journeyman electrician as a member of IBEW Local 252. A portion of my paycheck each week goes to the apprenticeship program, to ensure those veterans and others who come after me get the training they need to do their job well and safely.
That turns out to have been a good investment. Now my son Matt is following in my footsteps. He’s in the Local 252 IBEW-NECA apprenticeship program, earning while he learns, at no cost to taxpayers. We know a lot of veterans in the industry. A recent report by the State of Michigan showed that about 9 percent of veterans are in the construction industry, compared with about 6 percent of state workers overall. And many were attracted to the fair pay and good training made possible by the state’s prevailing wage laws.
It’s exciting to see my son work in major, complex construction jobs at the University of Michigan — jobs that demand the skills I’ve gained over the years. But it’s not clear that good paying jobs in the skilled trades professions will be available to future vets.
A handful of politically powerful special interests want to cut the pay and benefits going to skilled trades workers by eliminating prevailing wage policies, even though research shows taxpayers won’t save a dime.
Prevailing wage policies say that taxpayer-supported jobs have to pay the going rate of pay in the region — usually the union-negotiated wage. Any company can bid, union or nonunion. But they have to pay a fair wage rate. It helps keep out-of-state companies from coming in with cheaper, less skilled workers to do the minimally acceptable job that meets minimum standards.
It’s in the state’s best interest to attract veterans such as Matt into the skilled trades, where there is a shortage of workers today. But without prevailing wage policies, the job will be a lot less attractive — in fact, many skilled-trades workers, including veterans, won’t enter the profession, or will go to another state. (Other Midwest states have prevailing wage policies, it’s mostly low-paying states in the South that don’t). Union apprenticeship programs will also disappear, and taxpayers will have to pay for those programs.
So this November, don’t just thank Matt and I for our service. We know you appreciate that. Take another step. Tell your lawmakers to support good jobs for veterans by supporting prevailing wage laws. That way Michigan veterans can return confident they will be able to get good training and support their families by taking jobs in the skilled trades
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Partnership description: The division and bureau signed a three-year Memorandum of Understanding intended to protect employees’ rights by preventing their misclassification as independent contractors or other non-employee statuses. The two agencies will provide clear, accurate and easy-to-access outreach to employers, employees, and other stakeholders; share resources and enhance enforcement by conducting coordinated investigations and sharing information consistent with applicable law.
Background: The division is working with the IRS and 28 other states to combat employee misclassification and to ensure that workers get the wages, benefits, and protections to which they are entitled. Mislabeling employees as independent contractors can deny them of basic rights such as minimum wage, overtime and a host of other benefits. Misclassification also reduces federal and state tax revenues, and prevents contributions to state unemployment insurance and workers’ compensation funds.
Quotes: “The Wage and Hour Division continues to attack this problem head on with a combination of a robust education and outreach campaign and a nationwide, data-driven, strategic enforcement across industries. Our goal is always to strive toward workplaces with decreased misclassification, increased compliance, and more workers receiving a fair day’s pay for a fair day’s work.”
Quote: “When corporations misclassify their workforce, they make it much more difficult for workers facing wage theft, civil rights abuse or other unfair treatment on the job. This agreement will create a new tool to help protect the rights of Oregon workers cheated on the job.”
/wp-content/uploads/2024/02/CMWCarpenterslogoFIN.png00IKORCC/wp-content/uploads/2024/02/CMWCarpenterslogoFIN.pngIKORCC2016-05-06 00:00:002019-06-24 04:23:11Agreement between U.S. Department of Labor, Oregon Bureau of Labor provides education, enforcement to protect workers from missclassification
America is rife with complex plots by businesses to illegally dodge workers-comp premiums. The flourishing underground economy that exists in many urban centers adds more kindling to the fraud fire, especially in construction. FraudWire reached out to Matthew Capece, senior executive with the United Brotherhood of Carpenters, for his thoughts. He’s been a specialist in employer payroll fraud in construction since 1989.
Workers compensation insurers have long dealt with premium-avoidance schemes. Among the ploys are lowballing workforce size and payroll, and misclassifying employees as independent contractors. How prevalent are premium scams in construction trades, and are any variations unique to construction?
Workers-compensation premium scams involving construction projects are alarmingly commonplace. They regularly occur on residential projects. We even find them on large commercial sites, schools, hospitals, high-rise condos and government jobs like military bases. Fraud has become standard operating procedure in a number of states, including Colorado, Florida, Georgia and Tennessee. But it is happening all across the country.
The schemes vary in sophistication, but the growing practice is using subcontract labor brokers. For instance, interior-systems specialty subcontractors install metal studs, sheetrock and ceilings. They also provide supervision and, maybe, some hands-on labor.
The bulk of their labor comes from brokers. Yet the specialty subcontractor supervises and treats the labor brokers’ workers like their own employees. Labor brokers aren’t staffing companies; they are individuals who can muster a handful to hundreds of construction workers. They may have a business office, but much of the time they operate out of a residence. They can either be incorporated or be dba’s.
Labor brokers will misclassify employees as 1099 subcontractors, but most pay employees under the table in cash or with a check. Some labor brokers are uninsured and use fake certificates of insurance, but many have policies. The problem is they pay premiums on a fraction of their true payrolls. There is a case in Florida where an insurance broker issued 450 insurance certificates to a labor broker, claiming $43,000 in payroll for four workers. Sophisticated schemes like those in Florida involve insurance brokers, accountants, upper-tier contractors, shell companies and check-cashing stores.
These schemes work well for specialty subcontractors. They use the lower labor costs from the brokers to underbid law-abiding competitors, while brandishing the subcontract relationship with brokers and insurance certificate to shield against liability. That is how they drive full-premium-paying contractors out of business and take control of markets.
I am not as familiar with other industries as I am with construction. I do know that the labor-broker system grew from the agricultural industry. In general, the practice of subcontracting labor has been growing. Still, the various studies of fraudulent employment practices universally list construction as a leading abuser.
We know it’s hard to measure workers compensation fraud nationally. Still, do you have any sense of how big premium scheming is (including lost revenues), and how it compares to bogus work injury claims in overall size?
I haven’t found a national study on the degree of workers-compensation premium fraud in the construction industry, but there are state studies. In Tennessee, carriers lost $91.6 million in 2006 and in California they lost $264 million in 2011. We think those estimates are low. Consider the 2008 West Palm Beach, Florida Grand Jury report on illicit use of check-cashing stores. The report described how just 10 contractors moved $1 billion in cash pay through check cashers in less than three years. You can find these studies and reports on our informational website.
Claimant fraud is less costly than employer premium fraud. A California report, though, shows premium fraud losses to carriers are much greater than claimant fraud. Total fraud losses from cases with the Department of Insurance amounted to $8 million in the first six months of 2013. Of that, $6.7 million came from premium fraud and $1.3 million from false claims. Those numbers were not broken down by industry. It’s noteworthy that claimant fraudsters were more likely to get jailed than employers.
Carriers are losing a shocking amount of premiums. Still, despite the significant dollars lost, premium fraud doesn’t get the attention it should. If we could double the premium-fraud losses caught by California it would mean a yearly number of $13.4 million. That’s just 5 percent of the $264 million lost in the construction industry alone.
How are key states identifying premium schemes and strengthening laws or other enforcement tools to combat them?
A number of states are taking innovative actions against premium fraud. The California insurance department gives grants to county district attorneys to fund insurance fraud prosecutions.
Washington is a monopolistic state. It uses fraud-detection software that compares information in various databases to identify likely abusers for premium-fraud audits. Tennessee is a private-market state. It has just installed a similar system. The legislature funded the system and additional compliance investigators. They also added a law creating civil penalties for premium avoidance.
Florida has dedicated workers-compensation compliance prosecutors in select counties. They also have a new database that gets real-time information about checks cashed at check-cashing stores that they compare to proof-of-coverage information. Both Florida and Connecticut also have demonstrated that they aren’t afraid to use their stop-work-order authority.
States need robust tools for both civil and criminal enforcement. But they can’t just be used against labor brokers. Enforcement must reach all parties involved, including the specialty subcontractors and other upper-tier contractors involved in schemes. Labor brokers are abundant and easily replaced.
How can the anti-fraud community partner with your union to combat workers-comp premium scams?
Because we are a construction union, we know how the industry operates, and specific job-site conditions and cheating employers. We can share that information with carriers and enforcement agencies willing to act. We also welcome others to work with us to strengthen state and federal law- enforcement capabilities. They include union and non-union employers, carriers and community organizations.
But it can’t stop there. We each must examine our own practices that encourage, enable or fail to detect fraud. The construction industry must change course and stop awarding work to scofflaws. Insurance certificates need to be modified so insurers can track the number being issued, and insurance certificates should indicate the amount of payroll and work classifications. Also, insurers should re-evaluate their auditing procedures, and whether premiums truly capture the risk posed by contractors and subcontractors using the labor-broker system.
Also, educating stakeholders is a large part of what we do. For more information, follow us on Twitter @nixpayrollfraud and visit payrollfraud.net.
We are prepared to engage with fellow stakeholders. Action is needed. Contractors who pay their full premiums are being marginalized in significant markets. They face increasing pressure to join in illegal schemes or go out of business. Moreover, insurance carriers are losing millions in premiums daily.
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Workers-comp premium scams by employers may steal more money than bogus work injury claims. At least that’s what many experts say. And the problem could be growing. This is especially true in urban centers with deep underground economies.
Firms in the dangerous construction trades are among the largest offenders. The Coalition met recently with a new and unexpected anti-fraud ally: the United Brotherhood of Carpenters. It’s the voice of organized labor in the building trades. Premium-avoidance schemes leave workers exposed without state-required benefits. Federal, state and local governments also lose untold millions in unpaid taxes.
Shady businesses lowball their workforce and payroll size — two important factors in setting comp premiums. The firms misclassify workers as subcontractors, then pay them in cash under the table. A dishonest employer illegally can duck hundreds of thousands of dollars in workers-comp premiums and taxes in a year.
Workers also are cheated out of workers-comp benefits, wages, overtime, unemployment benefits and Social Security. Honest employers lose business because cheaters use the illicit savings to underbid them for contracts. And, workers comp insurers lose premiums.
The Coalition’s recent meeting with the carpenters union revealed disturbing examples of premium-avoidance schemes: A building at the University of Connecticut … Florida hospital … construction at the Atlanta airport … and a building at the Walter Reed military hospital complex in suburban Washington, D.C.
The carpenters’ proposals for comp insurers show how partnerships can help move anti-fraud efforts forward more decisively:
Work together on best practices for conducting audits and investigations into premium-avoidance schemes;
Adopt procedures to red-flag suspected premium fraud; and
Cooperate with stakeholders on investigations.
Workers-comp insurers already do much of this, yet premium cons remain virulent. What’s needed is stepped-up alertness and action by all parties. This becomes a force-multiplier that identifies more schemes, and boosts the entire anti-fraud effort.
Fraud fighters and their allies must team up to educate state policymakers about stopping costly comp scams — premium avoidance and false injury claims. Fraud fighters can speed up progress by enlisting non-traditional allies such as the carpenters union. The more influential allies that join anti-fraud efforts, the stronger our efforts against comp scams will become.
Source: Fraud Wire
Graphic: Fraud Wire
Image: Bernard Pollack
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America is rife with complex plots by businesses to illegally dodge workers-comp premiums. The flourishing underground economy that exists in many urban centers adds more kindling to the fraud fire, especially in construction. FraudWire reached out to Matthew Capece, senior executive with the United Brotherhood of Carpenters, for his thoughts. He’s been a specialist in employer payroll fraud in construction since 1989.
