California Labor Commissioner Reaches Settlement of Over $875,000 for Unpaid Wages
June 6, 2012 - The office of the California Labor Commissioner today issued the following press release about a settlement in an important case involving failing to pay prevailing wage, overtime wages, and other labor violations. This action demonstrates the importance of having worker-friendly administrations appointing strong advocates of workers’ rights to positions charged with enforcing wage, health and safety laws. The release follows:
California Labor Commissioner Julie A. Su announced a settlement today on a civil wage and penalty assessment issued by the Labor Commissioner against prime contractor Tadros & Youssef Construction in the Arcadia Unified School District. Tadros & Youssef Construction has agreed to pay $877,876.64 in back wages and penalties for failure to pay prevailing wage, overtime wages, and related labor violations.
"This public works project is an investment the taxpayers of California have made in their educational system, and when contractors entrusted to build out that vision abuse the public's trust, we will not stand by and let that go on," said DIR Director Christine Baker. "Public works requirements such as prevailing wage exist to ensure that public money is spent properly, and that the highest possible value is received from public works projects."
"California workers must be paid prevailing wages for all work they perform on public works projects. Prevailing wage protections exist for the benefit of the men and women who build schools in our communities and for the honest employers who deserve a level playing field," said Labor Commissioner Julie A. Su. "We hope this settlement sends a strong message that all employers who are paying workers less than they are owed are operating illegally, and meaningful enforcement that gets wages owed into workers' pockets is an absolute priority of the Labor Commissioner's office."
An investigation was launched by the California Department of Industrial Relations' (DIR) Division of Labor Standards Enforcement (also referred to as the Labor Commissioner's Office) when a worker filed a complaint against Tadros & Youssef Construction alleging that the contractor did not pay any wages for work performed on the project at Highland Oaks Elementary School in Arcadia in 2009 and 2010. The worker had installed all stainless steel and wood doors throughout the school, and was promised to be paid by piece rate - work that is paid according to the number of units completed.
"Piece rate payment should never be used as an end-run around minimum wage and prevailing wage laws," added Julie A. Su. "Workers are entitled to at least the hourly floor for every hour worked."
In the ensuing investigation, nine other workers who were interviewed alleged they were not paid prevailing wage, and that overtime rates and hours were not paid as well. The settlement reached represents the full amount of the payment requested by the Labor Commissioner, $877,876.64.
The workers split the wages and liquidated damages, while the prevailing wage penalties will be allocated as mandated by Labor Code Section 2698 for enforcement of labor laws and education of employers and employees about their rights and responsibilities.
Tadros & Youssef Construction, based out of Upland, California, is no longer in business.
To help combat those employers who perpetrate wage theft, the Labor Commissioner created the Criminal Investigation Unit (CIU) in February of this year. The CIU is tasked with investigating criminal provisions of the Labor Code and holding accountable employers who underpay, underbid, and under-report.
The Labor Commissioner's office also launched the Compliance Monitoring Unit in January to ensure more effective enforcement of prevailing wage laws during the life of a project, rather than only after a project is completed.
In addition, the Labor Enforcement Task Force was launched by DIR at the start of this year. LETF is a collaborative effort between several state agencies to combat the underground economy and improve the business climate in California for those employers who are in compliance with the law.
The California Department of Industrial Relations' Division of Labor Standards Enforcement adjudicates wage claims, investigates discrimination and public works complaints, and enforces state labor laws. To learn more about the DLSE, visit http://www.dir.ca.gov/dlse and for more information on the LETF please visit http://www.dir.ca.gov/LETF/LETF.html
Employees who have work-related questions or complaints can call the California Workers' Information Hotline at 1-866-924-9757.
www.dir.ca.gov Twitter: @CA_DIRFacebook.com/CaliforniaDIR
CONTACT: Dean Fryer, Erika Monterroza (510) 286-1161
SOURCE California Department of Industrial Relations
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