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Painting Company To Pay A Hefty Restitution For Intentionally Violating MA Wage Laws

04 Mar, 2009 WorkersCompensation.com

                               
Boston, MA (CompNewsNetwork) - Attorney General Martha Coakley's Office has reached an agreement with an Arlington painting company to settle allegations that the company intentionally violated the Massachusetts Wage and Hour and Prevailing Wage Laws.  Homer Contracting, Inc. (Homer Contracting), and its president, Ekaterini Bouboulis, age 54, will pay over $253,000 in restitution and $20,000 in fines for failing to pay the prevailing wage. The company will also pay more than $39,000 in restitution and $10,000 in fines for the overtime violations, a $10,000 fine for failing to submit true and accurate certified payroll records, a $10,000 fine for failing to maintain true and accurate general payroll records and a $10,000 fine for failure to provide its employees pay stubs. As a result of the violations, Bouboulis and Homer Contracting have also agreed to an 18 month debarment, which prevents them from bidding on, contracting with, and working on any new public works construction projects in the Commonwealth for a period of 18 months.

In July 2008, the Attorney General's Office received a complaint alleging that Bouboulis and Homer Contracting were failing to pay the prevailing wage for painting being performed at five Boston Public School public work projects.  As a result of the complaint, investigators from the Attorney General's Fair Labor Division conducted multiple site inspections and performed an audit of all of the company's payroll records.  The investigation revealed that Homer Contracting and Bouboulis had failed to pay 35 employees the prevailing wage and failed to pay 12 of those workers overtime.  Violations were discovered at numerous job sites throughout Massachusetts, including: Ashby Library; Middleborough Early Childhood Learning Center; Pembroke High School; Haverhill High School; River Howard in Cambridge; Bedford High School; Newburyport High School; Bay Village, New Bedford Housing Authority; Gam Modernization in Milford; Pleasant View in Fall River; Salisbury Town Hall; Ashburnham Town Hall; Kuss Middle School in Fall River; as well as five schools in the Boston Public School system.

The Prevailing Wage and Records Keeping Laws apply to all construction work performed on public works projects in Massachusetts.  The Prevailing Wage Laws allow all contractors bidding on public works projects to enjoy a "level playing field" by standardizing the rate of pay the workers will earn.  The Records Keeping Laws allow state agencies to monitor the spending of taxpayer monies on public construction projects.

The matter was handled by Assistant Attorney General Miranda Jones and investigated by Investigator Dan Cullinane, both of Attorney General Coakley's Fair Labor Division.

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