For Immediate Release - August 08, 2011

Wilmington Construction Company Cited More Than $472,000 for Not Properly Paying Employees

Company Also Misclassified Workers as Independent Contractors

BOSTON - A Wilmington construction company and its owner have been ordered to pay more than $472,000 in restitution and fines for failing to pay the prevailing wage, misclassifying workers as independent contractors, and numerous other wage violations, Attorney General Martha Coakley's Office announced today.

"All workers on public construction projects in the Commonwealth deserve to be paid what they are rightfully owed under the law," said AG Coakley. "Any employer that has a state or municipal contract must abide by the rules, which includes properly classifying their employees in their records."

R. Humphrey, age 63, owner of RPM Services, Inc. (RPM), located in Wilmington, and RPM have been cited for failing to pay more than $104,000 in prevailing wages to 11 employees at 16 public construction projects and failing to pay $105,000 in wages to 13 employees. RPM performs street sweeping, paving, and construction work on both public and private projects. Humphrey has also been cited for willfully failing to pay more than $4,500 in overtime to five employees and willfully misclassifying two employees as independent contractors. In total, Humphrey and RPM have been ordered to pay more than $213,000 in restitution to the affected employees.

Investigators also discovered that Humphrey willfully failed to submit true and accurate certified payroll records to the awarding authorities, failed to submit any certified payroll records to the awarding authorities at 15 projects, and failed to keep true and accurate payroll records. Humphrey also failed to furnish certified payroll records to the AG's Office for inspection. The AG's Office has cited Humphrey and RPM a total of $257,500 in fines for the multiple wage and record keeping violations.

After receiving complaints from former employees in March 2009, investigators from the AG's Fair Labor Division reviewed the available wage and hour records, including RPM's certified and general payroll record and time sheets. Investigators discovered that Humphrey and RPM failed to pay the prevailing wage rate to their employees for work performed on public construction jobs from May 2007 through October 2009.

By comparing the company's employees' time cards to its payroll records, investigators further discovered that Humphrey and RPM did not pay employees for all hours worked or for overtime. From October 2006 through October 2009, Humphrey and RPM did not issue pay stubs to any of their employees who received additional company checks for certain hours worked. Investigators also discovered that Humphrey and his company had committed additional record keeping violations.

Workers who believe that their rights have been violated are strongly urged to call the Attorney General's Fair Labor Hotline at (617) 727-3465. More information about the wage and hour laws is also available in multiple languages at the Attorney General's Workplace Rights website at www.massworkrights.com.

The case was handled by Assistant Attorney General Miranda S. Jones and investigated by Investigator James P. Coughlin, both of AG Coakley's Fair Labor Division.

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