For Immediate Release - December 11, 2014

New Hampshire Based Contractor Ordered to Pay More Than $200,000 for Violating Massachusetts Prevailing Wage Laws

Company and Owner Prohibited from Bidding for Public Construction Jobs

BOSTON – A New Hampshire based drywall contractor has been ordered to pay more than $200,000 in restitution and penalties for violating the Massachusetts prevailing wage and record keeping laws, Attorney General Martha Coakley announced today.

“The prevailing wage law ensures a level playing field for contractors and their workers who build our public schools, libraries, police stations and other public facilities,” AG Coakley said. “The enforcement of these laws protects workers’ rights and our taxpayer dollars.”

R&A Drywall, LLC, located in Goffstown, and owner Allan Vitale, a New Hampshire resident, have been cited for failing to pay the proper prevailing wage and for intentionally failing to turn over payroll records for the Attorney General’s investigation of violations at the Quincy College Coddington Hall public works project (“Quincy Project”), and the Division of Capital Asset Management & Maintenance’s Parcel 7 Fit Out-Renovation public works project (“Haymarket Station”), in Boston.

R&A Drywall, LLC and Allan Vitale have also been debarred for one year from the date of the citations by the Attorney General for failing to comply with those citations, meaning neither may submit bids to be hired to perform work on any public works projects in Massachusetts.

In December 2013, the Attorney General’s Fair Labor Division initiated an investigation after receiving separate referrals from the Governor’s Joint Enforcement Task Force on the Underground Economy and Employee Misclassification and the New England Regional Council of Carpenters alleging that R&A Drywall, LLC and Vitale were not properly paying workers who were performing carpentry work under the prevailing wage laws. The Attorney General’s investigation confirmed that between May 2013 and September 2014, R&A Drywall, LLC and Vitale underpaid four employees as apprentices performing carpentry work at the Quincy Project while the company lacked a qualified apprentice program and underpaid 17 additional employees below the required hourly rate for carpentry work performed at both the Quincy Project and Haymarket Station. In total, R&A Drywall, LLC and Vitale have been ordered to pay more than $200,000 in restitution and penalties.

The AG’s Fair Labor Division is responsible for enforcing the Wage and Hour and Prevailing Wage laws in the Commonwealth. Workers who believe they may not have been paid the appropriate wages are encouraged 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: www.massworkrights.com.

This matter was handled by Assistant Attorney General Drew Cahill and was investigated by Inspectors Joseph Drzyzga and Ed Minchello, all of Attorney General Coakley’s Fair Labor Division.

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