Press Release  Lynn Painting Contractor Pleads Guilty to Criminal Charges for Intentionally Not Paying Workers

Lynn — A Lynn painting contractor who was criminally charged for intentionally not paying workers has pleaded guilty and been sentenced, Attorney General Maura Healey announced today. A hearing will be held to determine the amount of restitution owed to workers.

On Wednesday, Derek Sullivan, age 46, owner of Sullivan Commercial Painting, Inc., located in Lynn, pleaded guilty in Lynn District Court to charges of Willful Failure to Pay Wages in a Timely Manner (14 counts).

After the plea was entered, District Court Judge James L. LaMothe, Jr. sentenced Sullivan to three years of probation, a one-year debarment, and a $2,500 fine. A hearing will be held on Sept. 12, 2017 to determine restitution owed to employees.

“This defendant has a history of cheating his workers,” said AG Healey. “In Massachusetts, workers must be paid what they are owed in full and in a timely manner. We will use our enforcement powers as appropriate to hold accountable any employers who do not abide by those laws.”

Sullivan Commercial Painting serves apartment complexes and major retail establishments. The AG’s Fair Labor Division began an investigation after receiving a referral from the Chelsea Collaborative.

The investigation revealed that Sullivan routinely did not pay his employees in a timely manner. In many instances, employees received no compensation for weeks of work or only small partial payments. Under state law, employees must be paid all of their wages within six days of the end of each pay period. 

Sullivan was previously charged by the AG’s Office and pleaded guilty in 2009 to five counts of failing to pay wages timely, five counts of failing to pay overtime, and one count of failure to keep payroll records. He was sentenced to two years of probation.

The AG’s Fair Labor Division has criminal and civil authority to enforce the laws regulating the payment of wages, including prevailing wage, minimum wage, and overtime laws. Workers who believe that their rights have been violated are encouraged to call the Office’s Fair Labor Hotline at (617) 727-3465 or visit the Attorney General’s Workplace Rights website www.mass.gov/ago/fairlabor.

This case was prosecuted by Assistant Attorney General Erik Bennett and Investigator Greg Reutlinger, both of AG Healey’s Fair Labor Division.

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