Press Release  Pembroke Construction Company Cited More Than $200,000 for Violating State Overtime Law and Misclassifying Workers

Boston — A Pembroke construction company has been cited more than $200,000 in restitution and penalties for violating the state overtime law and misclassifying their workers, Attorney General Maura Healey announced today.

SCA Construction, Inc. and its owner, Shane Adams, of Kingston, were cited $221,391.75 for failing to pay overtime to 91 employees and for misclassifying them as independent contractors. The citation includes restitution owed to those 91 employees.

“Companies cannot violate our state laws to avoid paying their employees properly or to gain an unfair advantage,” said AG Healey. “We will continue our efforts to recover hard-earned money owed to workers.”

The AG’s Office began an investigation after an employee of SCA Construction filed a complaint alleging that he worked in excess of 40 hours in a week but that he was paid the regular rate of pay instead of the overtime rate.

The investigation revealed that between August 2013 and August 2015, SCA Construction failed to pay its employees overtime wages. The state’s overtime law requires employers to pay qualifying employees time and one half their regular rate of pay for all hours worked over 40 in a work week. The AG’s Office also determined that the employer misclassified employees as independent contractors.

The AG’s Fair Labor Division is responsible for enforcing the laws regulating the payment of wages, including prevailing wage, minimum wage and overtime laws. Workers who believe that their rights have been violated in their workplace are encouraged to call the Office’s Fair Labor Hotline at (617) 727-3465. More information about the state's wage and hour laws is also available in multiple languages at the Attorney General’s Workplace Rights website www.massworkrights.com.

This matter is being handled by Assistant Attorney General Jennifer Cotter and was investigated by Inspector Jennifer Pak, both of Attorney General Healey’s Fair Labor Division.

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