Construction Materials

US Department of Labor again cites Jacksonville residential roofing contractor for exposing workers to fall hazards, proposes $72K in penalties Employer:       Brayden Roofing Specialists LLC4728 Brierwood RoadJacksonville, FL 32257Investigation Findings: On Aug. 9, 2023, a U.S. Department of Labor Occupational Safety and Health Administration investigation found that Brayden Roofing willfully exposed employees to fall hazards by allowing them to work on 10-foot high roofs without fall protection at a Jacksonville worksite. The agency also cited the company with a serious violation for not making sure ladder rails extended above the roof’s upper landing surface. Proposed penalties:   $72,683 Background: In three previous investigations in 2022 and 2023, OSHA cited Brayden Roofing Specialists for similar failures. In May 2022, inspectors identified three serious violations related to lack of head protection, eye and face p...

US Department of Labor, Office of the Trade Representative seek review by Mexican government into alleged labor rights denial at Nuevo Laredo plant WASHINGTON – The U.S.-Mexico-Canada Agreement’s Interagency Labor Committee for Monitoring and Enforcement today requested a review from the government of Mexico of the Tecnología Modificada facility in Nuevo Laredo, based on its investigation of a denial of workers’ rights. The facility is operated by a subsidiary of Caterpillar Inc., one of the world’s leading manufacturers of construction and mining equipment, and other products.The U.S. Department of Labor and U.S. Trade Representative co-chair the Interagency Labor Committee.The request follows a Sept. 25, 2023, petition filed under the USMCA’s Rapid Response Labor Mechanism by the National Independent Union of Industry and Service Workers “20/32 Movement” alleging that the company unlawfully terminated a worker for union organizing and that the company engaged in s...

Vermont contractor pays nearly $44K in punitive damages, lost wages to former employee fired for exercising rights under federal wage law Employer name:                               Kingsbury Companies LLCInvestigation site:                 58 Center Road, Middlesex, VT 05602 Investigative findings:          The U.S. Department of Labor’s Wage and Hour Division found that the employer, a construction contractor, terminated an employee in March 2023, in retaliation for speaking with the employer and other employees about whether they were receiving the correct pay. In an administrative settlement with the division, Kingsbury Companies LLC has paid the worker $40,000 in punitive damages and $3,901 in back pay for the period du...

US Department of Labor implements final rule to modernize Davis-Bacon Act regulations, better meet construction workers’ needs WASHINGTON – The U.S. Department of Labor today announced the implementation of a final rule that modernizes Davis-Bacon Act and Davis-Bacon and Related Acts regulations to reflect the needs of construction workers on federally funded projects better.Implementation of the “Updating the Davis-Bacon and Related Acts Regulation” follows the August 2023 publication of the final rule in the Federal Register, which is the most comprehensive update in decades.The update greater clarifies and enhances the effectiveness of the DBRA regulations to meet the demands of the modern economy. They strengthen and streamline the process for setting and enforcing wage rates on federally funded construction projects to make sure federal infrastructure investments are also investments in U.S. workers.“Modernizing the Davis-Bacon and Related Acts is key to making sure...

Department of Labor cites Wisconsin roofing contractor for again exposing workers to fall hazards at residential home site in Appleton Employer:                                          Brookens Construction LLC                                                                 6592 Lake Road, Suite D                                                                 Windsor, Wisconsin 53598Citations Issued:          ...

US Department of Labor obtains consent injunction requiring New York contractor to provide employees with fall protection NEW YORK – The U.S. Department of Labor has obtained a consent injunction ordering a Rockland County roofing contractor and its principal to provide employees with fall protection equipment and make sure it’s used at all company worksites, as required by federal law. The order finds that, by allowing employees to do roofing work without fall protection, the company is exposing them to imminent danger of death or serious harm.Since 2019, the department’s Occupational Safety and Health Administration has cited ALJ  Home Improvement Inc. multiple times for fall-related violations, including after company employees suffered fatal falls in 2019 and 2022. In May 2023, ALJ and its owner Jose Lema signed a settlement agreement with OSHA to resolve and affirm willful citations the agency issued in 2021, which includes enhanced provisions for correcti...

US Department of Labor recovers $224K in back wages from two contractors for 37 electricians denied full wages on federally funded project ORLANDO, FL – The U.S. Department of Labor has recovered $224,113 in lost wages and benefits for 37 Florida workers after finding two employers failed to pay fringe benefits and prevailing and overtime wages to employees working on a new Veterans Affairs multi-specialty outpatient clinic in Daytona Beach.The recovery follows investigations by the department’s Wage and Hour Division that found violations of the Davis-Bacon and Related Acts and the Contract Work Hours and Safety Standards Act for work being performed on a federally funded project. Specifically, investigators found M.C.A. Communications Inc. failed to pay electricians their fringe benefits and the full prevailing wage for all hours worked. The Houston-based employer also used a rate lower than the prevailing wage rate to compute overtime, allowing them to pay o...

Federal court enters consent judgment ordering New Jersey framing contractor to pay $360K for wage, retaliation violations at Lynn, Massachusetts project BOSTON – A federal court in Boston has entered a consent judgment ordering a New Jersey-based framing contractor to pay 61 construction employees $283,492 in back wages and liquidated damages and $46,507 in punitive damages to two former employees, allegedly fired for cooperating with U.S. Department of Labor investigators. The department obtained the judgment in the U.S. District Court for the District of Massachusetts against P & B Partitions Inc. of West Berlin after an investigation by its Wage and Hour Division and litigation by its Office of the Solicitor concerning the employer’s overtime, recordkeeping and anti-retaliation violations at the Caldwell Monroe Street development project in Lynn.The department alleged P & B tried to avoid paying overtime premiums to certain employees. Specifically, the depart...

US Department of Labor cites Bronx contractor for excavation hazards after deaths of two workers at JFK Airport NEW YORK – Two employees of a Bronx water and sewer line construction contractor were fatally injured in a trench at a construction site at John F. Kennedy International Airport in Queens on April 3, 2023. These fatalities could have been prevented if their employer, Triumph Construction Corp., had ensured proper safeguards, a federal investigation found. The two employees were attempting to remove soil from below a concrete slab located within a trench when the slab broke apart and collapsed, fatally crushing both workers. U.S. Department of Labor Occupational Safety and Health Administration inspectors found that Triumph Construction failed to:Support the concrete slab, exposing both employees to the danger of a collapse.Instruct employees on safe methods to remove the slab and provide supervision to ensure those methods were followed. Construct the exca...

Department of Labor recovers $106K in back wages, damages for 29 workers, finds repeated, willful violations by Guam subcontractor at Base Camp Blaz DEDEDO, GUAM – The U.S. Department of Labor has debarred a federal subcontractor on Guam from seeking federally funded contracts after the department’s Wage and Hour Division found the employer shortchanged 29 construction workers at Marine Corps Base Camp Blaz in Dededo and gave investigators falsified records.The action comes after division investigators determined Danes Construction Corp. in Yigo violated federal regulations governing the employment of workers on projects supported by federal funds. Specifically, the division found the employer did the following:Paid ironworkers less than their required prevailing minimum wage rate of $14.84 per hour. Failed to pay temporary, non-immigrant workers from the Philippines for all hours worked.Did not record hours worked or wages paid correctly.Paid workers straight-time rates...

Biden-Harris administration scales program to expand equal opportunity, diversity in construction trades for jobs on large infrastructure projects WASHINGTON – The U.S. Department of Labor announced today the designation of additional federally funded construction projects for participation in the Mega Construction Project Program. Launched by the Office of Federal Contract Compliance Programs in March 2023, the program fosters equal opportunity in the construction trades workforce, helping to expand access to the millions of good-paying jobs being created by President Biden’s Investing in America agenda. The Mega Construction Project Program brings the public and private sectors together on a select group of “megaprojects,” for which OFCCP provides contractors and subcontractors compliance assistance to strengthen recruitment, hiring and employment practices. The assistance focuses on removing barriers to opportunity for underrepresented communities including women...

US Department of Labor settlement agreement affirms citations issued to New Jersey contractor that exposed workers to energized power lines WAYNE, NJ – The U.S. Department of Labor has entered into a settlement agreement with a New Jersey building contractor who allowed their subcontractors’ employees to work in close proximity to high-voltage power lines at a Paterson work site in 2021 and 2022.The litigation followed inspections by the department’s Occupational Safety and Health Administration in the Fall of 2021 and in Spring of 2022 that found Litana Development Inc. of Wayne was allowing workers employed by four subcontractors — Prata Construction LLC of Denville, Konopka Construction Inc. of Hillside, Freitas Construction LLC of Carteret, and Elite Brothers Construction LLC of Paterson — to be exposed to potentially deadly electrical hazards.In its 2021 inspection, OSHA found Litana Development Inc., acting as the general contractor, permitted workers to erect scaf...