US Department of Labor, Missouri roofing contractor reach agreement after teen worker’s fatal fall in 2023

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US Department of Labor, Missouri roofing contractor reach agreement after teen worker’s fatal fall in 2023 JAMESPORT, MO – The U.S. Department of Labor reached an agreement with Jamesport roofing contractor John Troyer after a federal investigation determined he violated federal laws, resulting in a teen worker’s fatal fall in March 2023.The department’s Occupational Safety and Health Administration found that Troyer, owner of Troyer Construction LLP which operates as Troyer Roofing & Coatings, failed to provide workers with required fall protection. A separate investigation by the department’s Wage and Hour Division found he violated the Fair Labor Standards Act by employing minors illegally in roofing work from May 2022 to June 2023.Under the agreement, Troyer must pay $290,000, which includes $156,259 in OSHA penalties, $15,000 in child labor penalties, and $118,741 in criminal fines to the U.S. Department of Justice. The company will also enroll in...
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Phoenix drywall, painting contractor must pay more than $7.4M in wages, damages after deliberately denying overtime to over 1,400 employees

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Phoenix drywall, painting contractor must pay more than $7.4M in wages, damages after deliberately denying overtime to over 1,400 employees
PHOENIX – The U.S. Department of Labor has obtained a consent judgment ordering two commonly owned Arizona drywall and painting companies to pay $7,450,000 in back wages and damages after investigators found the employers willfully denied overtime pay to more than 1,400 employees.The Jan. 15, 2025 judgment by the U.S. District Court of the District of Arizona follows an investigation by the department’s Wage and Hour Division that found Apodaca Wall Systems Inc. and Empire Wall Systems Inc. in violation of the Fair Labor Standards Act. The companies, owned by Arnold Apodaca and his children Michael and Brittany Apodaca, attempted to evade payment of overtime wages by paying hourly employees with multiple checks at straight-time rates for all hours worked. They also used labor brokers to hire hourly workers who were paid in cash at straight time even when they worked over 40 hours in a workweek. Additionally, the companies paid a piece rate, based on square feet completed, to workers outside the company’s payroll without regard to the number of hours worked. Crew leads received and then redistributed the piece-rate pay to these workers, denying them overtime pay required by law.“Apodaca Wall Systems and Empire Wall Systems exploited hundreds of vulnerable workers and intentionally deprived them of hard-earned overtime wages,” said Wage and Hour Administrator Jessica Looman. “They concocted multiple schemes to evade federal overtime laws and attempted to increase their profits on the backs of their employees. In the process, they made it more difficult for these employees to make a living and provide for themselves and their families.”In addition to the payment of $3,725,000 in overtime back wages and an equal amount in liquidated damages, the judgment permanently forbids and restrains from future FLSA violations Apodaca Wall Systems and Empire Wall Systems and orders  them to pay the department $125,000 in penalties.“Piece-rate workers are entitled to premium pay for overtime hours,” added Western Regional Solicitor Marc Pilotin in San Francisco. “These companies purposely cheated workers and hurt their communities by violating federal law deliberately and are now learning illegal actions like these have costly consequences.”The division’s Phoenix District Office conducted the investigation. The regional Office of the Solicitor in San Francisco obtained the judgment on the case.The department’s significant enforcement efforts in Arizona’s construction industry in the last five years recovered more than $22 million in unpaid wages and damages for workers. Based in Phoenix, Apodaca Wall Systems and Empire Wall Systems provide interior painting and drywall construction. Apodaca Wall has been recognized by Hispanic Business magazine as one of the fastest-growing companies in the U.S.Current and former Apodaca Wall Systems and Empire Wall Systems employees should call the division directly at 602-407-5323 to find out if they are owed back wages recovered as part of this judgment. The department can speak confidentially with callers in more than 200 languages through the agency’s toll-free helpline at 866-4US-WAGE (487-9243).Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division and how to file an online complaint.Download the agency’s new Timesheet App for iOS and Android devices – also available in Spanish – to ensure hours and pay are accurate.Julie Su v. Apodaca Wall Systems Inc. and Empire Wall Systems Inc.; Arnold Apodaca, an individual; Michael Apodaca, an individual; and Brittany Apodaca, an individual

Published at January 17, 2025 at 04:00AM
Read more at https://dol.gov

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