June 18, 2009 - For immediate release:
Attorney General’s Office Returns Nearly $560,000 to Workers and Fines Companies $195,000 as Part of Ongoing Efforts to Address Wage Violations in the Painting Industry
BOSTON – As part of an ongoing effort to address wage violations in the painting industry, the Attorney General’s Office has resolved 27 cases and has recovered nearly $560,000 in restitution for over 250 employees of various employers and fined painting companies nearly $195,000 since the spring of 2008. In addition to civil penalties, the Attorney General’s Office has also taken criminal enforcement action against several painting companies and owners, and has debarred companies that have violated the state’s Prevailing Wage laws, preventing them from bidding on public works projects in the Commonwealth. The attached list details the painting cases that the Attorney General’s Office has resolved since the spring of 2008.
“Our office is working diligently to level the playing field in the painting industry so that painting contractors that follow the rules are not at a competitive disadvantage,” Attorney General Martha Coakley said. “We are committed to enforcing the law so that fewer workers are exploited and so that the Commonwealth no longer loses revenue because of employee misclassification.”
Most recently, Attorney General Martha Coakley’s Office cited two painting companies. Orlando Painting Inc., located in Northborough, and its President, Gary J. Orlando, 54, were cited for over $105,000 in restitution and penalties for violating the state’s Overtime and Prevailing Wage laws on six public construction projects in Massachusetts. In a second case, the office has issued a civil citation against Martin Bourke, 41, of Nantucket, and his company Martin Bourke Painting, Inc., also located in Nantucket, for violating the Massachusetts Independent Contractor Statute.
In October 2007, the Attorney General’s Office began an investigation into the payment practices of Orlando Painting after receiving a complaint alleging that the company failed to pay prevailing wage on public works projects in Massachusetts. Investigators reviewed an audit of the company’s records and discovered that the company failed to pay prevailing wage at six public construction projects from December 2006 through February 2008. The public projects included: University of Massachusetts Medical School in Worcester, Athol Rail Depot, Westfield State College, Town of Falmouth Public Library, Town of Blandford Water Treatment Plant, and Framingham’s Athenaeum Hall. The company also failed to pay overtime to three employees and failed to submit accurate certified payroll records to the proper awarding authorities, as required by the Massachusetts Wage Act. The citations require Orlando and his company to pay over $68,900 in restitution to 23 employees, as well as over $36,700 in fines to the Commonwealth.
In July 2008, the Attorney General’s Office began an investigation into Martin Bourke, Inc., after receiving a complaint alleging that Bourke was misclassifying his employees. Investigators from the Attorney General’s Fair Labor Division discovered that during the period of April 2007 through December 2007, Bourke and the company misclassified employees who were performing painting work for the company as independent contractors. The citation requires Bourke and his company to pay a $7,500 fine to the Commonwealth for the violations.
The Attorney General’s Fair Labor Division is responsible for enforcing the prevailing wage, minimum wage and overtime laws, and the payment of wages laws in the Commonwealth. Workers who feel 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.
The Orlando Painting case was handled by Assistant Attorney General Jay Clark and investigated by Inspector Joseph Drzyzga and the Martin Bourke Painting case was handled by Assistant Attorney General Anita Maietta and Inspector Paul Gordon, all of Attorney General Coakley’s Fair Labor Division.