Northborough construction firm fined $744K over wage laws, misclassification of workers
Photo | State House News Service
Massachusetts Attorney General Andrea Campbell
A Northborough-based construction company and its president have been fined $744,224 for allegedly violating a number of employee rights laws impacting 101 workers.
The Massachusetts Attorney General’s Office cited Franca Services and its President David Franca for breaching the state’s wage and hour laws as well as its Earned Sick Time law.
The AG’s office alleges Franca Services neglected to properly pay overtime rates for employees who worked more than 40 hours per week, misclassified 101 employees as independent contractors, failed to inform workers of an earned sick time policy, and didn’t accurately keep records of employee payroll, according to a joint press release Thursday from the AG’s office and the AG’s Fair Labor Division.
Franca Services did not return WBJ’s request for comment.
The state’s wage and hour laws mandate employers pay workers 1.5x their regular rate for hours worked beyond 40 hours in a week, categorize their workers as employees unless they meet specific independent contractor criteria, and keep accurate employee payroll records, according to the release.
The state’s Earned Sick Time Law asserts employers must notify and implement their workers’ right to earn and use up to 40 hours of sick time per year.
“When employers violate our laws, including by failing to make timely wage payments, the economic security of workers and their families is unfairly put at risk,” AG Andrea Joy Campbell said in the release. “My office will continue to enforce our laws to protect and empower workers, reminding employers that Massachusetts is serious about protecting workers’ rights.”
The AG’s citation follows an investigation prompted by a complaint referral from the Roslindale-based labor union International Union of Painters & Allied Trades DC 35.
“This is a tremendous victory for working people. The brave workers who came forward helped expose a company that was cheating more than 100 men and women out of the wages and protections they were legally owed,” Jorge Rivera, the union's director of organizing, said in the release. “We’re proud to have stood with them from day one, and we thank Attorney General Campbell and her team for taking swift action and delivering real justice.”
Franca Services’ citations come after the AG’s office served similar citations to several Central Massachusetts Dunkin' locations for allegedly violating child labor laws.
Mica Kanner-Mascolo is a staff writer at Worcester Business Journal, who primarily covers the healthcare and diversity, equity, and inclusion industries.
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