A construction company based out of Bay Shore has been accused of violating New York labor laws due to misclassifying employees and underpaying them for their work. This allegation came from the Nassau County District Attorney’s office, who has brought a lawsuit against the company for its violations. The suit highlights how workers can be exploited when their employers are not honest or careful about how their employees are classified.
What Happened in This Case?
The company, SIW, Inc., was arraigned on February 15 for a misdemeanor violation of New York labor law by the Nassau County District Attorney after it was found they had underpaid their employees by around $47,000. Allegedly, it was found that the company misclassified ten journeymen, resulting in the company underpaying them at the lower apprentice rate. In one case, an employee was underpaid by around $19,000 by themselves.
What is the Lawsuit Seeking?
The lawsuit is seeking $47,004 in restitution, plus an additional $20,000 in penalties, as a result of the company’s misconduct. The lawsuit surrounds allegedly underpaying journeymen workers on the construction of a number of public works projects done on behalf of the county, including for several school districts and fire departments. The company denies any and all wrongdoing, and says it has been working with the District Attorney’s office to address what it calls “bookkeeping issues.”
Why Might This Have Happened?
The most innocuous reason this might have happened is due to, as the company put it, poor bookkeeping, unintentionally misclassifying more experienced workers as apprentices. However, it is also possible that the company may have been deliberately underpaying its workers in order to save money on labor costs, bolstering their profits in the process. Sadly, this sort of issue is more common than most people realize, and a large number of workers may be getting underpaid or losing out on benefits due to being misclassified.
What Should You Do?
If you are not being paid what you are legally owed, or your employer has misclassified you, it may be a good idea to speak to a lawyer with experience handling labor and employment law issues. They can help you review the facts of your situation and explore all possible legal options. The sooner you get in contact with them, the sooner they can get to work for you.
Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer with more than 44 years’ experience handling the many aspects of employment law. His new book, “Fired!: Protect Your Rights & FIGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit,” is available in hardback, and contains valuable advice on dealing with employment and labor law issues. To purchase the book, feel free to contact Steven Sack at 917-371-8000 or visit the website at legalstratpub.com. To inquire about a legal matter, please feel free to contact attorney Steven Sack at 917-371-8000 or stevensackatty@hotmail.com.
