AG RECOVERS MORE THAN $170,000 IN WAGES AND PENALTIES

AG RECOVERS MORE THAN $170,000 IN WAGES AND PENALTIES FROM PAVING COMPANY FOR FAILING TO PAY OVERTIME TO WORKERS

BOSTON – A Methuen paving contractor and its president have been cited $172,554 in restitution and penalties for violating the Massachusetts overtime law for work performed on various public works projects across the state, Attorney General Maura Healey announced today.

“State prevailing wage laws ensure that companies working on public works projects do not cut corners to gain an unfair competitive edge,” said AG Healey. “This company cheated its workers out of overtime pay and with this action by my office, will now pay them what they are owed.”

The AG’s Fair Labor Division began an investigation into EJ Paving and its president, Thomas Evangelista, after receiving a complaint from an employee alleging he was not paid overtime for all hours worked in excess of 40.

The investigation revealed the company paid overtime to its employees after they had worked in excess of 45 hours during a week, though the law requires employees be paid time and a half after working more than 40 hours a week. The investigation also revealed that when employees worked on both private and public works projects during the same week, EJ Paving failed to account for the different hourly rates of pay when overtime was calculated.

The AG’s Office issued one citation for failure to pay overtime, which EJ Paving has paid in full.

AG Healey’s Fair Labor Division is responsible for enforcing state laws regulating the payment of wages, including prevailing wage, minimum wage, earned sick time and overtime laws.

Workers who believe that their rights have been violated in their workplace are encouraged to file a complaint at www.mass.gov/ago/wagetheft. For information about the state’s wage and hour laws, workers may call the Office’s Fair Labor Hotline at (617) 727-3465 or go to the Attorney General’s new Workplace Rights website www.mass.gov/ago/fairlabor for materials in multiple languages.

This matter was handled by Assistant Attorney General Barbara Dillon DeSouza and Inspector Joseph Drzyzga of AG Healey’s Fair Labor Division.