Patrick
Administration Announces Joint Enforcement Task Force on the Underground
Economy Recovered $15.6 Million from Fraudulent Employment Practices
BOSTON –July 23,
2014-Labor and Workforce Development Secretary Rachel Kaprielian today
announced that the Joint Enforcement Task Force on the Underground Economy and
Employee Misclassification (JTF) recovered $15,658,226 in unpaid wages, back
taxes, unemployment insurance premiums, fines and penalties through thousands
of compliance checks and investigations in 2013.
Governor Deval Patrick established the JTF through Executive Order 499
in March 2008. Since then, the JTF has grown to 17 agencies including the
Attorney General’s Office (AGO), Department of Revenue (DOR), Department of
Unemployment Assistance (DUA), Department of Industrial Accidents (DIA) and
Department of Labor Standards (DLS) and has collected nearly $56 million from unlawful
businesses by enforcing labor, licensing and tax laws.
“The coordinated investigations and comprehensive enforcement efforts of
the JTF have paid off in better protections for more workers and millions of dollars
recouped from unscrupulous businesses,” said Governor Patrick. “The task force
has proven to be an effective mechanism for enhancing cooperation between state
agencies, sharing information and prosecuting violators.”
“Companies and individuals who
willfully avoid the law by misclassifying employees as independent contractors
or engage in the fraudulent employment practices of the underground economy put
workers’ safety at risk, place legitimate businesses at a disadvantage and burden
taxpayers,” said Secretary Kaprielian.
“The Joint Task Force works
aggressively to end the underground economy, which undermines our state's
economy and workers' rights,” Attorney General Martha Coakley said. “This
ongoing effort ensures that we are protecting workers by combatting fraud and
abuse, returning significant funds to the Commonwealth, and leveling the
playing field for all businesses that play by the rules.”
As detailed in the JTF 2013 Annual
Report,
the JTF received 176 direct tips through the tip line and online
referral service along with hundreds of complaints made directly to partner
agencies. In addition to the compliance
checks, the JTF’s investigative work included 103 stop work orders issued by
DIA, 32 civil citations through the AGO and 124 DOR investigations.
“When the underground economy is
allowed to flourish, workers are denied basic workplace rights and protections,
legitimate businesses find they cannot compete, consumers are subject to
unregulated goods and unlicensed services and Massachusetts is cheated out of
revenue that could otherwise fund worthy programs and services,” stated Heather
Rowe, Director of the Department of Labor Standards and the Joint Task
Force. “Working together, the partner
agencies of the Task Force are committed to addressing fraudulent employment
practices using our existing resources.”
“The Joint Task Force on the Underground
Economy seeks to help both employers and employees comply with Massachusetts
employment laws in a manner that ensures a level economic playing field,” said
Brad MacDougall, VP for Government Affairs of Associated Industries of
Massachusetts. “AIM participates because the fair enforcement of employment
laws and regulations impacts the business climate and employers’ ability to
create jobs.”
Among the more notable accomplishments of the JTF was the outcome of a
two-year state and federal investigation into two farm labor camps operated by
Chang & Sons Enterprises Inc. in Western Massachusetts where workers and
their families were exposed to unsafe and unhealthy living conditions and
workers toiled long hours with little pay. In April 2013, the U.S. Department
of Labor ordered Chang &Sons to pay workers $305,500 in back wages, fined the
company $10,267 and permanently enjoined it from exploiting future workers.
Governor Patrick recently signed
legislation making the JTF a permanent investigatory unit. Among the goals and
objectives, the JTF will focus on increasing the volume and impact of cross-agency enforcement
by maximizing future potential cooperation
between agencies and creating educational material for businesses and workers.
“I am very happy with the Joint Task Force’s continuous work on bringing
fraudulent employment practices to light, and their tireless efforts to provide
a fair playing field for business competition in the Commonwealth,” said
Senator Dan Wolf (D-Harwich), Chairman of the Senate Committee on Labor and
Workforce Development. “That it will now be a permanent fixture in the
Department of Labor Standards will ensure that those who are treated unfairly
or face undue risks at their jobs have a dependable advocate to fight for
them.”
To learn more about the Joint
Enforcement Task Force on the Underground Economy and Employee
Misclassification go to www.mass.gov/lwd/jtf.
Workers who believe that their rights
have been violated and businesses who suspect they are at an economic disadvantage
because of unscrupulous competitors are urged to call the Attorney General’s
Fair Labor Hotline at (617) 727-3465 or the Joint Task Force Referral Line at
(877) 965-2267, email tips to jtftips@state.ma.us, or visit the Joint Task Force website
at www.mass.gov/lwd/jtf to submit complaints.
Below are additional comments about the work of the JTF
from member agencies and advocates.
William F. Galvin, Secretary of the Commonwealth:
“The office of the
Secretary of State is proud to assist the Task Force in its important
efforts to eliminate fraudulent employment activity, promote workplace rights
and protections and to level the playing field for legitimate business. The
Corporations Division has assisted the Task Force by pursuing entities
organized under the laws of other states or countries that are doing business
here but have failed to register to do so, thereby avoiding disclosing
information to the public, paying taxes and workers compensation and otherwise
failing to comply with the laws of the Commonwealth. Communication among
the more than 15 participating state agencies is the key to the success of the
Task Force.”
Carole Cornelison, Commissioner for the Division of
Capital Asset Management and Maintenance:
“DCAMM holds
businesses that perform public work to the highest standards for compliance and
employee protection, and we take that role very seriously,” said Carole
Cornelison, Commissioner for the Division of Capital Asset Management and
Maintenance. “The Joint Task Force is an important collaboration across
state agencies and serves as the initial check point, ensuring that businesses
are law-abiding and treating their employees fairly. This effort has resulted
in more businesses rising to meet these expectations of excellence.”
Marcy Goldstein-Gelb, Executive Director, Massachusetts
Coalition for Occupational Safety and Health
“Each week at MassCOSH,
workers laboring long hours in dangerous jobs report that their wages were
stolen or that their employer tried to deter them from reporting an injury
because the employer lacked workers compensation. Some workers
aren’t even sure who their employer is – because they are paid through a third
party, be it a temp agency or subcontractor. The JTF has been critical in
being able to investigate these situations, identify who is responsible and
ensure that they comply with all of our state’s laws.”
Monica Halas, Lead
Attorney, Employment Law Unit, Greater Boston Legal Services
On behalf of legal aid clients, many of whom are the victims
of wage theft by unscrupulous employers and fly-by-night temporary staffing
agencies in the underground economy, we are so appreciative of the work of the
Joint Task Force.
Robert Hooper,
Assistant Regional Administrator, Region I, OSHA
“This cooperative
effort helps enhance the safety and well-being of workers who might otherwise
be exposed to injury, illness or exploitation,” said Robert Hooper, OSHA’s
acting regional administrator for New England. “Our sharing and exchange of
information enables us and the other task force members to reach and assist
vulnerable workers and increase compliance by employers.”
Carlos Matos, US DOL, Wage and Hour Division, District
Director
“Worker
misclassification is a serious issue and there are various business models that
attempt to make employment relationships cloudy in order to evade compliance
with labor laws. The classification of a worker as either an “employee”
or an “independent contractor” has significant implications on compensation for
hours worked,” said Carlos Matos, the Wage and Hour Division’s district
director. “That is why The Wage and Hour Division and The Massachusetts
Joint Task Force will coordinate enforcement efforts to ensure employers review
their pay practices to ensure full compliance and employees receive the
protections to which they are entitled under federal and state laws.”
Michael Felsen, US DOL, Regional Solicitor of
Labor for New England
“The U.S. Department of Labor values greatly its ongoing collaboration
with the Massachusetts Joint Task Force,” said Michael Felsen, regional
Solicitor of Labor for New England. “By working together to address the
multiple problems presented by misclassification of employees as independent
contractors, USDOL and Massachusetts are leveraging their resources to ensure
that workers’ rights are protected, and that law-abiding employers are able to
do their business on a level playing field.”
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