Settlements Include Joint Effort with NYC Parks to Deliver Over $618K for 24 Workers
New York City Comptroller Mark Levine today announced the Bureau of Labor Law (BLL) has settled five cases, recovering over $1 million for workers to whom companies owe back wages and interest, as well as civil penalties for the City of New York, since his term began in January.
Among the cases settled in Comptroller Levine’s first four months include a joint investigation between his office and the New York City Parks Department for underpayment of prevailing wages and supplemental benefits to 24 workers working on the Hunts Point Playground reconstruction in the Bronx. As a result of the joint investigation, Amin Electrical Corp., Green Builders Group of NY Corp., and their prime contractor, D & S Restoration, settled for a total of $618,495.40 and the subcontractors were subsequently debarred for willfully violating prevailing wage laws and falsifying payroll records.
“At a time when the federal government is rolling back labor protections, the work of our Bureau of Labor Law is that much more important,” said Comptroller Mark Levine. “Settling over $1 million on prevailing wage cases in just four months is no small feat and sends a strong message that the Comptroller’s Office remains steadfast in our commitment to fighting on workers’ behalf.”
“Creating and improving park spaces is essential to the wellbeing of New Yorkers, and it’s also imperative that contractors follow the law when working on these projects,” said NYC Parks Commissioner Tricia Shimamura. “We were proud to collaborate with the Comptroller’s office on this investigation and grateful that hardworking New Yorkers will be getting the proper wages they deserve.”
“Local enforcement of labor protections is more critical than ever, and I am extremely proud of our team and their efforts to recover every dollar owed to workers,” said Claudia Henriquez, Director of Workers’ Rights at the Comptroller’s Bureau of Labor Law. ”Each milestone we hit is the culmination of a lot of hard work that ultimately begins with the bravery of workers standing up for their rights. The Bureau of Labor Law will continue to fight wage theft and ensure that employers benefitting from taxpayer dollars live up to their contractual obligations.”
The five settlements bring the total recovered since the start of Comptroller Levine’s tenure to $1,005,749.22:
Green Builders Group of NY Corp./Amin Electrical Corp./D&S Restoration, Inc. (joint settlement with Parks Dept): $618,495.40
The Comptroller’s office and the NYC Department of Parks and Recreation (NYC Parks) reached a global settlement with Amin Electrical Corp., and Green Builders Group NY Corp., and prime contractor D&S Restoration, Inc. regarding underpayment of prevailing wages and supplemental benefits to 24 workers on a project from NYC Parks to reconstruct the Hunts Point Playground in the Bronx. Six of the 12 workers who worked for Green Builders also worked for Amin Electrical.
The case was investigated jointly by the Comptroller’s Office and NYC Parks. The Comptroller’s investigation determined that subcontractors Amin Electrical and Green Builders forged the signatures of their workers on affidavits and required their workers to pay kickbacks.
As a result of the Comptroller and NYC Parks’ joint investigation, Amin Electrical, Green Builders, and their prime contractor, D & S Restoration, settled the matters for a total of $618,495.40, representing $427,468.24 in underpayment, $89,263.93 in interest, $86,605.23 in civil penalty, and $15,158.00 in investigation costs to NYC Parks.
In addition, Amin Electrical and Green Builders and their principals will be debarred due to willful violation of prevailing wages and supplemental benefits and the falsification of payroll records. Specifically, both companies falsified worker affidavits stating that they were paid full wages and benefits in cash. Under Section 223 of the Labor Law, prime contractor D&S Restoration is responsible for the violations of its subcontractors.
Stagg Group: $250,000.00
In July 2017, the Comptroller’s Office investigated seven properties after the property owners failed to respond to the Comptroller’s inquiry on their compliance with prevailing wage. These properties are all located in the Bronx and owned by Mark Stagg as part of the Stagg Group portfolio, a real estate development company managing over 5,000 apartments in the Bronx and Westchester. The Comptroller’s investigation found that four of the seven properties were operating homeless shelters. Bronx Parent Housing Network (“BPHN”) operated the property owned by Tylers’ Place LLC and hired their own maintenance employees and contracted with PPB, Inc. for security guard services. Sera Security (“Sera”) provided security guards at three properties. Stagg Group also hired their own cleaning and maintenance workers at these properties. The Comptroller determined that during the period of July 1, 2015 through December 31, 2017, none of the maintenance and cleaning workers and security guards were paid a prevailing wage. Some workers were paid as little as $9 per hour when they should have been paid $14 per hour under the prevailing wage rates in place at that time.
To resolve all seven cases, Stagg Group agreed to pay $250,000 in back wages to workers. 67 workers received restitution, with one worker due to receive almost $13,000 in back wages.
Manetta Enterprises, Inc.: $70,000.00
The Bureau investigated Manetta Enterprises Inc. and Manco Enterprises of NYC Inc. for their failure to pay a worker the supplemental benefits as required by law between April and September 2019. Manetta Enterprises and Manco Enterprises contracted with ConEdison for street excavation and paving work at various public street locations throughout New York City. Prior to trial, Manetta and Manco agreed to pay $70,000 and to an admission that they had willfully violated Labor Law Section 220 by falsifying records, which resulted in a debarment for both companies and their owner, Enrico Manetta, for a period of five years. The settlement is for $70,000, reflecting an underpayment of $33,208.63 and interest at $26,791.37, or a total of $60,000, to one worker. The City will receive a civil penalty of $10,000.
43rd Ave Condo LLC: $59,001.92
This case concerned building service workers at a building located at 25-21 43rd Avenue in Queens that received tax benefits under Real Property Tax Law Section 421-a. The prevailing wage violations impacted five workers, who were classified as Residential Building Cleaner/Porter, Doorperson/Elevator Operator and worked from February 2019 through March 2023. The violations primarily resulted from the employer’s underpayment of supplemental benefits. Workers received $39,256.16 in back pay, $14,381.95 in interest, and the City will collect $5,363.81 as a civil penalty, for a total of $59,001.92.
Bhuiyan Construction Co. Inc.: $8,251.90
The Bureau of Labor Law initiated an investigation against M. Bhuiyan Construction Co Inc. in 2022 for failure to pay prevailing wages to a worker who performed roofing work at the College Point Bus Depot in Flushing, Queens. BLL determined that from October 19, 2021 through December 12, 2021, M. Bhuiyan Construction failed to pay one worker prevailing wages, resulting in an underpayment of $3,949.95. This underpayment was the result of the contractor misclassifying the worker as a mason tender, despite the worker performing work as a Roofer. BLL reached a settlement with M. Bhuiyan Construction for the following: $3,949.95 underpayment, $2,651.57 interest to the worker, and $1,650.38 in civil penalty for a total of $8,251.90.
Under the New York Labor Law, the New York City Comptroller sets and enforces prevailing wage and living wage laws for public works projects and certain service contracts in the City of New York.
The matter of Green Builders Group of NY Corp., Amin Electrical Corp., and D&S Restoration, Inc. was handled by investigators Jose Quiroz and Dwayne Gibson, auditor Ilona Stadnicka, and attorney Jamshid Saloor for the Comptroller’s Office, and investigator Eric Green and attorney Deborah Howe from New York City Parks.
The matter of Stagg Group was handled by investigator Cordie McCann, auditor Ilona Stadnicka, and attorney Amy Luo. Manetta Enterprises, Inc. was handled by investigator Dwayne Gibson, auditor Igor Galanter, and attorney Kristyn Sanito.
The investigation against 43rd Avenue Condo LLC was conducted by investigator Dwayne Gibson; the audit was performed by auditor Eugene Chun; and the settlement was negotiated by attorney Jamshid Saloor.
The matter of M. Bhuiyan Construction Co. Inc. was handled by investigator Rudolpho Donawa, auditor Eugene Chun, and attorney Alta Viscomi.
The Bureau of Labor Law’s auditors work under the supervision of Stuart Rimmer, Director of Audit, and attorneys work under the supervision of Amy Luo, Director of Enforcement. The Bureau of Labor Law is overseen by Claudia Henriquez, Assistant Comptroller for Labor Law.
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