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2 contractors accused of wage violations accept plea deals

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The Marion County Prosecutor's Office has reached plea agreements in two cases in which a contractor was accused of paying workers less than the required wage on publicly financed projects.

Art Rafati, who owns Artistic Construction Inc., allegedly underpaid four employees on a curb and sidewalk project in Center Township. Rafati, 64, pleaded guilty to one count of theft, a class D felony, and four counts of Common Construction Wage violation, a class B misdemeanor.

In a separate case, drywall contractor David Roark pleaded guilty to a theft charge for underpaying for work on the Barton Towers remodeling project in downtown Indianapolis.

The Marion County Prosecutor's Office has pursued three cases alleging Common Construction Wage violations since 2011. The Common Construction Wage is a rate of pay specified by local committees for any state or locally funded projects over $350,000. Rates are set for three classes of worker: skilled, semi-skilled and unskilled.

“The significance of this is not only individual employees not getting paid what they’re owed, but the contractors and subcontractors who play by the rules can’t effectively bid against those who go into it knowing they’re going to cheat,” said Marion County Prosecutor Terry Curry.

A contractor can afford to under-bid for a project knowing they are going to make that money back by not paying their employees the Common Construction Wage, Curry said.

In 2011, the Marion County Prosecutor's Office obtained the state's first conviction in a common-wage case, against White River Mechanical, a subcontractor for two Indianapolis Public Schools projects.

Prosecutors in 2013 brought charges against Roark, who has agreed to pay the workers $24,311 in restitution. His company, D. Roark Drywall LLC, landed a $417,607 contract on the project. He allegedly paid some employees as little as $12 per hour, when his contract required he pay a minimum common wage plus fringe benefits of $39.91 per hour.

The prosecutor’s office alleges Rafati failed to pay four employees the Common Construction Wage on a city project for curbs, sidewalks and ramp replacement and repair in Center Township.

Rafati is scheduled for an initial hearing this week. As a part of his plea agreement, he has agreed to pay $9,175 in restitution to the victims.

Each town or county is responsible for setting the Common Construction Wage at a publicly held committee hearing. As of July 1, 2011, the wage scales adopted by the local committees cover all construction projects within three months of the scale's adoption.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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