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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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