ILNews

Plea reached in first-ever common construction wage prosecution

Back to TopCommentsE-mailPrintBookmark and Share

The Marion County Prosecutor’s Office has reached a plea agreement in a common construction wage violation involving an Indianapolis contractor, believed to be the first prosecution of this kind in Indiana.

White River Mechanical Inc. worked as a subcontractor on two Indianapolis Public School projects. A grand jury investigation in March 2011 showed that several employees of White River Mechanical were underpaid for work on the public school projects. The company incorrectly listed skill levels and pay rates on company payroll records and misrepresented the status of employees on required reporting to IPS.  

What used to be known as the prevailing wage law, Indiana Code 5-16-7, the Common Construction Wage Act requires any entity awarded a contract for public work – and any subcontractor of the construction – to pay no less than the predetermined common wage rate as set by a committee in each county. Employees are divided into three classes – unskilled, semi-skilled, and skilled.  A contractor or subcontractor who knowingly fails to pay the rate of wages commits a Class B misdemeanor. Changes were made to the law during the 2011 session of the Indiana General Assembly that went into effect July 1.

As part of the plea agreement, White River Mechanical will pay a $1,000 fine and submit to an audit by the Indiana Department of Labor to determine the amount it owes to current and former employees. The prosecutor’s office estimated that the amount of unpaid wages and benefits is more than $50,000.

“Today we are sending a message that we will abide by and enforce the Common Wage law in Marion County,” said Prosecutor Terry Curry.  “Contractors who undercut the Common Wage law are taking advantage of their employees, their peers, and the public by not paying their workers the amount that is required and set by law.  At the same time, they are competing unfairly against those companies who play by the rules and pay their employees the correct and fair wage they are owed.”

The Indiana Department of Labor reported that this is the first time this kind of violation has been prosecuted in Indiana.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

  2. ?????????? ???? ?????? ??? ?????? ???????! ??????? ??? ??? ?? ???????? ???? ?????? ????????? ??? ??????? ????? ??????? ? ????? ?? ??????, ?? ???????, ?? ???????, ?? ??????, ?? ???? ? ?? ????? ??????? ??? ????? ??????. ???? ???????? ????????????? ??? ??????? ?????? - ??? ?? ????? ?????? ????????. ???????? ????? ????? ???????, ?????????? ????????? ????????, ????????? >>>> ?????? ????? http://xurl.es/PR0DAWEZ

  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

ADVERTISEMENT