MARTHA COAKLEY

ATTORNEY GENERAL

July 03, 2008 - For immediate release:

New Bedford Company Cited for Misclassifying Workers at Fall River Construction Site

FALL RIVER – Attorney General Martha Coakley’s Office has issued a citation against Victor M. Fernandes, of Acushnet and his company, Fernandes Masonry, Inc., of New Bedford, for an intentional violation the Massachusetts Prevailing Wage Laws.  The citation requires the company to pay $7,710 in penalties and $166.72 in restitution.
The Attorney General’s Office began an investigation in May 2008 after receiving information that employees of Fernandes Masonry working at the Slade Elementary School in Fall River were not being paid the proper prevailing wage.  Inspectors from the Attorney General’s Office conducted an audit of the company’s payroll records and discovered that the company had failed to pay the proper wage to one employee.

The Attorney General’s Office has previously cited Fernandes for a violating prevailing wage law at the Slade Elementary School.  In May 2008, the Office issued an unintentional citation against Fernandes for over $1200 in penalties and restitution.

The Prevailing Wage Laws apply to all construction work performed on public works projects in Massachusetts.  These laws allow all contractors bidding on public works projects to enjoy a “level playing field” by standardizing the rate of pay the workers will earn.  A company’s failure to pay its employees the state prevailing wage for work performed at a public construction site can result in both civil and criminal penalties against the company and its owner.

Workers who believe they may have been misclassified or not paid the appropriate wages are encouraged to call the Attorney General’s Fair Labor Hotline at (617) 727-3465.

The matter was handled by Assistant Attorney General Anita Maietta and Inspector Mario Paiva, both of Attorney General Coakley’s Fair Labor Division.

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