Wednesday, February 26, 2014

Destitute Union claims workers rights being violated on National Center for Civil and Human Rights project

02/26/2014





ATLANTA — 
A local union believes workers’ rights are being violated at the construction site of the National Center for Civil and Human Rights.

Channel 2's Kerry Kavanaugh spoke to one worker who says it took complaining to the union to get his overtime pay.
          
This construction worker told Kavanaugh he and many others weren't paid what they deserved.

Four weeks ago, he began drywall work on the major project in downtown Atlanta for the new National Center for Civil and Human Rights.

He claims the problem arose his second week on the job. His paystub indicates he worked 55 hours. It appears subcontractor A&E Interiors paid him a flat hourly rate $14 an hour for all for a total of $777.

Fearing retaliation on future jobs, he didn't want to be identified.

“They did not pay me overtime,” he said.

"The irony is we're building a National Center for Civil and Human Rights," said Jimmy Gibbs with the Southeastern Regional Carpenter’s Union. "These workers are being denied those rights."

The worker turned to the union. Gibbs said money was missing from the paycheck. But, more was missing from the paystub. There was not a single deduction for anything.

"It's costing the state millions of dollars in uncollected revenue," he said.

It's also completely legal. The union has been railing against the practice of so-called "labor brokering'" for years.

Gibbs said companies classify individual workers as individual contractors so there's no money going towards taxes, unemployment, Social Security or Medicare.

"It's a way for contractors to maximize profits. It's one way to get around immigration law. You can work these workers without having to do E-Verify," Gibbs said.

We contacted to the museum. They put us in touch with their contract manager. The H.J. Russell and Company said they take wage and labor laws very seriously and hope  the delayed overtime pay is an isolated incident.

This worker got the money owed to him Monday, more than two weeks late.

He said his coworkers were also shortchanged, but won't speak out because they don't want to lose their jobs.

He said having work matters most.

H.J. Russell and Company also emailed a statement Tuesday afternoon saying:

“We were very concerned when this was brought to our attention and take it very seriously.
 Our subcontract agreements require legal compliance for all of subcontractors, vendors and suppliers comply with all wage and labor laws including compliance with payment for overtime

“We immediately investigated the allegations with the particular subcontractors in question.

“Our subcontractors have verified, in writing, that they have complied with wage and hour laws including proper payment of over time rates.

“We inquired of the specific employee mentioned and the subcontractor confirmed that straight time and overtime wages were correctly paid to the worker

“We will continue to investigate this matter to ensure that our subcontractors are in compliance with the law,” wrote Michael Russell, president of the company.

The sub-contractor A & E Interiors told Kavanaugh over the phone they have documentation proving they paid all their workers what they were due. They would not show Channel 2 Action News the documentation. They said their attorney would be calling us.







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