Nassau County District Attorney Anne T. Donnelly announced that an architectural and industrial metal fabricating company in Bay Shore was charged with a violation of labor laws for misclassifying and underpaying workers on various public work projects in Nassau County, ultimately underpaying workers approximately $47,000 in wages.
SIW, Inc., was arraigned Thursday before Judge Ari Schulman for violating Section 198-a(l) of the Labor Law of the State of New York (an unclassified misdemeanor). The company is due back in court on February 29, 2024. If convicted, the company faces a fine of up to $20,000, a conditional discharge and restitution of $47,004.04.
“Prevailing wages are important to ensuring that employees on public work sites throughout Nassau County are compensated appropriately for their specialized skills,” said DA Donnelly. “SIW, Inc. allegedly misclassified nearly a dozen employees as apprentices and failed to pay their rightful wages, underpaying the workers approximately $47,000. I thank the Nassau County Department of Labor and the Iron Workers Union, Local 361 for referring this matter to us for prosecution.”
Nassau County Commissioner of Labor Christopher Fusco said, “Nassau County Executive Bruce Blakeman and Nassau County District Attorney Anne Donnelly will not tolerate any prevailing wage fraud or worker misclassification on a public job site. These findings are a clear indication that anyone who violates these laws will be prosecuted to the fullest extent of the law.”
DA Donnelly said that, according to the charges, between January 1, 2019, and May 16, 2023, SIW, Inc., an architectural & industrial metal fabricating company located in Bay Shore, allegedly misclassified and underpaid 10 journeymen the lower apprentices wage rate. The public work jobs were located at the Merrick Union Free School District, Baldwin Union Free School District, Lynbrook Union Free School District, Manhasset Union Free School District, Westbury Union Free School District, Locust Valley Central School District, North Shore School District, Syosset Fire Department, Massapequa Fire Department, and Mineola Fire Department.
The District Attorney’s Office confirmed with the New York State Department of Labor that none of the Defendant’s employees attended a Registered Apprenticeship Training Program, that the Defendant does not participate in any such program, and none of its employees were certified as Registered Apprentices with New York State. The underpaid wages for the ten employees ranged between a low of $515.34 to a high of $18,964.29. The total amount of wages underpaid was $47,004.40.
While the correct Iron Worker Journeyman wage and benefit rate for the time period was between $106.20 and $108.25 per hour, the defendant allegedly only paid $53.04 and $78.11. The defendant allegedly paid laborers wages and benefits between $42.99 and $68.22 per hour, instead of the state mandated rate of $69.96 to $71.20. An audit of the payroll records of SIW, Inc. determined that 10 employees were allegedly underpaid approximately $47,004.
DA Donnelly thanks the Nassau County Department of Labor and the Iron Workers Union, Local 361 for referring this matter to our office.
The case is being prosecuted by Senior Investigative Counsel and Attorney-in-Charge of Labor Richard Balletta of the Revenue, Auto, Insurance, and Labor Crime Bureau. The defendant is represented by Cornell Bouse, Esq.
The charges are merely accusations, and the defendant is presumed innocent until and unless found guilty.
