[co-author: Stephanie Kozol]*
Massachusetts Attorney General (AG) Andrea Campbell recently announced a number of citations against Quick Temp., Inc. (the company), its owner, and its manager, for alleged wage, sick time, and records violations.
The now defunct company — having ceased operations in March 2022 — previously connected employees as day laborers with waste management client companies. According to Campbell, “Quick Temp repeatedly denied their employees a prevailing wage and other benefits guaranteed to them by law.”
The Massachusetts AG was apprised of the alleged violations by Teamsters Local 25, which reported that the company had been paying workers significantly less than the prevailing wage rate required by multiple municipalities’ waste management contracts. The Teamsters also disclosed that employees were required to cash pay “vouchers” at a local check cashing establishment, which required a fee to do so.
A subsequent investigation by the Massachusetts AG determined that, in addition to prevailing wage violations, the company deducted wages from pay for cashing vouchers, did not pay overtime, failed to pay a minimum wage, failed to keep true and accurate records, and did not furnish earned sick leave. The citations issued by the Massachusetts AG total $1,392,665, in restitution and civil fines.
State AGs have consistently targeted wage theft as an issue of considerable concern — with several lawsuits being brought just this year by the AGs for District of Columbia, Massachusetts, and Minnesota, to name a few. In some instances, state AGs have even employed the False Claims Act to address prevailing wage violations[1]. Although state labor departments are generally the primary regulator for workplace laws, state AGs operate as the legal mechanism that allows for the pursuit of criminal prosecutions and the filing of lawsuits. Nine state AG offices, including Massachusetts, have dedicated labor units[2] — with several others housing staff specifically designated to focus on workers’ issues[3].
Why It Matters
The citations against Quick Temp should come as no surprise, given the unwaning attention that state AGs nationwide have afforded to workers’ rights, particularly with respect to wages. Companies seeking to avoid prosecution or citations from state AGs must remain cognizant of the laws relevant to their employment practices, and should seek legal assistance in order to ensure continued compliance.
[1] The New York AG and the New York City comptroller recovered $3 million in a False Claims Act case alleging that luxury buildings received a tax abatement but failed to meet the requirement to either provide affordable housing or pay prevailing wages to building service workers. https://ag.ny.gov/press-release/2022/attorney-general-james-comptroller-lander-and-32bj-seiu-recover-3-million-real.
[2] (California, District of Columbia, Illinois, Massachusetts, Michigan, Minnesota, New Jersey, New York, Pennsylvania).
[3] (Arizona, Colorado, Delaware, Maine).
*Senior Government Relations Manager
