Has Anyone Been Confronted With The US Dept. Of Labor?

 
Thread Tools Search this Thread Display Modes
Old 10-28-2017, 12:24 AM   #1
Registered User
 
rocin7's Avatar
 
Trade: Drywall and paint
Join Date: Oct 2017
Location: Hermiston, Oregon
Posts: 4
Rewards Points: 8

Has Anyone Been Confronted With The US Dept. Of Labor?


Ok here is a little about what's going on with us. Ok in February I started working for my brother-in-law managing a couple of sub divisions he had going. He was the GC for them. On march 31st he was died in a UTV accident in the mountains so I had to take and help my niece run the company now my niece has a drywall company in Washington state and these are two separate companies. In Oregon beings that the company is a corporation all I had to do to keep the company running was take a state test to become the RMI I did and passed so I became the manager but my niece was helping me out. Now we get a visit from the US dept of labor and this guy is trying to say both companies are one and he is trying to hit us with this unreal pay out number for overtime on piece work. the guys are paid very well. if they do work overtime she pays them. this guy is tying to get a very large sum of money out of us. We have used some of the different crews on jobs in Oregon and Washington but they are paid by that company. Now both companies have been working this way for many years. Both companies don't even make the kind of money these guys are talking. I could use some help here guys. Thanks Rick
rocin7 is offline  

Warning: The topics covered on this site include activities in which there exists the potential for serious injury or death. ContractorTalk.com DOES NOT guarantee the accuracy or completeness of any information contained on this site. Always use proper safety precaution and reference reliable outside sources before attempting any construction or remodeling task!

   

Advertisement

 

Old 10-28-2017, 12:29 AM   #2
GC/carpenter
 
Californiadecks's Avatar
 
Trade: Decking, Railing, Carpenter/General Contractor
Join Date: Nov 2011
Location: Anaheim Hills, California (OC)
Posts: 30,599
Rewards Points: 532

Re: Has Anyone Been Confronted With The US Dept. Of Labor?


I think where your in trouble is mixing the two companies. Is one company a sole proprietor and the other a Corp?


Mike.
_______________

Advertisement

Californiadecks is online now  
The Following User Says Thank You to Californiadecks For This Useful Post:
rocin7 (10-29-2017)
Old 10-28-2017, 12:51 AM   #3
Designer/Contractor
 
Rio's Avatar
 
Trade: General Contractor
Join Date: Oct 2009
Location: San Diego city/County, Cali
Posts: 2,315
Rewards Points: 114

Re: Has Anyone Been Confronted With The US Dept. Of Labor?


So sorry about your brother in law. In your case I would definitely talk to a labor law or similar attorney. A small amount now might save you tremendous amount later.
Rio is offline  
The Following 2 Users Say Thank You to Rio For This Useful Post:
greg24k (10-30-2017), rocin7 (10-29-2017)
   
 
Old 10-28-2017, 01:32 AM   #4
.....
 
Frank Castle's Avatar
 
Trade: Remodeling
Join Date: Dec 2011
Location: Central Illinois
Posts: 1,236
Rewards Points: 44

Re: Has Anyone Been Confronted With The US Dept. Of Labor?


Sorry about your loss.
You could be in deep s&*%, get an attorney. Now.
My.02
__________________
Adapt, Improvise, Overcome.
Frank Castle is online now  
The Following 5 Users Say Thank You to Frank Castle For This Useful Post:
Bull Trout (10-28-2017), dayexco (10-28-2017), greg24k (10-30-2017), Jaws (10-30-2017), rocin7 (10-29-2017)
Old 10-28-2017, 02:08 AM   #5
Pro
 
Bull Trout's Avatar
 
Trade: General Contractor
Join Date: Dec 2016
Location: Salish Sea
Posts: 327
Rewards Points: 102

Re: Has Anyone Been Confronted With The US Dept. Of Labor?


Sorry for your loss

Did an employee file a complaint?
Bull Trout is offline  
The Following User Says Thank You to Bull Trout For This Useful Post:
rocin7 (10-29-2017)
Old 10-28-2017, 05:52 AM   #6
Pro
 
Fouthgeneration's Avatar
 
Trade: Masonry
Join Date: Jan 2014
Location: Mid west
Posts: 1,459
Rewards Points: 5,123

Re: Has Anyone Been Confronted With The US Dept. Of Labor?


Have some one call Immigration enforcement......
Get a good lawyer. in both states

Are the companies sharing an office or check book?

Read the laws/regulations the agent is alleging you have broken They all are on the DOL website, tens of thousands of pages. most likely you have committed 3 felonies by the time you go to bed every day, and that was BEFORE you started running a business in the top 2%..... more then 50 workers= at least ONE full time HR person to deal with state and federal horse manure......

Read about the Jews that used to own the Postville Iowa meatpacking plant: Obama and his minions incarcerated them for doing what every meatpacking plant in the USA has done everyday for decades. They aren't still locked up, but broke.

Call all your Congresscritters in both states and both parties State and federal.

Last edited by Fouthgeneration; 10-28-2017 at 06:05 AM.
Fouthgeneration is offline  
The Following User Says Thank You to Fouthgeneration For This Useful Post:
rocin7 (10-29-2017)
Old 10-28-2017, 12:30 PM   #7
Pro
 
Joe Pro's Avatar
 
Trade: GC
Join Date: Aug 2016
Posts: 144
Rewards Points: 246

Re: Has Anyone Been Confronted With The US Dept. Of Labor?


As others said, talk to your attorney and accountant. It's funny how $75,000 changes to $7,500 with one letter from a good attorney.
Joe Pro is offline  
The Following User Says Thank You to Joe Pro For This Useful Post:
rocin7 (10-29-2017)
Old 10-29-2017, 01:33 PM   #8
Registered User
 
rocin7's Avatar
 
Trade: Drywall and paint
Join Date: Oct 2017
Location: Hermiston, Oregon
Posts: 4
Rewards Points: 8

Re: Has Anyone Been Confronted With The US Dept. Of Labor?


I want to Thank you all for posting. We have a lawyer that has been the mediator between us and the gov. Both companies are incorporated and both companies keep separate books separate employees and separate check books. the owners are separate as well the only thing is both companies are run out the same office. When this investigator just appeared one day he said he thinks we are 2 companies working as one and we are not. Our guys are paid piece work per job and this guy is trying to say they work by the hr and overtime. Its the overtime he is trying nail on us. This investigator has been calling our employees at all hrs to get them to say what he wants them to say. We have always paid on time and if there were times that the guys worked overtime we paid it as well. Here's the thing he is giving us until Monday to agree to pay now 27500. for something that we did not do wrong.. Our lawyer is like oh yea that's a good price... it has taken this lawyer several months to even call us back on this matter we were calling him every week to get this resolved. Anyway thanks for all your help guys. I guess tomorrow we will see what happens. There are so many companies out there screwing their help and we do it by the book or so we thought we were.
rocin7 is offline  
Old 10-29-2017, 01:36 PM   #9
Registered User
 
rocin7's Avatar
 
Trade: Drywall and paint
Join Date: Oct 2017
Location: Hermiston, Oregon
Posts: 4
Rewards Points: 8

Re: Has Anyone Been Confronted With The US Dept. Of Labor?


No he said it was a random investigation. We only have 3 employees in that company except me.
rocin7 is offline  
Old 10-29-2017, 01:45 PM   #10
Pro
 
B.Johnson's Avatar
 
Trade: Builder
Join Date: Sep 2016
Location: Midwest
Posts: 428
Rewards Points: 22

Re: Has Anyone Been Confronted With The US Dept. Of Labor?


That's what they always say. You didn't think that they would rat out the rat, did you?
__________________
Home Designer Series Software
B.Johnson is offline  
The Following User Says Thank You to B.Johnson For This Useful Post:
Bull Trout (10-29-2017)
Old 10-29-2017, 06:35 PM   #11
Pro
 
Bull Trout's Avatar
 
Trade: General Contractor
Join Date: Dec 2016
Location: Salish Sea
Posts: 327
Rewards Points: 102

Re: Has Anyone Been Confronted With The US Dept. Of Labor?


Are both of the companies drywall companies?
Bull Trout is offline  
Old 10-29-2017, 11:24 PM   #12
Kowboy
 
Kowboy's Avatar
 
Trade: Countertops
Join Date: May 2009
Location: Sarasota, FL
Posts: 1,394
Rewards Points: 7,798

Re: Has Anyone Been Confronted With The US Dept. Of Labor?


rocin7:

It sounds to me like you may have a worker classification difference. The government is trying to say they are employees, you're trying to say they were subs. If your "subs" have assisted the government, you're probably screwed.
Kowboy is offline  
The Following User Says Thank You to Kowboy For This Useful Post:
rocin7 (10-31-2017)
Old 10-30-2017, 12:21 AM   #13
GC/carpenter
 
Californiadecks's Avatar
 
Trade: Decking, Railing, Carpenter/General Contractor
Join Date: Nov 2011
Location: Anaheim Hills, California (OC)
Posts: 30,599
Rewards Points: 532

Re: Has Anyone Been Confronted With The US Dept. Of Labor?


Someone snitched. Imo


Mike.
_______________
Californiadecks is online now  
The Following 3 Users Say Thank You to Californiadecks For This Useful Post:
Bull Trout (10-30-2017), NJGC (10-30-2017), rocin7 (10-31-2017)
Old 10-30-2017, 12:39 AM   #14
Member
 
Kumpel's Avatar
 
Trade: General Contractor
Join Date: Aug 2017
Location: Florida
Posts: 67
Rewards Points: 24

Re: Has Anyone Been Confronted With The US Dept. Of Labor?


Quote:
Originally Posted by rocin7 View Post
the thing he is giving us until Monday to agree to pay now 27500. for something that we did not do wrong.. Our lawyer is like oh yea that's a good price... it has taken this lawyer several months to even call us back on this matter we were calling him every week to get this resolved.
Sounds like you need a better lawyer.one that is willing to communicate.nothing worse than a lawyer that just collects the fee and does nothing.
Kumpel is online now  
The Following User Says Thank You to Kumpel For This Useful Post:
rocin7 (10-31-2017)
Old 10-30-2017, 01:53 AM   #15
Pro
 
jhark123's Avatar
 
Trade: Pro Cat Herder
Join Date: Aug 2008
Location: Enumclaw, WA
Posts: 2,436
Rewards Points: 1,556

Re: Has Anyone Been Confronted With The US Dept. Of Labor?


F the Government, get another lawyer. A good cpa might also help
jhark123 is offline  
The Following 3 Users Say Thank You to jhark123 For This Useful Post:
Californiadecks (10-30-2017), Jaws (10-30-2017), rocin7 (10-31-2017)
Old 10-30-2017, 09:44 AM   #16
This space for lease
 
RangoWA's Avatar
 
Trade: General
Join Date: Jun 2014
Location: Washington
Posts: 4,056
Rewards Points: 16,442

Re: Has Anyone Been Confronted With The US Dept. Of Labor?


How did he come up with that exact amount, did he say? Sounds kind of arbitrary.
RangoWA is online now  
The Following User Says Thank You to RangoWA For This Useful Post:
rocin7 (10-31-2017)
Old 10-30-2017, 09:51 AM   #17
The Sheriff

 
Jaws's Avatar
 
Trade: GC
Join Date: Dec 2010
Location: Texas
Posts: 18,598
Rewards Points: 200

Re: Has Anyone Been Confronted With The US Dept. Of Labor?


Quote:
Originally Posted by Kowboy View Post
rocin7:

It sounds to me like you may have a worker classification difference. The government is trying to say they are employees, you're trying to say they were subs. If your "subs" have assisted the government, you're probably screwed.
Sound like payroll employees to me. He said nothing about subs.
__________________
"The sound of the saftey clicking off is the only warning your gonna get......., so cover your ears" Northeast Wyoming 2016

John
Jaws is online now  
The Following User Says Thank You to Jaws For This Useful Post:
rocin7 (10-31-2017)
Old 10-30-2017, 09:55 AM   #18
The Sheriff

 
Jaws's Avatar
 
Trade: GC
Join Date: Dec 2010
Location: Texas
Posts: 18,598
Rewards Points: 200

Re: Has Anyone Been Confronted With The US Dept. Of Labor?


OP,

I I'm not sure all the legalities involved with piece work for payroll employees, but I am sure that you have to have your stuff together to show that they did not make less than they would if they were paid time and a half for an hourly rate for that job. I have an acquaintance who is a production framer with anywhere between 40 and 70 guys working for him all the time on piecework, he said it is a bookkeeping nightmare to keep that straight.

As it is said get an attorney. Nobody hear can truly speak to the legal position regarding your situation.
__________________
"The sound of the saftey clicking off is the only warning your gonna get......., so cover your ears" Northeast Wyoming 2016

John
Jaws is online now  
The Following User Says Thank You to Jaws For This Useful Post:
rocin7 (10-30-2017)
Old 10-30-2017, 04:05 PM   #19
Pro
 
Fouthgeneration's Avatar
 
Trade: Masonry
Join Date: Jan 2014
Location: Mid west
Posts: 1,459
Rewards Points: 5,123

Re: Has Anyone Been Confronted With The US Dept. Of Labor?


Several Months. no action, pay off your deadbeat lawyer, Get ALL of the work product you paid for, audit his bills, have the new lawyers sue the old lawyer.....

The lazy lawyer isn't involved with the estate is he/she?

file a compliant with Both State's bar associations/supreme courts as needed.

Most likely this is "normal" milking of the dead by various federal and state agencies to fund payroll and bonuses during "low" growth years of budgets.....

Where is the Executor of the dead man's estate at in all these fines he accumulated?
Fouthgeneration is offline  
The Following User Says Thank You to Fouthgeneration For This Useful Post:
rocin7 (10-31-2017)
Old 10-31-2017, 11:13 AM   #20
Registered User
 
rocin7's Avatar
 
Trade: Drywall and paint
Join Date: Oct 2017
Location: Hermiston, Oregon
Posts: 4
Rewards Points: 8

Re: Has Anyone Been Confronted With The US Dept. Of Labor?


ok well the only thing that they could find was 2 companies working out of the same office and they made up there own way of calculating the overtime issue. The auditor side we were turned in but the guy he said turned us in has never worked overtime the entire time he has worked here. We told the lawyer we want written prof but being the lawyer was not willing to go to bat for us (I think he was intimidated by the auditor) we finally settle at a lower rate just to get it over. Its not bad enough that Brent's no longer here but this crap is over the top. There are companies around here that don't even pay their employees that's why most of the good crews work for us. Because of all this crap my sister and niece are closing down both companies. Now we were the largest Drywall and paint company in eastern Oregon and one of the biggest in Tri-Cities Washington. Thanks for your input.

Advertisement

rocin7 is offline  
The Following User Says Thank You to rocin7 For This Useful Post:
SmallTownGuy (10-31-2017)


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
ARgg..customer wants material & labor calculation for bid adam477 Construction 29 01-11-2012 04:24 PM
Bidding on a job, labor only RocknTJ Business 28 08-21-2011 12:32 PM

Join Now... It's Fast and FREE!

I am a professional contractor
I am a DIY Homeowner
Drywall Talk is for
PROFESSIONAL CONTRACTORS ONLY!

At DrywallTalk.com we cater exlusivly to professional contractors who make their living as a contractor. Knowing that many homeowners and DIYers are looking for a community to call home, we've created www.DIYChatroom.com DIY Chatroom is full of helpful advices and perfect for DIY homeowners.

Redirecing in 10 seconds
No Thanks
terms of service

Already Have an Account?