Attorney General Andrea Joy Campbell, since her term began in January 2023, has made significant strides in securing restitution and penalties for violations within the construction industry. As reported by Mass.gov, more than $4.5 million in back wages and penalties were recovered, benefitting nearly 3,000 construction workers who received over $2.8 million in back pay, while over 270 employers paid in excess of $1.7 million in penalties to the Commonwealth of Massachusetts. The battle against wage theft and rights violations continues, by means of over 500 enforcement actions including citations and settlements.
This initiative marks not just a crackdown on illegal labor practices but also a nod to the state's diverse workforce, where immigrant workers represent more than a quarter of the construction industry. In a statement obtained by Mass.gov, Campbell said, "Our state laws protect all Massachusetts workers from exploitation in the workplace." She highlighted her commitment to enforcing worker protection laws with a keen focus on industries where immigrants are highly vulnerable to exploitation.
Retaliation against such workers, who dare to speak on wage theft, has been deemed illegal and made an enforcement priority by the Attorney General’s Office's Fair Labor Division. Workers and employers are urged to review the AGO’s Advisory on the Rights of Immigrant Workers, underscoring the legal entitlements that extend beyond the boundaries of immigration status.
Noel Xavier, Director of Organizing for the North Atlantic States Regional Council of Carpenters, emphasized the systematic abuse rampant in the industry. "The illegal behavior of Optiline, Remby, Avatar, Earth Evolution and Cuccio are not outliers," he told Mass.gov, pointing out the manipulation by contractors through "subcontracting" tactics to avoid accountability and intimidating the already vulnerable immigrant workforce. Not only are the actions unlawful, they undercut the competitiveness and fairness in an industry structured largely around bid contracts.
Specific enforcement examples were cited including a $15,000 fine against Optiline Enterprises for retaliation and various settlements like the $370,000 with Remby Contractors for nonpayment of minimum wage and overtime among other violations. Additional cases involve Avatar Construction Corporation with a $320,000 settlement for prevailing wage theft, and penalties against Earth Evolution Inc. and Cuccio Masonry Co., Inc., for various employment law breaches.
The efforts undertaken by AG Campbell and her team mark a solid stance in favor of protecting workers’ rights in Massachusetts, with the AGO stressing confidentiality for workers’ immigration status and not providing personal information to U.S. Immigration and Customs Enforcement (ICE). Workers who suspect rights violations are encouraged to file a complaint with the AGO’s Fair Labor Division through their website or by calling their Fair Labor Hotline.
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