AG Campbell Secures Settlement for Labor Violations on Cape Cod Project

September 12, 2024

Massachusetts Attorney General Andrea Joy Campbell recently announced a significant legal development involving Remby Contractors, LLC, a Virginia-based construction company. This company was engaged in renovation work at the Cape Codder Hotel in Hyannis, Massachusetts, now being transformed into the Margaritaville Resort Cape Cod. Violations of Massachusetts wage and hour laws by the company led to a substantial settlement. Here’s a detailed account of the case and its implications.

Announcement of the Settlement

Attorney General Andrea Joy Campbell revealed that an agreement had been reached with Remby Contractors, LLC, and owner Remberto Rodriguez. Following thorough investigations, the AGO found multiple violations of Massachusetts labor laws that affected 78 workers between September 2022 and April 2023. As part of the settlement, Remby Contractors will pay a total of $368,997.55, including $298,997.55 in restitution for the affected workers and $70,000 in penalties.

This settlement demonstrates Attorney General Campbell’s dedication to enforcing fair labor standards and ensures that workers receive the compensation they deserve. Nonpayment of minimum wage and overtime, lack of pay stubs, misclassification of employees as independent contractors, and neglect of tracking earned sick time were among the core violations identified. By ensuring that this compensation is paid out, the AGO is setting a precedent that labor laws are to be taken seriously and that violations will not go unpunished.

From a broader perspective, this case emphasizes the vigilant role played by the Massachusetts Attorney General’s Office in protecting worker rights. The AGO’s proactive investigations highlight their commitment to enforcing labor standards and mending gaps where workers’ rights have been overlooked. This action reinforces the message that labor laws are there to protect workers and that significant consequences await employers who fail to adhere to them. AG Campbell’s efforts thus underscore the state’s prioritization of labor law enforcement as essential to maintaining fair and just working environments.

Investigative Actions by the Fair Labor Division

The Massachusetts AGO’s Fair Labor Division (FLD) played a crucial role in uncovering these violations. The team, led by Assistant Attorney General Anita Maietta and Investigators Daniel R. Guerino and Renato Silva, confirmed the infractions through diligent investigations. Their work underscores the proactive measures taken by the state to protect workers’ rights and uphold labor laws.

These investigations often involve unannounced visits to worksites, as was the case with the Margaritaville project. The FLD employs a multilingual team of investigators who are equipped to look into noncompliance across diverse settings, showcasing a comprehensive approach to labor law enforcement. This methodology ensures that even in complex, large-scale projects, violations are identified and rectified. The techniques used by the FLD to uncover these lapses set a standard for thorough and effective labor law enforcement.

Moreover, the involvement of a specialized team indicates the seriousness with which these investigations are conducted. By deploying experts adept in Massachusetts labor laws and fluent in multiple languages, the FLD ensures that they can communicate effectively with a diverse workforce. This inclusivity not only promotes trust but also guarantees that all workers, regardless of background, can report violations confidentially and accurately. The targeted and meticulous investigation in the Margaritaville case serves as a testament to the AGO’s unwavering commitment to labor law enforcement.

Implications of the Settlement

The settlement achieved between the AGO and Remby Contractors, LLC is more than just a financial resolution; it sends a clear message to employers across Massachusetts. By imposing substantial financial penalties and demanding restitution, the AGO sets a precedent that noncompliance with labor laws will result in significant consequences.

This case is part of a broader initiative spearheaded by Attorney General Campbell, focusing on defending worker rights and enhancing labor standards. Since the beginning of her tenure in 2023, the FLD has issued nearly $4 million in citations, with over $2.3 million directed towards restitution for affected workers. These efforts have positively impacted more than 2,000 construction workers across the state, reinforcing the AGO’s commitment to economic justice. Through these settlements, the Massachusetts AGO showcases its determination to uphold labor rights, fostering a fair working environment statewide.

Further, by holding Remby Contractors accountable, the AGO underscores the importance of adhering to labor laws and the potential repercussions of failing to do so. The case sets a clear example, demonstrating that large-scale projects and their contractors are not exempt from scrutiny. All employers in Massachusetts are thereby encouraged to maintain compliance with labor laws, knowing that violations will be met with stringent enforcement actions. This ensures a landscape where fair treatment of workers is not a sporadic occurrence but a consistent standard upheld for all.

The Role of Annual Labor Day Report

Attorney General Campbell’s annual Labor Day Report highlights the wide-ranging efforts made by the FLD over the past fiscal year. The report details various enforcement, outreach, and advocacy activities that supported over 40,000 Massachusetts workers, leading to the restitution of over $31.5 million in unpaid wages and penalties.

The report also emphasizes the AGO’s dedication to raising awareness about labor rights among both employers and employees. This transparency ensures that all parties are informed about the legal standards and the repercussions of any violations, fostering a fairer working environment throughout Massachusetts. By publicly documenting these efforts, the AGO promotes accountability and encourages ongoing compliance with labor laws. This open approach benefits employers and employees alike, providing a reference for best practices in workplace fairness.

Additionally, the Labor Day Report consolidates the achievements and ongoing goals of the AGO, mapping out a clear trajectory for future enforcement and advocacy. Highlighting success stories, it serves as both an informational resource and a motivational tool, inspiring continued vigilance in labor law compliance. This yearly report acts as a comprehensive overview of the state’s dedication to ensuring fair labor practices, further solidifying the AGO’s role as a guardian of labor rights in Massachusetts.

Resources for Affected Workers

Massachusetts Attorney General Andrea Joy Campbell recently unveiled a major legal development involving Remby Contractors, LLC, a construction firm based in Virginia. This company was contracted for renovation work at the Cape Codder Hotel in Hyannis, Massachusetts. The hotel is currently undergoing a transformation into the Margaritaville Resort Cape Cod. Remby Contractors, LLC was found to be in violation of Massachusetts wage and hour laws, resulting in a significant settlement. The company failed to adhere to strict labor regulations, which mandate fair treatment of workers, including timely payment and proper compensation for overtime. The Attorney General’s investigation into these practices revealed widespread non-compliance, prompting legal action. This case serves as a stern reminder to businesses operating in Massachusetts. It’s crucial for companies to follow state labor laws diligently to avoid substantial penalties and legal consequences. The settlement underscores the importance of worker rights and the role of regulatory oversight in maintaining fair labor practices.

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