“These convictions serve as a clear warning: Any employer that attempts to exploit
workers will be pursued to the fullest extent of the law,” added James. “My office will
continue to do everything in our power to ensure no New Yorker is cheated out of
their hard-earned money and that those who steal off the backs of their workers are
held accountable.”
A joint investigation by James’ office and the DOL discovered that the construction
company did not accurately report to the DOL’s Unemployment Insurance Division
how many employees worked between Jan. 1, 2014 and Dec. 31, 2016.
As a result, the attorney general’s office said the company significantly underpaid in
its unemployment contributions.
Separately, between Nov. 1, 2013 and March 31, 2015, Premier Builders failed to pay
its workers the proper rate of time-and-one-half after workers surpassed 40 hours
in any given workweek, instead only paying a straight time rate, according to the
attorney general’s office.
“Mike on James Murphy are both hard-working professionals and craftsmen, and
their company, Premier, did its very best to pay all of its workers a fair wage,” said
Vincent Martinelli, the company’s defense attorney. “When minor discrepancies
arose, they immediately recognized it and paid full restitution.”
“No worker was cheated out of a penny,” he added . “Maybe the AG’s office should
focus on corruption in Albany instead of driving essential employers out of business
so that they can no longer fairly employ the many workers who need jobs in these
tough times.”
The company’s owners have paid $300,000 in restitution to date, according to the
attorney general’s office, and have agreed to pay an additional $280,000.
Additionally, the two men have paid $151,915 in restitution to be paid out to 76
employees who were owed overtime wages during the aforementioned span.
An additional $148,085 has been paid to the state’s unemployment insurance fund,
and the court entered confessions of judgement against both men and the company
for an additional $289,695 owed to unemployment insurance contributions.
“Let this serve as a reminder to unscrupulous employers everywhere:
Unemployment Insurance fraud will not be tolerated in New York state,” said DOL
Commissioner Roberta Reardon. “There is no excuse to steal from a system that is
helping New Yorkers during their greatest time of need, especially during a global
health pandemic. I thank the Attorney General’s office and our many law
enforcement partners for joining us in our ongoing fight to eradicate fraud.”
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