Former lieutenant with the Prattville Police Department, Leon Todd Townson, 51, has pleaded guilty to insurance fraud in one case and burglary and conspiracy to commit burglary in an unrelated case.

Former Alabama officer pleads guilty to insurance fraud

  July 24, 2018

By Associated Press
PRATTVILLE, Ala. —

A former police officer in Alabama has pleaded guilty to fraud and theft charges.

Local media reports that 51-year-old Leon Todd Townson of Prattville pleaded guilty to insurance fraud in one case and burglary and conspiracy to commit burglary in an unrelated case.

Circuit Judge Ben Fuller has scheduled Townson's sentencing for August 13.

The charges carry penalties ranging from two to 20 years in prison.

The burglary charge carries a penalty ranging from one year to 10 years. Townson was a lieutenant with the Prattville Police Department before he resigned in 2005.

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PRATTVILLE, AL — A former high-ranking member of the Prattville Police Department has pleaded guilty to fraud and theft charges.

Leon Todd Townson, 51, of Prattville, pleaded guilty to insurance fraud in one case and conspiracy to commit burglary and burglary in an unrelated case. Circuit Judge Ben Fuller has set sentencing for Aug. 13. Townson appeared before Fuller dressed in blaze orange jail garb and restrained in handcuffs.

He entered what is know as a “blind plea” since the prosecution did not recommend a sentence.

The insurance fraud and conspiracy charges are both Class B felonies with a punishment range of two to 20 years in prison. The burglary charge is a Class C felony with a punishment range of a year and a day to 10 years in prison.

The other charges Townson faced were dismissed as part of the plea negotiations.

Townson had reached the rank of lieutenant before resigning from the force in 2005.

Townson was indicted in a 2015 incident where they were charged with breaking into a home in the 1100 block of Honeysuckle Drive. He faced burglary, theft of property, possession of burglar tools, conspiracy to commit robbery and conspiracy to commit indictments in that case, court records reveal.

In another unrelated case, in March of 2017, Townson was indicted with defrauding Travelers Insurance by filing false information on an insurance claim that allowed him to obtain more than $100,000 from the company, courthouse records show. The indictment reads that property that he had reported stolen from his business was later recovered from his home after a search warrant was served, records show.

Also in 2017, Townson was arrested on a truancy charged for allegedly not making his children attend school, court records show. He told authorities he was home schooling the children, but court records showed he had not filed the proper paperwork with the Autauga County Board of education showing he was home schooling the children.

In March, he was arrested again for obstructing governmental operations, court records show. He refused to allow a Department of Human Resources case worker toinspect the family home, records show. Townson allegedly became combative with the case worker. He has remained in jail since the March arrest. Fuller revoked the Townson’s bonds in the theft and fraud cases after the March arrest.

Townson resigned from the force in 2005 before pleading guilty to a misdemeanor charge of misappropriation of property, courthouse records show. At the time of his resignation, Townson was second shift supervisor and had headed the department’s drug unit. While on the force, he took an AR-15 rifle that had been seized in a narcotics case from the drug unit’s evidence locker, courthouse records show. Townson used the rifle, then used its receiver to build a more accurate rifle. He then tried to sell the rifle in a Montgomery gun shop, records reflect. When questions about the ownership of the rifle came up, he retrieved the rifle from the gun shop and destroyed it, records show.

Townson's co-defendant in the burglary case is also another former high-ranking member of the PPD.

John Wayne McDaniel, 49, of the 400 block of Bedford Terrace, pleaded guilty in October to impersonating a police officer and theft of property in one case in an unrelated case, and burglary and conspiracy to commit burglary in the case where he is a co-defendant with Townson, courthouse records show.


McDaniel (Photo: Booking)

Both men had reached the rank of lieutenant before resigning from the force. McDaniel had more than 20 years on the force before resigning in 2013 before he was arrested on theft of property, extortion, impersonating a police officer and possession of a controlled substance charges, records show. McDaniel pleaded guilty to stealing the sleep aid Ambien from a local pharmacy, and impersonating a police officer, the records show.

In the unrelated case, McDaniel and Townson were indicted in a 2015 incident where they were charged with breaking into a home in the 1100 block of Honeysuckle Drive. Both men were indicted on burglary, theft of property, possession of burglar tools, conspiracy to commit robbery and conspiracy to commit burglary, records show. McDaniel pleaded guilty to burglary and conspiracy to commit burglary in that case, record show.

McDaniel is also set to be sentenced by Fuller on Aug 13, court records show.

The cases are being prosecuted by the Alabama Attorney General's Office. District Attorney Randall Houston. requested the AG's involvement, since Townson was a former police officer in his district.

Minnesota Vikings offensive line coach Tony Sparano, 56, died from arteriosclerotic heart disease

Vikings assistant Sparano died of arteriosclerotic heart disease
By National Football Post

Minnesota Vikings offensive line coach Tony Sparano died from arteriosclerotic heart disease, the Hennepin County (Minn.) medical examiner’s office announced Monday.

Sparano was found dead at his home in Eden Prairie on Sunday morning by his wife. He was 56 years old.

“This individual’s cause of death is arteriosclerotic heart disease and manner of death is natural,” the medical examiner office’s press release stated. “There is no further information to release at this time.”

According to the Mayo Clinic website, arteriosclerotic heart disease “occurs when the blood vessels that carry oxygen and nutrients from your heart to the rest of your body (arteries) become thick and stiff– sometimes restricting blood flow to your organs and tissues.”

Sparano died at 8:54 a.m. on Sunday, shortly before he and his wife, Jeanette, were going to head to church.

ESPN’s Chris Mortensen reported that Sparano had gone to the hospital complaining of chest pains on Thursday and was released on Friday.

Sparano, the former Miami Dolphins head coach, joined the Vikings in 2016. He went 32-41 in parts of five seasons as an NFL head coach.

He began his NFL coaching career in 1999 as an offensive quality control coach with the Cleveland Browns, then was promoted to the offensive line coach in 2000. After stints with the Washington Redskins, Jacksonville Jaguars and Dallas Cowboys, he was hired by the Dolphins as their head coach in 2008.

He went 29-32 with the Dolphins over nearly four seasons.

He also worked as interim head coach with the Oakland Raiders in 2014, finishing the season 3-9, but was not retained.

Minnesota coach Mike Zimmer paid his respects on Sunday after hearing the news.

“I love Tony Sparano,” he said. “He was a great teacher, a grinder of a worker and had a toughness and fighting spirit that showed in our linemen. He was a great husband, father and grandfather and a great friend to me. This is just sinking in for us but Tony will be sorely missed by all.”

Sparano went 41-14-1 at Division II New Haven from 1994-98 before beginning his NFL career.

Sparano is survived by his wife Jeanette and three children. 

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What You Can Do to Prevent Atherosclerosis

Your good health has an enemy — atherosclerosis. Atherosclerosis is common. And its effects can be very serious. This condition can lead to strokes, heart attacks, and death.  But, you can take steps to protect yourself from this disease.

What is atherosclerosis?

The inside walls of healthy arteries are smooth and clean. This makes it easy to transport the blood your body needs. But arteries can become clogged. Fatty substances like cholesterol can stick to artery walls. These deposits are called plaque. Plaque can eventually slow or block the flow of blood. This blockage is atherosclerosis. It can affect any artery in your body. When atherosclerosis affects the arteries that supply blood to the heart, it is called coronary artery disease. Two things may occur where a plaque develops. A plaque may break off or a blood clot may form on the plaque's surface. If either of these situations occur, it may lead to a blockage of an artery and ultimately a heart attack or stroke.

How is cholesterol measured?

The National Heart, Lung, and Blood Institute recommends that all adults older than 20 have their cholesterol level checked every 5 years. This is done with a blood test. The test should measure total cholesterol, LDL ("bad") cholesterol, HDL ("good") cholesterol, and triglycerides. Talk with your healthcare provider about your target cholesterol levels. 

Am I at risk?

These factors put you at greater risk for atherosclerosis:

• Smoking
• High blood pressure
• High cholesterol
• A family history of atherosclerosis or heart disease
• An inactive lifestyle
• Overweight or obesity
• Diabetes

Having more than one risk factor can increase your risk even more. You can control most of the above risk factors. The following tips can help prevent atherosclerosis and improve your general health. If you have atherosclerosis, you may be able to stop it from getting worse.

Smoking

If you smoke, stop. Scientists have shown smoking damages the artery walls which can lead to atherosclerosis. This makes it easier for plaque to build up. Smoking is even more risky when you have other risk factors like high blood pressure or diabetes. If you want help quitting, talk with your healthcare provider. He or she has information on medicines, nicotine replacement products, and programs to make it easier. Also, avoid places where there is cigarette smoke. Research suggests that smoke from others can increase your risk of atherosclerosis.

Diet

Make changes to your diet. A diet high in saturated fat and cholesterol can raise your cholesterol levels. When you have high cholesterol, there may be more plaque to line artery walls and narrow your arteries. The American Heart Association recommends that you reduce the amount of meat, eggs, milk, and other dairy products in your diet. Check food labels to find the amount of saturated fat in a product. Also, avoid large amounts of salt and sugar. Be careful with processed foods like frozen dinners. They can be high in fat, sugar, salt, and cholesterol. Choose lots of fresh or frozen fruits and vegetables, lean meats and fish, as well as whole-grains like oats and whole-wheat. Choose unsaturated vegetable oils like canola oil instead of saturated fats like butter.

Exercise

Exercise regularly. Regular aerobic exercise can help fight atherosclerosis by reducing the amount of fat in your blood, lowering your blood pressure and cholesterol, and controlling your weight. It's never too late to start exercising. Brisk walking, swimming, and bicycling are good choices. It's OK to start slowly and work up to at least 30 to 40 minutes, 4 to 5 days a week. But before you begin, ask your healthcare provider's advice about what kind of exercise program is right for you.

Checkups

Get regular checkups. Have your healthcare provider check your blood pressure and cholesterol. High blood pressure can further complicate atherosclerosis by causing artery walls to harden and thicken. This condition is called arteriosclerosis. Talk about your health and your risk factors for atherosclerosis with your provider.

Diabetes

Control diabetes with your healthcare provider's help. People who have diabetes develop atherosclerosis more quickly. If you have diabetes, control your blood sugar level carefully. 

Will I know if I have it?

Because symptoms appear only after the damage has been done, don't wait for symptoms to develop before doing something about atherosclerosis. Begin by making the above lifestyle changes even if you feel well.

Together, you and your healthcare provider can decide what steps you need to take to stay healthy.

A three-year-old playing with a lighter caused a fire in a Fort Lauderdale home after he lit a paper on fire and accidentally dropped it on a bed

Fort Lauderdale, FL

 A three-year-old playing with a lighter caused a fire in a Fort Lauderdale home on Monday.

The single-family house, at 1212 NW 11th Place, was ruled “a total loss” by firefighters who put out a fire a few minutes after they were called about 4 p.m., Battalion Chief Stephen Gollan said.

The three-year-old, who was standing outside the house with a seven-year-old and their father, told firefighters he lit a paper on fire and accidentally dropped it on a bed, causing the fire to spread.

No one was hurt, but the children and their father were treated for smoke inhalation at the scene, Gollan said.   
 
A baby’s first year of life is tricky for any new parent. From learning all the safety rules to figuring out how to schlep all your baby’s must-haves from home to daycare to park, there is so much to figure out. To help you navigate the first...


Firefighters had difficulty getting to the flames because the house had hurricane shutters up and was cluttered with miscellaneous furniture and items, Gollan said.

“Always get your hurricane shutters down when they aren’t needed,” he advised homeowners.

The family, which was displaced, is being assisted by American Red Cross, Gollan said. The children will be required to attend a fire-starter educational program.

Contra Costa County Restaurants Cited and Fined over $200K for Failing to Provide Workers’ Compensation Insurance

Contra Costa County Restaurants Cited for Failing to Provide Workers’ Compensation Insurance

Martinez, Calif. – A joint enforcement strike force issued over $200,000 in administrative fines to nine Contra Costa County restaurants for failing to provide workers’ compensation insurance, announced District Attorney Diana Becton. On June 26 and July 20, 2018, investigators from the Contra Costa District Attorney’s Office, Department of Industrial Relations’ Labor Commissioner’s Office, and Employment Development Department conducted surprise inspections at Contra Costa County restaurants suspected of deliberately evading the obligation to provide workers’ compensation insurance to employees.

The citations issued by the Labor Commissioner’s Office allege that the restaurants cumulatively employed 55 workers without providing insurance coverage in the event of an injury on the job. The restaurants failed to respond to a warning letter from the District Attorney’s Office in July of 2017.

District Attorney Diana Becton said, “The District Attorney’s Office is committed to protecting the workers of Contra Costa County. Operations like these are an important part of obtaining compliance before an employee finds out the hard way that their employer did not have coverage for a severe injury.”

The Labor Code requires employers to provide workers’ compensation insurance to cover employees in the event of an on-the-job injury.

“This operation protects employers who are playing by the rules from being undercut by those who don’t,” said California Labor Commissioner Julie A. Su. “We also issued these citations because employees are entitled to workers’ compensation insurance if they are hurt on the job.”

Willful failure to provide the insurance is punishable by substantial fines and misdemeanor criminal prosecution. Employees that do not know whether they are covered can check their employer’s notices board or ask a manager. Labor Code section 3550 requires the employers to post a notice identifying the current insurance at a conspicuous location.

Anyone with information about employers who dissuade employees from filing claims after they are injured, lie to a workers’ compensation insurance carrier about who is employed and what jobs they actually do, or fail to provide workers’ compensation insurance coverage at all, can report that information to DA-ReportFraud@contracostada.org. Labor Code section 1102.5 prohibits an employer from retaliating against an employee who reports a violation of a California statute, rule, or regulation to a supervisor or government agency.

Joint Enforcement Strike Results:

• Meson Azteca, 2237 & 2239 Morello Ave., Pleasant Hill ($71,668)
• New Lim’s Garden, 4340 Clayton Rd., Concord ($51,262)
• Dragon City Restaurant, 71 Sand Creek Rd., Brentwood ($28,500)
• La Mordida, 607 Gregory Lane, Ste. 140, Pleasant Hill ($16,500)
• Sushi One, 3111 Balfour Rd., Brentwood ($15,000)
• Sunshine Café, 1908 Oak Park Blvd. Pleasant Hill ($7,500)
• Tacos El Patron, 2290 Monument Blvd., Pleasant Hill ($7,500)
• Grant Street Pub and Pizzeria, 1822 Grant St., Concord ($6,500)
• Sunshine Café, 2227 Railroad Ave, Pittsburg ($4,500)

State of Emergency declared, after flash floods devoured vehicles and homes in Tremont, PA

TREMONT, Pa. -- 

In Tremont, people woke up to water flooding the streets and their homes.

Crews have been working throughout the day trying to pump water out of the area but with more rain expected, they're bracing for the potential of more flooding.

Video sent to us from a viewer in Tremont shows rushing water flowing down Route 125 flooding cars and homes.

"The street washed out. It came down through, and the two culverts here were blocked, and they said it was about three, four foot of water right here in the street alone, and it almost went in the houses. It was ugly. It got bad in a hurry. Within an hour and a half, it came up that fast," said Richard Herb. 

Heavy rainfall caused flooding in several areas of Tremont. Tyler Schaeffer says he woke up to water in his home.

"We came down around 6 and saw there was water on the first floor and pretty much got out from there. The fire company actually picked us up," Schaeffer said.

Firefighters and other fire responders pumped water out of homes.

Tremont's mayor says the flooding destroyed some of the buildings, and he believes Tremont's American Legion Post may have to be condemned.

"We're expected to have a lot more rain coming through. We're expected to have outside agencies from Berks County coming up with a swift water rescue team for this evening's batch of rain that will be coming in sometime this evening," Mayor Ricky Ney said.  

Near South Pine Street, several portions of the road have been washed out and water carried debris through the streets.

This flood reminds many people of the damage left behind by Tropical Storm Lee in 2011.

"I think this one was worse. It really hit hard," Herb said.

As the area braces for more rain and the potential of more flooding, people like Tyler Schaeffer are doing everything they can to remain optimistic.

"Just wait until we hear from insurance and see what they say to do and take it one step at a time, I guess."

The mayor does not know at this point how many people were displaced because of the flooding.

Tremont has emergency shelters set up at its borough hall and at its ambulance garage.

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Schuylkill County slammed by flash flooding, states of disaster emergency declared


by Katie Berlin

Monday, July 23rd 2018



Schuylkill County slammed by flash flooding, states of disaster emergency declared

TREMONT BOROUGH AND PINE GROVE TOWNSHIP, SCHUYLKILL COUNTY (WOLF) —


Water gushes out of hoses along several streets in Pine Grove Township.

"We got a lot of rain in a short period of time," said Mayor Will Shiffer.

They're pumping out what the severe flash flooding left behind... several feet high.

"People that have water in the basement... it's at least 50 or more," said Shiffer.

In nearby Tremont Borough, the damage is just as bad.

"We have at least 35-45 homes that we have to pump basements out. We've already pumped quite a few out already," said Lewis Moyer, Tremont Deputy EMA.

Both communities declared a state of disaster emergency early this morning.

Tremont got its first call for a water rescue around 4:30 am.

"We had three rescues this morning... two people from a house and two people that had to be rescued from their vehicles. They were stranded in water.," Moyer said.

Spring St. has been closed off while crews tread through muck and drain homes.

The brick front wall of one man's house was completely ripped off.

"All the mud comes out of the creek and just lays all over the place. Inside the garage... everybody's garage around here... everybody's muddy. Just thank God it didn't get to the upper part of my house," said Mark Searle; Tremont

And the American Legion Post Post 384 on East Main got his hard by Good Spring Creek... knocking out its basement wall.

It's now shut down, until engineers decide what to do.

"It's just bad. Terrible," said Tim Murphy, who's at the legion every day.

"My house is fine, but where we park our car is all washed out, I had to go get the car out first. Then, you come down here to find all of this damage... now what do we do next?" said Ted Lebo, also with the legion.

Locals in both Pine Grove and Tremont say this is the worst they've seen since the flood in 2011.

While communities are cleaning up from Monday's flash flooding, emergency crews are on standby as they prepare for more heavy rain.

The National Guard brought trucks up.

A swift water rescue team came in from Berks County as a precaution.

And a message from both municipal mayors:

"Help each other out - neighbor versus neighbor - just be aware that if you need some sort of resources, you can reach out to the ambulance station here," said Tremont Mayor Ricky Ney.

"Nobody likes getting all this rain, but we got it, so people have to deal with is, and I think the people of Pine Prove are pretty resilient, I think they're handling it pretty well," said Shiffer.

Both have emergency shelters available.

Tremont has one set up in their municipal building.

The Red Cross has set up shelter in Pine Grove High School.

DEPARTMENT OF JUSTICE, EPA, STATE OF WEST VIRGINIA SETTLE WITH CSX TRANSPORTATION OVER 2015 DERAILMENT AND OIL SPILL IN MOUNT CARBON, W. VA.

DEPARTMENT OF JUSTICE, EPA, STATE OF WEST VIRGINIA SETTLE WITH CSX TRANSPORTATION OVER 2015 DERAILMENT AND OIL SPILL IN MOUNT CARBON, W. VA.

PHILADELPHIA (July 24, 2018) – Today, the U.S. Department of Justice, U.S. Environmental Protection Agency (EPA) and State of West Virginia announced a settlement with CSX Transportation Inc. to resolve its liability for state and federal water pollution violations related to a 2015 oil spill caused by a train derailment in Mount Carbon, West Virginia. Under the terms of the settlement, CSX Transportation will pay penalties of $1.2 million to the United States and $1 million to West Virginia.

“Federal law requires the transport of oil through communities like Mount Carbon to be done safely, whether by rail or any other mode. When accidents happen and public health or the environment is harmed, the Justice Department will respond with strong action in close coordination with our federal and state partners,” said Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division. “Today’s settlement imposes serious fines under the Clean Water Act for the 2015 CSX train derailment in West Virginia and seeks to deter similar incidents from happening in the future. I applaud the joint efforts of DOJ, EPA, and the State of West Virginia on this case.”

“The 2015 CSX train derailment in Mount Carbon, West Virginia caused significant damage and disruption to that community,” said EPA Office of Enforcement and Compliance Assurance Assistant Administrator Susan Bodine. “Through this settlement EPA, DOJ, and the State of West Virginia are holding CSX Transportation accountable for these consequences.”

On February 16, 2015, a CSX Transportation train with 109 railcars carrying crude oil derailed in Mount Carbon. Twenty-seven tank cars, each containing approximately 29,000 gallons of Bakken crude oil, derailed, and about half of the tank cars ignited. The resulting explosions and fires destroyed an adjacent home and garage. Local officials declared a state of emergency, nearby water intakes were shut down, and residents in the area were evacuated.

EPA and the West Virginia Department of Environmental Protection joined with other federal, state, and local agencies in responding to the incident. In response to federal and state orders, CSX Transportation has taken steps to remedy the damage and disruption caused by the oil spill. Separately, under a state-negotiated provision, CSX Transportation will help improve surface water quality in the area impacted by the oil spill through a contribution of $500,000 to a state-administered fund to upgrade a water treatment facility in Fayette County, West Virginia.

Some of the oil discharged during and following the train derailment flowed into the Kanawha River and Armstrong Creek. Freshwater bodies are particularly sensitive to fuel spills, which may damage fish and bird habitat and threaten drinking water supplies.

The proposed settlement is subject to a 30-day public comment period and final court approval. To view the consent decree or to submit a comment, visit the department’s website at: www.justice.gov/enrd/Consent_Decrees.html. 

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OSHA has cited five contractors for safety and health violations after 3 employees were killed and 2 others critically injured following an explosion onboard a towboat in Calvert City, Kentucky.

July 24, 2018

U.S. Department of Labor Finds Safety Violations Following
Fatal Kentucky Shipyard Towboat Explosion

CALVERT CITY, KY – The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited five contractors for safety and health violations after three employees were fatally injured and two others critically injured following an explosion onboard a towboat in Calvert City, Kentucky. The five companies collectively received 55 of violations with proposed penalties totaling $795,254.

OSHA cited ship repair contractor First Marine LLC; insulation contractor Thermal Control and Fabrication Inc.; temporary staffing companies Hutco Inc. and Day Help LLC (doing business as Wise Staffing Group); and blasting and painting contractor Joe Rupcke. First Marine LLC has been placed in the agency's Severe Violator Enforcement Program.

OSHA's investigation determined that the explosion occurred when employees were cutting and welding in an atmosphere containing flammable gases. OSHA issued citations for failing to test confined spaces before entry; train workers on confined space entry operations; label chemical containers; exposing employees to asphyxiation, fire, explosion, chemical, trip, and drowning hazards; and allowing hot work/welding to be performed without testing for an explosive atmosphere.

"This tragedy could have been prevented if the employers had followed proper confined space procedures and implemented appropriate safety measures," said OSHA Regional Administrator Kurt A. Petermeyer.

See the citations for First Marine, Hutco, Thermal Control and Fabrication, Wise Staffing Group, and Joe Rupcke.

The companies have 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education, and assistance. For more information, visit https://www.osha.gov.

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Autopsies completed on victims of boat explosion

January 19, 2018
WPSD Staff

CALVERT CITY, KY – Authorities have released the names of the people killed in a tow boat explosion in Marshall County that happened Friday morning.

Investigators with Kentucky State Police say 52-year-old Timothy Wright of Calvert City; 56-year-old Jerome Smith of Thibodaux, Louisiana; and 41-year-old Quentin Stewart of Opelousas, Louisiana, were pronounced dead at the scene by the Marshall County coroner.

Autopsies were completed on Sunday. Preliminary findings attribute each victim’s death to injuries received during the explosion.

Six people were injured in the blast and were taken to hospitals by first responders. KSP says 21-year-old Javier Fuenes and 23-year-old Wilson Madrid were taken by ambulance to Marshall County Hospital for treatment of minor injuries.

Troopers say James Lang and Tyler Wedeking were taken by ambulance to Lourdes hospital in Paducah for treatment of serious injuries.

Jimmy Lang and Billy Counts were taken by helicopter to Vanderbilt University Medical Center for treatment of serious injuries.

An investigation into the cause of the explosion is being held by OHSA and KSP. Anyone with information is asked to contact the Kentucky State Police Post 1 at 270-856-3721 or anonymously at 1-800-222-5555.

California's Labor Commissioner’s Office Cites Southern California Drywall Contractor Fullerton Pacific Interiors Inc. Nearly $2 Million for Overtime and Rest Period Wage Theft

News Release No.: 2018-61                                                         Date: July 24, 2018

Labor Commissioner’s Office Cites Southern California Drywall Contractor Nearly $2 Million for Overtime and Rest Period Wage Theft

Long Beach—The Labor Commissioner’s Office has issued wage theft citations of $1.9 million to Fullerton Pacific Interiors Inc. for failing to properly compensate 472 workers on 26 construction projects throughout Southern California. An investigation determined that none of the workers were provided rest periods as required by law, 289 workers were not paid for overtime and 28 workers were paid less than minimum wage.

The Fullerton-based contractor provided drywall work at hotel, recreation center and casino projects in Los Angeles, Orange and San Bernardino counties from August 2014 to June 2016. Workers performing taping and drywall installation were paid a daily rate that did not properly compensate them for overtime hours. Workers were allowed a 30-minute meal period but did not receive rest breaks.

“In construction, unscrupulous contractors attempt to obscure their wage theft by paying workers a flat rate rather than for all hours worked,” said Labor Commissioner Julie A. Su. “But a daily or other flat rate system does not take the place of minimum wage and overtime obligations.” 

The $1,964,679 citation penalty amount includes $1,892,279 payable to the workers and $72,400 in civil penalties. Of the total due to workers, $798,664 is for rest period violations, $386,685 for unpaid overtime and $692,500 for wage statement violations. The 28 workers shorted on minimum wage pay are owed a total of $14,431 for unpaid wages, liquidated damages and waiting time penalties. Fullerton Pacific Interiors, Inc. did not provide accurate itemized wage statements as required by law.  

The Labor Commissioner’s Office launched an investigation of Fullerton Pacific Interiors after workers complained about pay violations to Carpenters Contractors Cooperation Committee, a non-profit labor-management organization.

Enforcement investigations typically include a payroll audit of the previous three years to determine minimum wage, overtime and other labor law violations, and calculate payments owed and penalties due. Civil penalties collected are transferred to the State’s General Fund as required by law.

When workers are paid less than minimum wage, they are entitled to liquidated damages that equal the amount of underpaid wages plus interest. Waiting time penalties are imposed when the employer intentionally fails to pay all wages due to the employee at the time of separation. This penalty is calculated by taking the employee’s daily rate of pay and multiplying it by the number of days the employee was not paid, up to a maximum of 30 days.

Most workers in California must receive a paid 10-minute rest period for every four hours worked. If workers do not receive rest breaks as required by Industrial Welfare Commission orders for their occupation, the employer must pay one hour of pay at the worker’s regular pay rate for each workday that the break is not provided, and civil penalties of $50 per worker per pay period for the initial violation, which increases to $100 each for subsequent violations.

The Division of Labor Standards Enforcement, or the Labor Commissioner’s Office, is the division within the Department of Industrial Relations (DIR) with wide-ranging enforcement responsibilities including adjudicating wage claims, inspecting workplaces for wage and hour violations, investigating retaliation complaints and educating the public on labor laws.

In 2014, Labor Commissioner Su launched the Wage Theft is a Crime multilingual public awareness campaign. The campaign defines wage theft and informs workers of their rights and the resources available to them to recover unpaid wages or report other labor law violations.

Employees with work-related questions or complaints may contact DIR’s Call Center in English or Spanish at 844-LABOR-DIR (844-522-6734).

===============

A Full Service Drywall Company

Fullerton Pacific Interiors covers your wall solutions in and out. Providing innovative products from elite Gypsum manufactures designed to satisfy the most demanding specification and building codes.

Our Tradesmen work attentively, to provide precise detailed craftsmanship, in a safe, timely manner, and within budget.