CHARLESTON, W. Va. – A highway contractor that was found to not be withholding West Virginia state payroll taxes for a decade is being required by the state to pay back only two years' worth.
Florida industrial painting company Seminole Equipment was the low bidder on a South Charleston bridge project.
Steve White, director of Affiliated Construction Trades, said through payroll records, the union found Seminole hadn't withheld state payroll taxes for about $10 million in contracts going back 11 years.
White said the union filed a complaint and even picketed last fall, but the state put a lien on Seminole for only the last two years' worth of withholding.
"How could a company not withholding income tax not be required to make good on that?" asked White. "If it was a person locally that hadn't paid for 11 years, and they got caught, we'd all be expecting 'em to pay up."
The West Virginia State Revenue Department lien is for more than $160,000 for "accrued withholding, interest, additions to tax and penalties." Neither Seminole nor the Revenue Department returned calls requesting comment for this report.
White said he isn't sure if the two-year limit is set by law, or represents the state's lack of will to go after the money. Either way, in his view, it needs to change.
The construction trade unions watch public contracts closely, and often report what they find. The website WVCheckbook.gov also provides detailed information about state contracts and spending.
White believes that too often, West Virginia lets low-cost, non-union contractors come in from out of state and underbid on public work. According to White, at times these companies cut corners and do a shoddy job.
"It's a privilege to get the tax dollars, you know - they don't have a right to it, coming from Florida," he insisted. "If you've been caught cheating, you should be barred from bidding projects for a period of time, if not forever. Let those honest companies have a chance to get this work, and it'll probably turn out to be a better job."
White estimated the company may owe the state close to a half-million dollars for improper withholding. He added if those employees file state tax returns, West Virginia is on the hook for any refunds.
And he pointed out that, despite this controversy, Seminole Equipment has a current $8.5 million contract for work in Raleigh County.
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With hotter summers bringing hotter working conditions, the Maryland Department of Labor is implementing a heat stress standard to protect workers but workers' advocates said it falls short on specifics.
In 2020, the Legislature directed the Labor Department to establish new heat stress protections for workers. A draft standard was released in January for indoor or outdoor work environments when the heat index is above 80 degrees.
Darryl Alexander, adviser for the National Council for Occupational Safety and Health, said the plan does not establish specifics for monitoring.
"They ought to be required to say how they're going to monitor the workplace for changes in temperature, humidity, heat index," Alexander asserted. "The way they require to monitor the workplace for noise, or chemicals or anything else - that, in their written plans, they have to say how they're going to do it."
Alexander argued ideally, employers would be required to use what's known as a "wet bulb globe temperature meter," which monitors the heat index as well as measuring radiant heat from sources such as ovens or sunlight.
The draft standard requires employers to put an effective heat illness prevention and management plan in writing and provide workers annual heat stress training. When the heat index reaches 90, it requires employers to consider the effects of personal protective equipment on heat stress but there are no specifics on how to do it.
Scott Schneider, another adviser for the National Council for Occupational Safety and Health, said how hard you are working and what you are wearing can both contribute to heat stress.
"If you're working and you're wearing impermeable clothing; like you're wearing, like a Tyvek suit, like you're doing asbestos abatement, or if you're out in the fields and you have protective clothing to protect you from pesticide use; that clothing can prevent you from sweating," Schneider noted. "That also will increase your heat stress risk."
He added when calculating heat stress risk, there are methods to account for protective clothing or harder work. He thinks the standard should include specifics on both. The Department of Labor is expected to have the plan finalized by this summer.
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Minnesota is among the states taking a closer look at extending unemployment benefits to workers who go on strike. A bill making its way through the Legislature would make workers involved in a walkout of at least one week eligible for jobless benefits.
In the past year, labor economists have said, there's been positive movement with wage growth. However, backers of Minnesota's plan are pointing to major gaps between corporate profits and the pay most workers receive.
When those individuals want to fight for fair compensation, Jake Schwitzer, executive director of the left-leaning think tank North Star Policy Action, said they're at a big disadvantage in taking on ownership.
"They can use their considerable profits to engage in bad-faith negotiating tactics, and simply wait out their poorly paid workers," he said.
During labor disputes, Schwitzer said, providing unemployment benefits alleviates hardships and empowers workers to keep fighting.
Critics have cited the potential costs and disincentivizing people to work. However, research from Schwitzer's group estimates fewer than 200 additional workers are added to the unemployment rolls in these cases.
Nearly 10 other states have either debated or enacted similar laws.
John Kontzelmann, secretary-treasurer of UAW Local 125, said a walkout is viewed as a last resort, while noting the recent auto workers' strike was a tough choice for many of his colleagues.
"The uncertainty of no or reduced income, for an unknown amount of time, was very stressful and worrying," he said.
Without small levels of assistance from a union strike fund, Kontzelmann said, making ends meet would have been even more challenging for workers and their families.
The Minnesota bill cleared a House committee this week. It's unclear if it will win final legislative approval.
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Critics say a bill passed by West Virginia lawmakers increases the bureaucratic red tape folks who rely on unemployment benefits have to navigate and could financially hurt families already struggling with the high cost of living and ongoing inflation.
Kelly Allen, executive director with the West Virginia Center on Budget and Policy, said the bill includes new reporting from employers and job research requirements for recipients, but keeps the maximum number of benefits available at 26 weeks.
"Safety-net kind of programs like this, that help bridge families between jobs and keep them economically secure, is a really important tool," Allen said.
Senate Bill 841 also limits the amount of money employers pay into the unemployment fund to $9,500 of an employee's earnings. Supporters of the bill argue the state's trust fund is in peril and say the measure helps save money. The bill goes into effect on July 1.
Allen pointed out that research shows unemployment insurance helps families stay afloat during economic downturns, and provides continuous income for basic household needs. She added that unemployment insurance has also been linked to reduced rates of child abuse and neglect.
"We know that generous unemployment insurance and robust unemployment insurance benefits mitigate the impact that those economic shocks have on families and the data shows can actually reduce child welfare involvement, " Allen continued.
According to state data, the state's unemployment rate was nearly 5% as of the beginning of this year.
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