A lawsuit filed against Thoele Asphalt Paving by Illinois Attorney General Lisa Madigan claims the contractor underpaid its employees by over $100,000 on a public works project. The Department of Labor had demanded back pay for the workers from the contractor but Thoele failed to pay. Now, they are demanding the back pay plus “penalties of 23 percent of the compensatory damages, punitive damages of 2 percent of the compensatory damages per employee, costs, attorney’s fees and other relief the court deems just.”
The Department of Labor alleges Thoele Asphalt Paving was a subcontractor that general contractor Baxmeyer Construction hired to repair rip rap along Illinois Route 100 between Alton and Grafton. The construction company also transported materials to work sites for the completion of the project, according to the complaint filed Oct. 4 in Madison County Circuit Court.
Later, the Department of Labor received a complaint about Thoele Asphalt Paving in which a person reported that it did not comply with the Prevailing Wage Act, the suit states. The Department of Labor conducted an investigation and found that Thoele had violated the act, the complaint says.
According to the lawsuit:
“Thoele Asphalt Paving failed to comply with the provisions of the Prevailing Wage Act because it failed to pay the claimants in the amounts as indicated,” the suit states. “The aggregate sum of underpayments owed to all claimants for the work performed on the public works project and required by the Prevailing Wage Law is $108,392.95.”
This article was originally printed on We Party Politics on October 15, 2013. Reprinted with permission.
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