Daily Times (Primos, PA)

Four charged with falsifying employee status

- By Alex Rose arose@21st-centurymed­ia.com @arosedelco on Twitter

MEDIA » Four people have been charged with misclassif­ying employees as “independen­t contractor­s” and related offenses in what Delaware County District Attorney Jack Stollsteim­er said appeared to be the first actual use of a decade-old law aimed at cracking down on worker misclassif­ication.

“Our staff hasn’t been able to find a single case, criminal case, of misclassif­ication brought in Pennsylvan­ia,” said Stollsteim­er. “Well, that ends today.”

“When you misclassif­y employees, let me be clear what you are doing: You are stealing,” said state Attorney General Josh Shapiro, who joined Stollsteim­er at a press conference Monday announcing the charges.

“You’re stealing on the hour, every hour,” he added. “Often, you’re stealing from workers who are underpaid, who have been denied benefits and who have been put into dangerous situations without appropriat­e training.”

Charged are Armando Garcia-Ramirez, 55, of the

2100 block of South Queen Street in York, owner of G&R Drywall and Framing LLC; his wife and business partner, Martha Guzman,

45; their daughter and employee, Stephanie GarciaRami­rez, 26, and Angelita Paulin-Santos, 39, of the

600 block of Smith Street in York.

Each are facing dozens of charges that include conspiracy, theft by deception, deceitful business practices, making false statements and improper classifica­tion of employees.

All have posted bail and waived preliminar­y hearings except Armando Garcia-Ramirez, who is being held on an immigratio­n detainer, according to defense attorney Jim Bonner. He said his client is scheduled for a video preliminar­y hearing Thursday.

“He’s a hard-working guy and we’re working our way through trying to understand what’s going on with his case and looking forward to getting informatio­n from the District Attorney’s Office so we can defend him and get him the best possible result,” said Bonner.

Attorneys Anser Ahmad, representi­ng Paulin-Santos, and Enrique Latoison, representi­ng Stephanie GarciaRami­rez, declined to comment Monday. Attorney Mike Dugan, representi­ng Guzman, did not respond to a request for comment.

Deputy District Attorney for Special Investigat­ions Doug Rhoades and Elizabeth Schneider, chief of the Economic Crimes Unit, will be prosecutin­g.

According to affidavits of probable cause written by Delaware County Criminal Investigat­ion Division Detective Steven Cortese, the county received a tip of possible workplace misclassif­ication in September 2019 concerning constructi­on of a new L.A. Fitness gym at 2170 West Chester Pike in Broomall.

Cortese and CID Lt. William Wright met with Stephanie Garcia-Ramirez at the York-based drywall business in November 2019, according to the affidavit. She allegedly told the investigat­ors that all employees were independen­t contractor­s and provided paperwork to that effect for seven individual­s.

In speaking with some of those people, Cortese learned that many of their Social Security numbers appearing on employer documents were fraudulent, according to the affidavits. At least two of the workers were undocument­ed and stated that Armando Garcia-Ramirez knew that some employees were undocument­ed immigrants.

Investigat­ors also found that employees were paid an hourly wage on a weekly payroll distributi­on, that none of the “independen­t contractor­s” owned a business separate from G&R Drywall and Framing, and that the company gave employees money to buy liability insurance, which was required by the allegedly fraudulent independen­t contractor contracts the employees had signed, according to the affidavits.

Business records seized under two search warrants executed in November 2020 allegedly revealed that monetar y instrument­s in large quantities were routinely transferre­d to Hidalgotit­lan, Mexico, from the business owners, employees and business address of G&R Drywall and Framing, according to the affidavits. These included vehicles, homes and U.S. currency that the affidavits claim were obtained illegally.

Act 72 of 2011, dubbed the Constructi­on Workers Misclassif­ication Act, provides that independen­t contractor­s must be autonomous, with their own business performing tasks at “arm’slength” for contractua­l payment.

Stollsteim­er and Shapiro announced a pilot program early last year to crack down on misclassif­ication of workers across numerous industries, which is a problem not only for employees who should be receiving certain benefits, but also for society at large when payroll tax, unemployme­nt insurance and workers compensati­on go unpaid.

“Right here, the good people of Delaware County are getting ripped off when someone misclassif­ies a worker because taxes are not only withheld, and unemployme­nt and workers comp. don’t get paid, but you are robbing the public of needed services,” said Shapiro. “Think about it for a minute. You’re not paying money into the local schools, into the local parks, the local roads and bridges. You are ripping off the taxpayers of Delaware County and the Commonweal­th of Pennsylvan­ia when you do this.”

He added that businesses that are able to undercut bids on projects by misclassif­ying workers also steal from other companies that try to do the right thing and play by the rules.

Shapiro said his office’s Fair Labor Section headed by Chief Deputy Attorney General Nancy Walker provided support and specialize­d expertise to Stollsteim­er’s office, and will do the same for other district attorneys across the commonweal­th pursuing similar charges.

Though misclassif­ication was apparently enough of a problem 10 years ago to require a statute, Stollsteim­er and Shapiro said it needs to be enforced to send a message that the practice will no longer be tolerated.

Stollsteim­er said law enforcemen­t does have limited resources and has to focus first and foremost on violent crime, though his administra­tion does plan to make worker misclassif­ication a priority.

By partnering with Stollsteim­er on this case, Shapiro noted that felony theft charges could be brought in addition to the misdemeano­r misclassif­ication charges, providing a stronger incentive for companies to comply with employment regulation­s.

“Here is my message to constructi­on companies here in Delaware County and across Pennsylvan­ia: We are watching,” said Shapiro. “If you continue to try and misclassif­y workers, we will hold you accountabl­e and we will prosecute you to the fullest extent of the law.”

 ??  ?? Stephanie Garcia-Ramirez
Stephanie Garcia-Ramirez
 ??  ?? Armando Garcia-Ramirez
Armando Garcia-Ramirez
 ??  ?? Angelita Paulin-Santos
Angelita Paulin-Santos
 ??  ?? Martha Guzman
Martha Guzman

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