AG CAMPBELL ANNOUNCES FAIR LABOR SETTLEMENT W/ CONSTRUCTION...

[Official photo of Massachusetts Attorney General Andrea Joy Campbell]

Settlement Includes Nearly $300,000 in Restitution to Impacted Workers and $70,000 in Penalties

BOSTON, MASSACHUSETTS – [Statement from the Office of Massachusetts Attorney General Andrea Joy Campbell] – Attorney General Andrea Joy Campbell today announced that her Office has reached a settlement with a Virginia-based construction company, Remby Contractors, LLC, and its owner, Remberto Rodriguez, for violating the rights of employees working on a renovation project at the Cape Codder Hotel in Hyannis. The ongoing renovation project is part of the hotel’s rebranding to Margaritaville Resort Cape Cod, a new location of the nationally recognized hotel chain Margaritaville Hotels and Resorts.

The settlement agreement requires the employer to pay $368,997.55, including $298,997.55 in restitution to impacted workers and $70,000 in penalties.

The settlement resolves the Attorney General’s Office (AGO)’s claims that between September 2023 and April 2024, Remby Contractors, LLC violated a range of Massachusetts’ wage and hour laws. The alleged violations, impacting 78 workers, include nonpayment of minimum wage and overtime, failure to provide pay stubs, misclassification of employees as independent contractors, and failure to track accrual and usage of earned sick time. As part of the agreement, the company has agreed to comply with all Massachusetts wage and hour laws, along with other state employment laws.

“When employers violate our employment laws, vulnerable workers who absolutely need their wages are unfairly harmed,” said AG Campbell. “I am proud of my team’s efforts in achieving this settlement, which will not only provide meaningful restitution to these workers but will also remind employers that Massachusetts is serious about protecting its workforce.”

The settlement follows an investigation by the AGO’s Fair Labor Division (FLD), which is tasked with enforcing the state’s wage and hour laws, along with other employment laws. The investigation began after FLD conducted a site visit at the hotel. The FLD Construction Field Team, a multilingual team of investigators, conducts unannounced visits to construction sites in Massachusetts each week to ensure compliance with the state’s wage and hour laws.

This matter was handled by Assistant Attorney General Anita Maietta and Investigators Daniel R. Guerino and Renato Silva, all of the AGO’s Fair Labor Division.

This action is part of AG Campbell’s ongoing efforts to advance economic opportunity by championing workers’ rights and protections, including within the construction industry. Since AG Campbell took office in 2023, the AGO’s Fair Labor Division has issued nearly $4 million in citations to enforce employment laws within the construction industry in Massachusetts, including nearly $2.3 million in restitution to impacted workers and over $1.6 million in penalties. These enforcement efforts have meaningfully impacted over 2,000 construction workers across the Commonwealth.

Earlier this month, AG Campbell released the AGO’s annual Labor Day Report, which highlights FLD’s work to protect employees over the past fiscal year. These actions include a range of enforcement, outreach, and advocacy efforts that assisted over 40,000 Massachusetts workers. Notably, the AGO’s past fiscal year’s enforcement actions assessed more than $31.5 million in restitution for unpaid wages and penalties.

Workers in Massachusetts who believe their workplace rights have been violated are encouraged to file a complaint with the AGO’s Fair Labor Division at mass.gov/ago/fld. For more information about the state’s employment laws, workers may call the AGO’s Fair Labor Hotline at (617) 727-3465 or visit mass.gov/ago/fairlabor for information available in multiple languages.