A.G. Schneiderman Announces Conviction Of Electrical Contractors For Not Paying Prevailing Wages On Electrical Work Projects
Electricians Were Cheated Out Of More Than $250,000 On Public Work Projects Throughout New York City
Subcontractor Performed Electrical Work On Renovation Of CUNY Science Laboratories At Hunter College, City College, Lehman College, Brooklyn College And Queens College, Among Other Projects.
Schneiderman: My Office Will Continue To Take Strong Action Against Employers Who Violate New York’s Labor Laws, Steal Taxpayer Dollars And Violate The Public Trust
NEW YORK -- Attorney General Eric T. Schneiderman today announced the conviction and sentencing of Ronald Bartiromo, Raymond D’Auria and R3 Electrical Inc. for failing to pay legally required wages to their workers on two public works projects throughout New York City. Ronald Bartiromo and R3 Electrical pled guilty to the felony crimes of violation of prevailing wage requirements of the New York State Labor Law and grand larceny in the second degree. D’Auria pled guilty to the misdemeanor crime of violation of prevailing wage requirements of the New York State Labor Law. As a condition of the pleas, Bartiromo and R3 Electrical agreed to pay $273,943.66 in restitution to underpaid workers and are prohibited from working on public works projects for five years. Bartiromo was also sentenced to 5 years’ probation.
“Mr. Bartiromo, Mr. D’Auria and R3 Electrical, Inc. are being held accountable for stealing wages from workers who did electrical work on several public works projects throughout New York City,” Attorney General Schneiderman said. “My office will continue to take strong action, including filing criminal charges, against employers who violate New York’s labor laws, steal taxpayer dollars and violate the public trust.”
Bartiromo is the owner and Chief Executive Officer of R3 Electrical Inc., a Staten Island-based company that performed electrical work. Ronald D’Auria was the Project Manager for R3 Electrical and supervised the work performed on R3 Electrical’s projects at the worksites.
The defendants and their company, located at 541 Port Richmond Ave, Staten Island, performed electrical work as a subcontractor between 2008 and 2010 on the construction project known as the Renovation of Five CUNY Science Laboratories based at Hunter College, City College, Lehman College, Brooklyn College and Queens College, as well as a New York Power Authority construction project at the Rutgers Houses, a New York City Housing Authority facility. Under the CUNY contract for the Science Laboratories project and under state Labor Law, defendants were required to pay employees the prevailing wage for electricians. New York's prevailing wage law seeks to ensure that government contractors pay wages that are comparable to the local norms for a given trade. The law requires an hourly rate for construction work performed for public agencies that is much higher than the state minimum wage, as well as higher wages for overtime, weekends or work at night.
Bartiromo was aware that he was required to pay the prevailing wages but, with D’Auria’s assistance as the Project Manager, paid hourly rates that were a fraction of the total required. In a scheme to avoid detection, Bartiromo filed false certified payroll reports stating he paid his workers the proper prevailing wages.
Bartiromo pled guilty to one count of Failing to Pay the Prevailing Wage, in violation of Labor Law § 220(3)(d)(i)(2), a class "E" felony.
R3 Electrical, Inc. pled guilty to one count of Grand Larceny in the Second Degree, in violation of Penal Law §155.40, a class “C” felony.
Raymond D’Auria pled guilty to one count of Failing to Pay the Prevailing Wage, in violation of Labor Law § 220(3)(d)(i)(1), a class “A” misdemeanor.
Justice Larry Stephen of Manhattan Supreme Court sentenced Bartiromo to 5 years of probation and payment of $273,943.66 in restitution for the workers he underpaid. Justice Stephen sentenced D’Auria and R3 Electrical, Inc. to conditional discharges. All defendants were debarred from submitting bids on, or contracting for, any public works projects for the next five years.
The Attorney General thanks the CUNY Office of Facilities Planning, Construction and Management, Department of Vendor Integrity & Investigations for their investigation and assistance in the prosecution of this matter. The case was investigated by the office’s Deputy Director Joseph P. Piazza, Investigator Avastie Medina, and Director Vincent Green. Additionally, the Attorney General thanks the New York Power Authority and the New York State Department of Labor for their cooperation.
The case was prosecuted by Assistant Attorney General Matthew Ross. Richard Balletta is the Chief of the Labor Bureau Criminal Section. The Labor Bureau Chief is Terri Gerstein, and the Bureau is overseen by Executive Deputy Attorney General for Social Justice Alvin Bragg. The case was also investigated by New York Office of the Attorney General Senior Investigator Luis Carter and Investigator Sixto Santiago, Supervising Investigator Kenneth Morgan and Deputy Chief Vito Spano.