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Seattle Office of Labor Standards Investigation Finds Baja Concrete USA Corp and Newway Forming Inc. Jointly Responsible for Alleged Egregious Labor Standards Violations at Three Seattle Construction Worksites

Financial Remedies Surpassing $2 Million Dollars

For Immediate Release

Contact Information
Cynthia Santana
Phone: 206-256-5219
Email: cynthia.santana@seattle.gov

Seattle Office of Labor Standards Investigation Finds Baja Concrete USA Corp and Newway Forming Inc. Jointly Responsible for Alleged Egregious Labor Standards Violations at Three Seattle Construction Worksites

Financial Remedies Surpassing $2 Million Dollars

Seattle, WA (September 7, 2021) – The Office of Labor Standards (OLS) determined that Baja Concrete USA Corp (Baja Concrete), Newway Forming Incorporated (Newway Forming), and two individuals acting as employers violated Seattle’s Minimum Wage, Paid Sick and Safe Time, and Wage Theft Ordinances. The total financial remedy was $2,055,204.10 to 53 affected workers and $170,786.20 to the City of Seattle.

The alleged violations occurred between February 2018 and August 2020. Baja Concrete, Newway Forming, and the individual manager and superintendent were found to be jointly and severally liable for the violations, which included:

  • Regularly deducting funds from employee paychecks without the employees’ authorization;
  • Failing to provide employees with Paid Sick and Safe Time;
  • Failing to pay employees the minimum wage;
  • Failing to pay employees for all hours worked; and,
  • Failing to pay employees overtime wages or provide sufficient meal and rest breaks.

The employees nominally worked for Baja Concrete, but OLS found that Newway Forming controlled many aspects of their employment. The employees sometimes worked up to 19 hours in a day without the required number of meal and rest breaks and performed significant amounts of overtime labor without receiving any overtime premium pay.

“Thanks to God I found help after being quiet for a long time. There are many people who experience the same thing, and no one should experience that. No one should take advantage of someone who only wants to work in order to help their family,” said one worker.

“Wage theft continues to be the most expensive form of theft across the country – affecting workers from all backgrounds,” said Nuno Pereira, Worker Rights Coordinator at Casa Latina, a non-profit organization and OLS Community Outreach and Education Fund partner. “Casa Latina is proud to be partnered with OLS to serve as a bridge between community organizing and government enforcement. We congratulate OLS for its investigative work and look forward to our continued efforts in co-enforcing the legislation against wage theft and empowering our Seattle worker community,” said Pereira.

Baja Concrete, a Florida corporation, and Newway Forming, a Canadian company with a local office in Lynnwood, Washington are respectively concrete finishing and concrete forming companies operating in Seattle. Baja Concrete, Newway Forming, and two individuals – a Baja Concrete manager, and a Newway Forming site superintendent, jointly employed the 53 cement finishers, laborers, and carpenters at Seattle residential construction sites, most of whom worked at a single location in the South Lake Union area of Seattle.

“This is a significant win for construction workers in an industry that is rife with labor standards violations. Vulnerable, low-income workers are often subjected to intimidation in the workplace and must be protected. OLS enforces Seattle’s labor standards to ensure workers are supported and provided resources while ensuring businesses comply with the law. When we find egregious circumstances such as those in this case, we hold violating businesses responsible for making their employees whole,” said Steven Marchese, OLS Director.

Baja Concrete and Newway Forming have the option to appeal the Director’s Order and have the matter heard before the Hearing Examiner.

For more information on Seattle’s labor laws contact the Office of Labor Standards at http://www.seattle.gov/laborstandards or call 206-256-5297.

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