In a landmark ruling that brings justice to the forefront of the Seattle construction scene, a Hearing Examiner has upheld the findings of serious labor violations by Newway Forming, Inc., and Baja Concrete USA Corp. The decision, announced on March 26, affirms the companies' responsibility for egregious labor violations, including the non-payment of overtime wages and the denial of legally mandated breaks. The original ruling, made in August 2021, uncovered a shocking $2,055,204.10 in financial remedies due to 53 workers and an additional $170,786.20 owed to the City of Seattle.
Spanning a period from February 2018 through August 2020, the Office of Labor Standards (OLS) investigation found that the companies were guilty of making unauthorized paycheck deductions, neglecting paid sick leave, and not compensating for all hours worked, with some employees toiling up to 19 hours without requisite meal or rest periods. While employed by Baja Concrete, it was established by the OLS that Newway Forming exerted significant control over various employment aspects, blurring the lines between the two company workforces, as reported by Seattle's Office of Labor Standards.
One affected worker, in a statement quoted by Seattle's Office of Labor Standards, expressed relief and fear, saying, While I feel very happy about the decision, I am also quite afraid of what might happen to us or our families if there is any retaliation." These worries come in the aftermath of intimidating and oppressive conditions that lead to physical and psychological harm deemed irreversible by the same worker.
The depth of control that Baja Concrete asserted over its workers' lives was brought to light in the hearing examiner's report. They managed housing, job site transportation, and, in some cases, even held onto personal documents. They made deductions from workers' pay without consent for items like rent, transport, tools, and clothing. Testimonies, provided mostly through interpreters, from the predominantly non-English-speaking, non-US-citizen workers, highlighted the extreme degree of control Baja Concrete exerted over their lives, the Office of Labor Standards detailed.
With this case potentially setting precedents, Rutgers School of Management and Labor Relations Professor Janice Fine called it a powerful example for labor standards enforcement nationwide. OLS Director Steven Marchese declared the ruling "a substantial victory for construction workers" in an industry known for such violations, emphasizing that exploitation of vulnerable workers will not be tolerated.
The companies involved Baja Concrete, a Florida corporation, and Newway Forming, a Canadian entity with Washington operations, have sought a writ of review in King County Superior Court, potentially setting the stage for further legal battles. Both companies are known players in Seattle's concrete construction sector, yet now also for their flagrant disregard of the labor laws intended to protect their workers.
