Need Recommendation for Lawyer
Now you know more, but this deception is bigger than Texas. Here are a couple of reports from NPR about Texas construction, renovation, and immigration. I caution, this is not only about immigration, and NYC is not Texas. Housing and living cost way more here, and we have more ways to cheat too. Regardless of worker immigration status, or client’s financial status, fraud is long established, with strong incentive, and weak enforcement. When workers are paid in cash here, the goal is payroll tax evasion (about 20% of labor cost), personal income tax evasion (20%) and workers’ comp fraud (20%). But in Texas, workers’ comp insurance is not required, it is in NYC, and the rate doubled in only 4 years. That’s why our deception is bigger, not the same as Texas. Most home owners are willing to pay more for legal work, but not a total of 60% more for labor. You were deceived, but others are complicit. Wade Goodwin’s deep Texas drawl alone is worth the listening: http://www.npr.org/2013/04/10/176677299/construction-booming-in-texas-but-many-workers-pay-dearly http://www.npr.org/2013/04/11/176777498/texas-contractors-say-playing-by-the-rules-doesnt-pay From this study: http://www.workersdefense.org/Build%20a%20Better%20Texas_FINAL.pdf You mentioned you hired a “GC.” GC’s are registered by the DOB to pull permits, and could also be HIC’s (Home Improvement Contractors), licensed by the DCA. You probably mean you hired a licensed HIC. If so, the lawyer I pay on your behalf can help you because, like mine, your contractor’s fingerprints and recent contact information are on file. You can also complain to the NYS Workers’ Comp Board, and the NYS Dept of Labor. Recently, the NYS DOL was audited by the NYS Comptroller, regarding suspected lack of enforcement against wage theft, which is a big problem in Home Improvements, construction, and has captured public attention in other industries. I know from personal experience, the DOL willfully fails to enforce payroll tax law. In a recent audit, I submitted my books and was represented by a CPA, but was told what amount to pay in taxes for “unreported payroll” without any examination of my financial records. The amount was $246.00 + 0.08/day interest. Had I been cheating, I would regard that tiny figure as encouragement to keep doing it, a free pass. My auditor, Anthony Gorman explained: “We didn’t look at your books because we know everyone in your industry is cheating.” Indeed, so common is it for contractors to pay in cash, an entire financial industry exists to help us cash our client’s checks without ever depositing them in audited bank accounts. It costs only 2% to launder a check or “turn it in to cash.” Not “everyone” is cheating or cheating entirely, but if your contractor and his or her workers are 100% out of compliance, the 2% fee saves about 58% of labor cost. Good luck. If you (or anyone) wants to hear my recommendations to change my industry, you can find me in the directory under Shower Stalls. Green Mountain
greenmountain
in Roofers 10 years and 10 months ago
4
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4 replies
nancyk | 10 years and 10 months ago
Unfortunately, I am in a dispute with an unscrupulous contractor who has threatened to lien my house. I would greatly appreciate a recommendation for a local lawyer who can handle a small matter. Thanks in advance.
stuyheights | 10 years and 10 months ago
The Goodman Law Firm 1517 Voorhies Avenue Brooklyn, New York 11235 Direct Line: (917)-525-5919 Main Office No: (718) 934-8811 59 Rockaway Avenue Valley Stream, 11581 Telephone No: (516) 742-0300 Fax No: (516) 740-0887 Email: pg@nygoodmanlaw.com Tell him Justin sent you.
greenmountain | 10 years and 10 months ago
Did you file a complaint with the Dept of Consumer Affairs? I paid for your lawyer there in advance. What happened at the DCA? I certainly hope the fees I pay as part of my license obligation are well spent. What happened, didn’t they help you? As a licensed contractor, I follow a very strict set of laws. Payroll taxes and workers’ comp insurance are huge business expenses, but as a home owner, you can avoid them by hiring a contractor who cheats. Only contractors (often also the same people who perform the work) are penalized. Home owners can hire anybody they like. Many home owners knowingly or unknowingly hire contractors who cheat, and it is hard to compete if you don’t cheat. But, even if your dispute is with an unlicensed contractor, you can still work with my lawyer. It may be easier to resolve, if your contractor is licensed. Did you hire a licensed contractor? Why or why not?
nancyk | 10 years and 10 months ago
licensed general contractor whose regular sub pays workers off the books. i did not find out until after work was completed. had i known, i never would have permitted this because workers were not covered by insurance and i was at great risk in the event of injury or accident. this is just the tip of the iceberg.