PHILADELPHIA – A Boothwyn employer is alleged to have failed to pay interest on late contribution payments to several labor union funds.

International Union of Operating Engineers of Eastern Pennsylvania and Delaware Benefit Pension Fund, et al. filed a complaint on Sept. 21 in the U.S. District Court for the Eastern District of Pennsylvania against Carson Concrete Corp. alleging violation of the Employee Retirement Income Security Act.

According to the complaint, the plaintiffs allege that since May 2016, the defendant has been "chronically delinquent" in its contributions and has not paid interest fees for the late payments.

The plaintiffs hold Carson Concrete Corp. responsible because the defendant allegedly failed to submit reports for any month from June to determine the principal contributions that are due.

The plaintiffs seek $3,895.70 in interest; $30,806.14 in liquidated damages; access to all necessary information to complete a payroll audit; judgment for any contribution funds found due and owing; court costs; and any further relief this court grants. 

They are represented by Regina C. Hertzig and Jeremy E. Meyer of Cleary, Josem & Trigiani LLP in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania case number 2:17-cv-04234-MSG

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