PHILADELPHIA – A Conshohocken employer is alleged to have failed to pay interest fees on late 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 N. Abbonizio Contractors Inc. citing the Employee Retirement Income Security Act.
According to the complaint, the plaintiffs allege that the defendant has been "chronically delinquent" in its contributions to the plaintiff funds since February 2016.
The plaintiffs hold N. Abbonizio Contractors Inc. responsible because the defendant allegedly breached its contractual agreement by failing to pay interest on the late payments.
The plaintiffs seek $9,278.29 in interest; $60,278.08 in liquidated damages; principal contributions from May to July 2017; a complete payroll audit; any contributions found due and owing; court costs; and any further relief the 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-04235-GAM