LOS ANGELES – A Jamul employer is alleged to have not paid employee contributions to several labor union funds.
Construction Laborers Trust Funds for Southern California Administrative Co. filed a complaint on Jan. 30 in the U.S. District Court for the Central District of California against Elken Contracting Inc. citing the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that it suffered damages due to unpaid and late-paid contributions. The plaintiff holds Elken Contracting Inc. responsible because the defendant allegedly breached its bargaining agreement with the plaintiff by failing to pay its monthly fringed benefit contributions on behalf of its employees.
The plaintiff seeks sum of $12,121.27 for delinquent fringe benefit contributions; $26,605.69 in liquidated damages; $3,852.58 in subcontracting violations; $2,578.30 for interest; plus additional accrued interest thereafter at the plan rate(s), currently; 6.25 percent per annum; $1,120 for audit fees; all legal fees and any other relief as the court deems just. It is represented by Alexander B. Cvitan, Marsha M. Hamasaki, and Peter A. Hutchinson of Reich, Adell & Cvitan in Los Angeles.
U.S. District Court for the Central District of California Case number 2:17-cv-00721-SVW-E