Mass X Inc. allegedly didn't pay benefits

By Travis Zuellig | Jan 31, 2016

SAN FRANCISCO — Four employee benefit plans and two co-chairmen of the joint boards of trustees of the plans, along with a local union and a trust, are suing a California corporation and an individual over plan payments.

The Operating Engineers’ Health and Welfare Trust Fund for Northern California, the Pension Trust Fund for Operating Engineers, the Pensioned Operating Engineers’ Health and Welfare Trust Fund, and the Operating Engineers and Participating Employers Pre-apprentice, Apprentice and Journeymen Affirmative Action Training Fund, along with Russell E. Burns and Richard Piombo, Heavy and Highway Committee and Operating Engineers Local 3 of the International Union of Operating Engineers, AFL-CIO, filed a lawsuit on Dec. 18, 2015, in the Northern District of California District Court against Mass X Inc. and Jennifer Michelle Foster.

According to the suit, the defendants failed and refused to pay contributions they reported as due for work preformed by their employees between September 2015 and October 2015. The plaintiffs are also entitled to recover any and all other contributions and all liquidated damages and interest found through timecards, audits or estimated contributions.

The plaintiffs are seeking for payment of delinquent contributions, interest, liquidated damages, attorneys’ fees and cost against the defendants. Michele R. Stafford and Timothy A. Froehle of Saltzman and Johnson Law Corporation of San Francisco will represent the plaintiffs.

Northern District of California District Court Case number: 315-cv-05813

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