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NORTHERN CALIFORNIA RECORD

Friday, March 29, 2024

Laborers trust fund sues employer over alleged violation of ERISA

Labor

CALIFORNIA — The Board of Trustees for the Laborers of Northern California are suing an employer, citing alleged breach of duty, failure to uphold Americans with Disabilities Act regulations, violation of the Family and Medical Leave Act and violation of workers compensation acts.

The Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California; the Board of Trustees of the Laborers Vacation-Holiday Trust Fund for Northern California; the Board of Trustees of the Laborers Pension Trust Fund for Northern California, and the Board of Trustees of the Laborers Training and Retraining Trust Fund for Northern California filed a complaint on March 16, in the U.S. District Court Northern District of California against Robert Ross Hazard, doing business as Hazard Concrete Construction, alleging that they wrongfully failed to pay monthly contributions to the trust fund.

According to the complaint, the plaintiffs suffered damages for unpaid contributions. The plaintiff holds the defendants responsible because he allegedly agreed to pay contributions to the trust fund on behalf of his employees by virtue of his master agreement with the plaintiff, but for four years the defendant reported but failed to pay the monthly contributions on behalf of his employees.

The plaintiffs seek compensation for all damages, unpaid contributions in the amount of $17,832.96 plus interest, $150 for each month the defendant failed to pay the contributions, all legal fees and any other relief as the court deems just and proper. They are represented by Ronald L. Richman and Heather J. Zacharia of Bullivant Houser Bailey PC in San Francisco.

U.S. District Court Northern District of California Case number 15940930.1

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