SAN FRANCISCO – Several labor trust funds allege that a Marin County employer failed to submit an audit of its books and records, including benefit contributions to the labor group.
Board of trustees of the Bay Area Roofers Health & Welfare Trust Fund, Pacific Coast Roofers Pension Plan, East Bay/ North Bay Roofers Vacation Trust Fund, Bay Area Counties Roofing Industry Promotion Fund, Bay Area Counties Roofing Industry Apprenticeship Training Fund and Doug Ziegler filed a complaint on Aug. 4 in the U.S. District Court for the Northern District of California against Foley Waterproofing Corp. alleging violating of the Employee Retirement Income Security Act.
According to the complaint, the plaintiffs allege that they suffered damages as the result of unpaid contributions. The plaintiffs holds Foley Waterproofing Corp. responsible because the defendant allegedly failed to pay their monthly contributions on behalf of their employees to the labor groups in May and June and also failed to submit its contribution report for the same months.
The plaintiffs seek to grant its auditors access to all of the defendant's payroll and business records for the period of Oct. 1, 2013, to March 31; interest on all late contributions; unpaid contributions; liquidated damages; interest; all legal fees and any other relief as the court deems just. They are represented by Richard K. Grosboll and Lois H. Chang of Neyhart, Anderson, Flynn & Grosboll in San Francisco.
U.S. District Court for the Northern District of California Case number 4:16-cv-04402-KAW