SAN FRANCISCO – The Northern California District Council of Laborers has filed suit to obtain an audit from an employer.
The board of trustees, in their capacities as trustees of the Laborers Health and Welfare Trust Fund for Northern California; Laborers Vacation-Holiday Trust Fund for Northern California; Laborers Pension Trust Fund for Northern California and Laborers Training and Retraining Trust Fund for Northern California filed a complaint on Aug. 8 in the U.S. District Court for the Northern District of California against American Clover Construction alleging violation of the Employee Retirement Income Security Act and the Labor Management Relations Act.
According to the complaint, the plaintiffs allege that they requested that the defendant submit to an audit in June to determine whether it has made prompt and correct payment of contributions, but the defendant has failed or refused to allow the audit.
The plaintiffs seek require the defendant to submit to a full audit, actual damages, all legal fees and interest, and any other relief as the court deems just. They are represented by Barry E. Hinkle, Concepcion E. Lozano-Batista and Tracy L. Mainguy of Weinberg, Roger & Rosenfeld in Alameda.
U.S. District Court for the Northern District of California Case number 3:16-cv-04450-MEJ