SAN FRANCISCO – An employer is alleged to have not paid contributions or permitted an audit of its payroll per a bargaining agreement between it and a union.
District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund et al. filed a complaint on Jan. 17 in the U.S. District Court for the Northern District of California against Floor Seal Technology Inc. alleging violation of the Employee Retirement Income Security Act.
According to the complaint, the plaintiffs allege that they have suffered monetary losses as a result of defendant's untimely and delinquent payment of its contributions for the benefit of its employees pursuant to a collective bargaining agreement. The plaintiffs hold Floor Seal Technology Inc. responsible because the defendant allegedly failed and refused to comply with an audit of its payroll records, and failed to report and pay contributions due for work performed by its employees.
The plaintiffs request a trial by jury and seek judgment against defendant, unpaid contributions, liquidated damages, interest, attorneys' fees, costs of action, audit fees, enjoin defendants from further violation, and further relief as the court may deem just. They are represented by Michele R. Stafford and Matthew P. Minser of Saltzman & Johnson Law Corp. in San Francisco.
U.S. District Court for the Northern District of California Case number 3:17-cv-00226