First Employer Charged Beneath Misclassification Legislation Pleads Responsible| Employees Compensation Information

Friday, February 12, 2021 | 58 | 0 | min read

One in four people indicted in first-time enforcement of a 2011 Pennsylvania misclassification law pleaded guilty.

Armando Garcia-Ramirez, 55, owner of G&R Drywall and Framing, was charged with illegally classifying workers as independent contractors rather than employees. According to a report in the Daily Times, he was given a prison sentence, which could be extended to up to two years plus parole.

Delaware District Attorney Jack Stollsteimer said the man was charged under the Construction Job Misclassification Act, which was passed a decade ago but was never applied.

Garcia-Ramirez, his wife, daughter and another company employee were arrested last month after authorities received information about construction work at a fitness center. A G&R Drywall official told investigators that all workers are considered independent contractors, but she did not provide any documentation to support the claim.

Information on employee documents, including social security numbers, was also fraudulent, according to prosecutors.