Labor Department 'Recovers' $1.6M in Owed Wages from Southington Company

SOUTHINGTON, CT — The Connecticut Department of Labor has recovered $1.6 million in "owed wages" for 121 employees of a Southington fire protection company, labor officials said on Tuesday. The recovery was the result of an investigation that resulted from an employee complaint against the Plantsville company, officials said.

The Labor Department Wage and Workplace Standards Division determined that Michael Uszakiewicz, the owner of K & M Fire Protection Service LLC, illegally classified his employees as vendors when providing payment for any work time exceeding 40 hours.

The classification allowed Uszakiewicz to avoid providing legally-required overtime, and he paid significantly lower amounts for workers’ compensation, unemployment taxes, and state and federal taxes, labor officials said.

According to Labor Commissioner Scott D. Jackson, following the employee complaint, the agency’s
wage division conducted an audit encompassing a two-year period. It was determined that each
employee was owed an average of $14,500 for the overtime hours he or she worked while incorrectly
classified as vendors, he said.

“While many of Connecticut’s employers play by the rules and pay their employees properly, this is one
example where a company took advantage of its workers, as well as state and federal requirements,”
Jackson said. “In these cases, failure to pay the appropriate wages, taxes, and workers’ compensation
hurts not only the employees, but also undercuts law abiding businesses that do follow the laws.”

Wage and Workplace Standards Director Resa Spaziani said that, under state law, the wage violations are classified as felony actions that could require Uszakiewicz spend up to five years in prison.

"However, our focus has been to provide the employees with the wages they rightfully earned, ensure the company is paying its fair share of taxes, and make sure the workers have adequate workers’ compensation protection," Spaziani said. “Everyone deserves to be paid for the work they do and non-payment of overtime can be treated as a criminal issue.”

Photo Credit: CT Labor Dept.