By Martin C. Fojas
V&A’s Marty Fojas and Nicole Marimon win a favorable judgment holding High Performance Floors and HPF liable for more than $1 million for unpaid benefit contributions, interest, liquidated damages, audit fees, and legal fees.

In October 2016, V&A’s Marty Fojas and Nicole Marimon conducted a trial in federal court in Brooklyn, New York against employers High Performance Floors, Inc. and HPF, Inc. – both New Jersey flooring contractors.  V&A sought to hold the employers liable as alter egos and as a single employer for their failure to pay workers’ benefit contributions to various benefit funds for the Bricklayers and Allied Craftworkers Local 7 of New York and New Jersey.  The employers denied that they were alter egos or that they operated as a single employer, arguing that they had separate ownership, performed different types of work, operated out of separate locations, and maintained separate assets.  V&A presented evidence that the employers were in fact closely related, that they were created and controlled by the same person, had a common business purpose, and that they shared operations, assets, equipment, customers, and employees. 

In February 2017, a federal court judge issued a verdict in V&A’s favor, finding that High Performance Floors and HPF were liable to the benefit funds as alter egos and that they operated as a single employer.  The judge ordered a second trial to proceed to determine the amount of damages owed by High Performance Floors and HPF. 

In July 2017, Mr. Fojas and Ms. Marimon conducted a second trial on the issue of damages.  V&A presented evidence showing the amount and extent of work performed by employees of High Performance Floors and HPF and the amount of contributions owed to the benefit funds for the work performed.  The employers denied liability, arguing that the work performed was not covered by Local 7’s collective bargaining agreement.  V&A argued – and the Court agreed – that because the employers failed to keep adequate records showing the nature and amount of work performed by their employees, the burden shifted to the employers to disprove the damages sought by V&A. 

In January 12, 2018, the court issued a second judgment in V&A’s favor, holding High Performance Floors and HPF liable to the benefit funds for unpaid benefit contributions, interest, liquidated damages, audit fees, and legal fees of more than $1 million.  The action is titled Trs. Of the Mosaic & Terrazzo Welfare, Pension, Annuity & Vacation Funds v. High Performance Floors, Inc., No. 15-CV-2253 (E.D.N.Y. 2017). 

V&A has been assisting workers with legal issues for years. For more information, check out our previous victories.

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