EAST ST. LOUIS - A concrete business is being sued for allegedly failing to pay delinquent benefits contributions.
Employers and Cement Masons #90 Health and Welfare Fund and Employers and Cement Masons #90 Pension Fund, by and through its Board of Trustees, filed a federal lawsuit in the U.S. District Court for the Southern District of Illinois against Mudcreek Concrete LLC, alleging delinquent fringe benefit contributions.
According to the lawsuit, the plaintiffs received paycheck stubs from certain defendant employees and the paycheck stubs demonstrates Mudcreek became delinquent in the amount of at least $6,241.91 during the period of August 2020 through August 2021. The plaintiffs allege the defendant still owes funds of at least $5,840.33 and the defendant is liable for liquidated damages in the amount of 20 percent of contributions due plus additional outstanding liquidated damages in the amount of at least $1,709.68.
The plaintiffs seek temporary, preliminary, and permanent injunctive relief requiring Mudcreek to immediately submit all outstanding remittance reports; delinquent fringe benefit contributions in the amount of at least $5,840.33, or a different and greater amount; an award in the amount of $1,709.68, or a different and greater amount; plus pre-judgment interest; post-judgment interest, attorney fees and cost of suit. They are represented by James R. Kimmey of Edwardsville.
U.S. District Court for the Southern District of Illinois case number 22-cv-00339-RJD