EAST ST. LOUIS - A company is being sued for allegedly failing to make benefits contribution payments.
Central Laborers’ Pension, Welfare & Annuity Funds filed a federal lawsuit on Feb. 28 in the U.S District Court for the Southern District of Illinois against CR Vernier, LLC and Charles Richard Vernier, alleging violation of the Employee Retirement Income Security Act (ERISA) of 1974.
According to the lawsuit, CR Vernier, LLC is an employer as defined under ERISA after executing an agreement on August 5, 2003, thereby binding the defendants to pay contributions for employees. Between August 2003 through the present, the defendant allegedly requested various Local Labor Unions employees for various construction projects. As a result, the defendant was obligated to make fringe benefit contributions, which it allegedly failed to pay.
An audit of the defendant’s payroll records and books was also conducted for the time period of Jan. 1, 2015, to June 30, 2019, revealing delinquent contributions totaling $891.20. The suit states that the defendant is also responsible for liquidated damages, the audit cost and additional amount per the agreement signed by both parties. The plaintiff claims the defendant owes an additional $1,610.44 for liquidated damages and $2,501.64 for the audit.
The plaintiff seeks an order requiring the defendant to pay costs owed, requiring the defendant to submit all delinquent monthly contribution reports, plus court costs and attorney fees. The plaintiff is represented by Thomas R. Kelley of Kelly & Kelley LLC in Belleville.
U.S. District Court for the Southern District of Illinois case number 3:22-cv-00365-NJR