Ernie Marugg, the deputy district attorney assigned to the case, says that the Mayer Roofing case is one of 10 such prosecutions of building contractors in San Diego County over the past three years.
Marugg says that the majority of the workers at the contracting companies are Hispanic. While Marugg has no hard facts, he says that it appears a number of them are undocumented workers. Marugg says that home builders will not be prosecuted in these cases. However, he did say that in discussions with the contractors, they contended that they are just one piece of the problem. Marugg states that many subs complain that the real problem is the home builders who knowingly hire subcontractors who don't provide insurance and other benefits. The subs contend that so long as builders hire the low bidder, it's impossible for companies that pay fair wages and benefits to compete.
What will happen next? A home builder in Alabama has been forced to pay workers' comp benefits and medical expenses for life to an undocumented worker employed by a subcontractor. Framing and roofing contractors are being prosecuted in San Diego County. It's just a matter of time before a home builder somewhere is tied to a serious workers' comp fraud case.
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