Where the Attorney General’s Office has issued four citations, the petitioners have failed to prove by a preponderance of the evidence that the citations were erroneously issued, as the petitioners misclassified their employees as independent contractors, did not permit employees to earn and use sick time, did not keep accurate payroll records, and did not timely pay their employees.
“Petitioners (a company and one of its owners) had a subcontract with a company that had a contract to clean gyms. Petitioners paid cleaners based on the number of gyms they cleaned (not hourly) and paid them after petitioners received payment from the company that contracted with the gyms. Petitioners misclassified its employees (the cleaners) as independent contractors; did not permit employees to earn and use sick time; did not keep accurate payroll records; and did not pay its employees within six days after a one-week or two-week pay period, sometimes paying them two months after they worked. The Office of the Attorney General properly issued four citations for these offenses. …
“The petitioners, Diego Freitas and DILU, LLC, appeal the issuance of four citations against them by the Office of the Attorney General (OAG). …
“The burden is on the petitioners to prove by a preponderance of the evidence that the citations were erroneously issued. G.L.c. 149, §27C(b)(4). They have not done so. …
“The Office of Attorney General properly issued four citations against the petitioners. The...
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