California Attorney General Jerry Brown has sued PacifiStaff, a
Southern California staffing company, charging that the firm has helped building
contractors avoid paying workers compensation insurance.
In his suit, Brown accuses Anaheim, California-based PacifiStaff of training
construction companies to violate California workers compensation laws with the
use of “fake corporations with phantom executives.”
Brown filed a similar lawsuit against Los Angeles drywall company
Brinas Corp. In that suit, Brown alleges that the company exploited employees,
engaged in unfair business practices and violated workers protections.
In the new complaint, filed in Orange County Superior Court, Brown charges
that PacifiStaff showed construction companies how to evade workers compensation
costs by “exploiting a legal exemption intended to only exempt the owners of
small (private companies) from the costs of paying workers compensation coverage
for themselves.”
“PacifiStaff developed a sophisticated scheme whereby companies would fire
their workers and rehire them in fake corporations with phantom executives,”
Brown said in a statement. “These illegal maneuvers enabled construction
companies to avoid state laws, which require all employers to provide workers
compensation insurance.”
Brown said he is suing PacifiStaff under California’s Unfair Competition law
and will attempt to collect $2,500 per infraction for what could potentially be
thousands of cases involving individual workers.
PacifiStaff denies that the business model adopted by its clients in any way
“constitutes an unlawful or unfair business practice violation.”
In a statement, PacifiStaff explained that employers that adopt their
business model do not “seek to avoid their obligation to provide meaningful
benefits to their workers,” adding that Californians have “benefited” from their
business model.
Brown said undercover investigators attended a PacifiStaff sales meeting
where representatives pitched the scheme. The complaint charges that PacifiStaff
advised employers to appoint their entire workforce of manual workers as “sham
officers,” and issue each of them a “nominal share in the corporation, in order
to unlawfully claim the exemption for corporate officers or directors who are
also the sole shareholders of a (private company).”
The complaint contends that this leaves workers without the no-fault
protections of the workers compensation system and makes it more difficult for
other employers to competitively bid for contracts.
Filed by Jeff
Casale of Business Insurance, a sister publication of
Workforce Management.
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