Sentencing on tap for contractor guilty of violating labor laws
CONCORD – The sentencing hearing in the case of Nashua-based painting contractor Kevin Corriveau, who pleaded guilty four months ago to directing his employees to not report worked overtime hours on their payroll records, has been rescheduled to April 30, according to a filing at U.S. District Court.
Initially scheduled for March 26, the hearing was continued by order of Judge Paul J. Barbadoro, who granted the continuance motion to which both parties assented.
The hearing is scheduled to start at 10 a.m., and is expected to last about an hour. Barbadoro told the parties they must file any additional motions, including sentencing memorandums, at least 10 days before the hearing, with any responses to be filed four days before the hearing.
Corriveau, a longtime Nashua resident who founded Corriveau Painting and Contracting in 1997, and hired his brother, Brian, three years later, pleaded guilty in December to one count of obstruction of justice, in what federal officials said is believed to be New Hampshire’s first federal criminal prosecution stemming from a U.S. Department of Labor wage and hour investigation.
A U.S. District Court spokesman said at the time of Corriveau’s guilty plea that he “admitted that he caused an employee of his company to provide false information in 2009 and 2011 to investigators from the Department’s Wage and Hour Division.”
The information involved the extent of overtime hours worked by Corriveau’s employees during those time periods.
Officials said the investigation also determined that Corriveau, from 2007 through April 2011, had directed employees “to report only non-overtime work on payroll and time records,” in order to conceal violations of the federal Fair Labor Standards Act, according to the reports.
By 2013, with a civil suit pending against him, officials said Corriveau “knowingly created and provided Labor Department attorneys with fraudulent invoices, and an altered change order that falsely stated his employees did not work overtime” on a construction project in Needham, Mass.
The Department of Labor filed the civil suit in 2012, in which it sought, and secured, a preliminary injunction against Corriveau’s company to prevent “its officers and agents” from intimidating or retailiating against “current or former employees involved” in the federal investigation.
An amended complaint accused Corriveau, company vice president Brian Corriveau and treasurer Sharon Mercuri, the Corriveaus’ sister, of “willfully and repeatedly” violating federal wage laws by underpaying employees, Labor Department officials said.
The officials said that the department, in 2015, was granted a consent judgment that ordered the Corriveaus and Mercuri to pay $427,300 to 157 employees who were denied payment of overtime or were paid under the federal minimum wage.
They were also ordered to pay $10,000 in damages to a worker they reportedly retailiated against, officials said.
Dean Shalhoup can be reached at 594-1256, dshalhoup@nashuatelegraph.com or @Telegraph_DeanS.