Contractor charged with wage violation

INDIANAPOLIS (WISH) - The Marion County Prosecutor’s Office has filed charges against an Indianapolis contractor for violating the Indiana Common Wage statute.

Marion County Prosecutor Terry Curry said in a Friday release that David Roark and his company, D. Roark Drywall CCD, LLC, has been charged with five counts of common construction wage violation, a Class B Misdemeanor; two counts of Forgery, a Class C felony; and one count of theft, a Class D felony. An initial hearing on the charges is expected to take place early next week.

"Today we again send the message that we will enforce the Common Wage law in Marion County," Curry said in a release. "Contractors who undercut the Common Wage law are taking advantage of their employees, their peers, and the public by not paying their workers the amount that is required and set by law. At the same time, they are competing unfairly against those companies who play by the rules and pay their employees the correct and fair wage they are owed."

The charges stem from an April investigation where Roark allegedly underpaid employees during an Indianapolis Housing Authority project. Roark was awarded a $417,607 subcontract in 2010 for work at Barton Towers.

According to the probable cause affidavit, the projects general contract confronted Roark for not paying the required wages to his employees. He also allegedly showed bogus checks that showed restitution of back wages owed to the employees. He allegedly made arrangements to pay two employees in cash if they provided him with restitution money but the amount was significantly less than the amount owed under the Common Wage statute.

The affidavit says the hourly wage set under the Indiana Common Wage law is $39.91 but Roark allegedly paid as little as $10 an hour for work on the project.