Noddy A. Fernandez May 4, 2017, 11:38am


ST. LOUIS — A board of trustees is suing the owner of concrete construction company, citing alleged violation of workers compensation acts.

Employers and Cement Masons #90 Health and Welfare Fund, Employers and Cement Masons #90 Pension Fund and Cement Masons Local #90, through its board of trustees, filed a complaint on May 3 in the U.S. District Court for the Eastern District of Missouri Eastern Division against Josh Albright, doing business as Albright Concrete, alleging that the defendant violated the Employee Retirement Income Security Act (ERISA).

According to the complaint, the plaintiffs allege that they have failed to receive an accurate amount owed to them by the defendant under an agreement and ERISA. This is allegedly due to missing reports showing the number of hours worked and contributions at the rate and manner specified in the collective bargaining agreement and trust documents. 

The plaintiffs holds the defendants because he allegedly failed and refused to submit complete and accurate reports, failed to make payment contributions and failed to submit all outstanding fringe benefits remittance reports.

The plaintiffs request a trial by jury and seek payment for liquidated damages in the amount of 20 percent of the contributions due, pre and post-judgment interest, attorney's fees, costs and such further relief as the court deems proper. They are represented by James R. Kimmey of Cavanagh & O'Hara LLP in Edwardsville, Illinois.

U.S. District Court for the Eastern District of Missouri Eastern Division Case number 4:17-cv-01424-CDP

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U.S. District Court for the Eastern District of Missouri Eastern Division
111 South 10th Street
St. Louis, MO 63102

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