ST. LOUIS — A board of trustees is suing a painting and paper hanging business, citing alleged violation of workers' compensation acts.

Illinois State Painters Welfare Fund, by and through its board of trustees filed a complaint on May 25 in the U.S. District Court for the Eastern District of Missouri Eastern Division against Karl Painting Inc. 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 monetary contributions to the welfare fund under an agreement and ERISA. This is allegedly due to missing reports showing specified hourly rates related to hours worked by its employees and contributions at the rate and manner specified in the collective bargaining agreement and trust documents. 

The plaintiffs hold Karl Painting responsible because the defendant 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 an order awarding the welfare fund $1,183.65 in delinquent fringe benefit contributions, liquidated damages, prejudgment interest, audit costs, attorneys' fees and such other further relief as the court deems proper. They are represented by James R. Kimmey of Cavanagh and O'Hara LLP in Edwardsville, Illinois.

U.S. District Court for the Eastern District of Missouri Eastern Division case number 4:17-cv-01564

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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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