Some might consider James Bodrato a modern-day Don Quixote. But for this latter-day man of LaMancha, his windmills are “contractors who use independent contractors instead of salaried workers.”
Bodrato is a former business representative for the International Brotherhood of Electrical Workers Local 363 and is the new executive director of the Construction Contractors Association (CCA) of the Hudson Valley, replacing Richard O”™Beirne, who retired this year after 25 years.
“They get a 1099 form at the end of the job; they are done and gone,” said Bodrato of independents. Unlike regular employees, independent contractors usually receive less compensation than their salaried counterparts and receive no benefits; nor do their bosses pay anything into the state”™s coffers for workers”™ protection ”“ “or ultimately, to the people of the state of New York.”
For example: “Take one independent contractor. Pay him the least amount you can, and don”™t pay anything into his Social Security, federal and local taxes or his disability ”¦ and multiply that out by hundreds of thousands of people who are working under these conditions. This is a serious problem for the quality contractors in our industry who don”™t work that way. It is also a problem with contractors who use illegal workers to get around paying their fair share. We are having Social Security, Medicare and health-care crises and this is directly contributing to the problem.
“The number of people out investigating unfair labor and wage practices is practically nil,” continued Bodrato. “This is a problem that Pataki tried to deal with, and now Spitzer”™s administration is working to resolve this. The millions it is costing New Yorkers ”“ money that would go to Social Security, workers”™ compensation and Medicare ”“ can”™t be underestimated or ignored.
It”™s no surprise New York is in financial distress.”
In addition to calling attention to union workers losing jobs to impendent contractors, Bodrato is campaigning to “rebrand the CCA so we become synonymous with ”˜responsible contractor.”™ If you use one of our members, you can be confident you are getting the best job at the best price ”¦ and that their laborers are licensed, being paid a decent wage and that the contractors are paying into the system.” Bodrato doesn”™t seem to have any problems getting into lawmakers”™ faces to make his point, either. He was fresh off a trip to Albany doing just that.
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“Our labor and wage investigation unit is so understaffed, it”™s dismal,” said Bodrato. “This problem is not new. Spitzer and the new head of the Department of Labor, Patricia Smith, are committed to trying to remedy this situation. But it”™s up to contractors ”“ and to ordinary taxpayers ”“ to get in their legislators”™ faces and let them know it”™s time to do something about this situation.”
It”™s no windmill for Bodrato, who says he”™s got the energy and the drive to make it happen in the five-county area the CCA covers. He offered kudos to Rockland County, “where every trade has to be licensed and there are code enforcement officers to make sure jobs are being done right. I”™d like to see those practices come to the rest of the territory we cover ”“ Ulster, Dutchess, Orange and Sullivan. The Orange and Sullivan County partnerships, the economic development corporations in these counties, have been great and are working with us, but more needs to be done to eliminate this practice.
“A company like IBM doesn”™t fool around,” he said. “They come directly to us because they know they are going to get quality and responsible contractors. That”™s what we are working toward, not just for the IBMs but for all who have a job for bid. We want to be known as the ”˜responsible”™ contractors to the general public, the ones who aren”™t going to disappear when the job is done and who will get the job done right and on time.”
While not taking on Albany, Bodrato is working to bring 21st-century technology into the bidding process. Right now, he”™s shopping for software that will allow CCA to download plans and specifications. A new electronic plan room, where drawings and specs can be accessed by computer, is the goal. “We”™re looking at various software applications. And, yes, the contractor would have to have compatible software and hardware to be able to access the system and download the drawings or specifications, but it”™s the way to go. It will save time and money. It is a timesaver for the contractor, who can go directly to the page and plans applicable to them.”
Representing nearly 200 contractors, CCA”™s Bodrato, 44, says “bidding a job against an irresponsible contractor is taking jobs away from responsible contractors. In the long run, you”™ll find that the irresponsible contractor ends up costing more, even though their bid is less. Government needs to find a way to monitor this. It”™s killing our industry.
“Misclassified workers ”“ those who work for one person, go to work there every day and essentially perform the duties of a salaried employee ”“ are a disservice to the community and ultimately to themselves. They aren”™t protected, and if they are hurt on the job, who”™s responsible for it? At the end of the day, we are. Will there be Social Security there for me when I retire? I don”™t think so but I hope lawmakers in Albany will work to fix the system.”
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