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Attorney General Peter Kilmartin Announces Conviction of Johnston Flooring Contractor for Violating DLT Order to Pay More Than $1,400 in Unpaid Wages

Attorney General Peter F. Kilmartin announced today the conviction of a Johnston flooring contractor who violated a RI Department of Labor and Training (DLT) order to pay more than $1,400 in unpaid wages to a former employee.

John J. Hoegen, 34, with a last known address of 21 Maple Ave. in Johnston, pleaded nolo contendere on Friday, October 24, 2014, before Providence District Court Judge Christine S. Jabour to one count of violating RIGL 28-14-4, Payment on Separation by Employer, for violating a RI DLT order to pay $1,455 to his employee, Victor Mercado, for hours worked in August 2013.

"When people put in an honest day's work, they deserve to be paid for their labor. Failing to pay an employee for work performed is illegal and immoral, and will not be tolerated by my office," said Attorney General Peter Kilmartin. "This is one more example of the justice we have been successful in getting for victims through the partnership between my office and DLT."

"One of the Department of Labor and Training's most important jobs is protecting RI's workforce from unscrupulous employers," said DLT Director Charles J. Fogarty. "This defendant ignored a DLT order to pay withheld wages that were rightfully earned by his employee. I applaud the court for bringing this matter to a resolution and exacting justice for Mr. Mercado. This outcome is another example to Rhode Islanders of government agencies working together to deliver results."

Had the case proceeded to trial, the State was prepared to prove beyond a reasonable doubt that Hoegen, owner of United Flooring Contractors LLC, failed to pay $1,455 to his employee, Victor Mercado, for hours he worked in August 2013. Mr. Mercado filed a complaint with DLT's Labor Standards Unit.

A hearing was held on June 6, 2014, resulting in a decision ordering Hoegen to pay the wages. When Hoegen failed to comply with the Order, Helen Gage, chief of DLT's Labor Standards Unit, referred the case to the Office of Attorney General for criminal prosecution. Investigator John Rabbit investigated the matter and Special Assistant Attorney Genevieve Allaire Johnson prosecuted the case on behalf of the State.

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