SOUTHAMPTON, N.Y. — A Southampton contractor was charged Friday after he was accused of failing to pay prevailing wages to his employees, Suffolk County District Attorney Ray Tierney said.
Robert Terry, 65, was indicted on charges including willful failure to pay prevailing wages after he allegedly misclassified his employees' job categories on certified payrolls, resulting in about $83,694 in underpayments, the DA said.
According to the investigation, between March and August 2018, Terry was a contractor on the Davis Park Marina Improvement project, a public works contract that required the contractor to pay its workers the correct prevailing wage based on the duties they performed on the project. Tierney said.
In addition, he was responsible for completing certified payroll statements confirming that he was paying his employees the proper wages that were in effect while they worked on the project, the DA said.
Instead, Tierney is accused of classifying his employees below the “laborers” wage, which is lower than the “dock builders” wage, even though the workers were performing duties that required a higher wage, Tierney said.
And, although additional employees of Terry Contracting & Materials, Inc. worked as crane operators on the project were allegedly illegally omitted from certified payrolls, the DA said.
Upon investigation, the New York State Department of Labor found that Terry and his
The company owed the employees more than $80,000 for not paying them as dock builders, Tierney said.
On Friday, Terry and his company, Terry Contracting & Materials, Inc. were arraigned before Superior Court Judge Timothy P. Mazzei on charges including one count
Willful failure to pay applicable wages and benefits and first-degree falsification of a business record, both Class E felonies. and falsification of a professional register in the second degree, a
Class A misdemeanor, Tierney said.
Judge Mazzei ordered that Terry be released because his charges are
is considered eligible without bond under current New York State law, Tierney said.
Terry is due back in court on Jan. 23, 2025, and faces 1 1/3 to 4 years in prison if convicted of the top charge, the DA said.
He is represented by Michael Cornacchia. Cornacchia could not immediately be reached for comment.
“This defendant allegedly pocketed money that would have gone to his workers and their families,” Tierney said. “We will not allow unscrupulous business owners to get rich by cheating workers out of their legally mandated wages on taxpayer-funded projects.”
