Disappointing results from federal Payroll Protection
Program
By
Will Collette
Shelter Harbor golf course, one of the largest recipients of federal pandemic aid to small businesses in Charlestown |
Largely
written by the Democratic-controlled House of Representatives and grudgingly
accepted by Senate Republicans, the CARES Act was designed to provide
desperately needed relief to individuals and small businesses imperiled by the
economic crash caused by the pandemic.
Over
600,000 PPP loan-grants were issued. Borrowers were assured the loans would be
forgiven if they met the terms of the loan, mainly by retaining workers and
jobs the PPP money was supposed to help.
Nationally, PPP was a mess – there wasn’t enough money and ran out quickly. A lot of that money went to big companies, businesses with shady records or connections to the Trump family as my Washington friend and colleague Phil Mattera of Good Jobs First details in the article below my local reporting on PPP in Charlestown.
It
took a while to get the Trump administration to release the names of the
recipients of PPP funding. In fact, that fight is on-going since Trump only
reluctantly agreed to release the names of businesses that received $150,000 or
more.
In
Rhode Island, 2,453
companies were on that list. Among the biggest employers in the state to
receive major PPP funding are Brown University, Taco Inc., KVH Industries,
Moses Brown School, the Pawtucket Red Sox who are leaving Rhode Island to go to
Worcester, the Foxy Lady strip club and Rhode Island Public Radio.
Only
10 employers in Charlestown received PPP funds. These include:
In
the range of $150,000 to 350,000:
- Construction contractor C & C Investments with 14 employees;
- Larlham Landscape with 18 employees;
- Ocean House Marina with 25 employees;
- Stedman and Kazounis plumbers with 23 employees;
- H.D. Randall real estate with 23 employees;
- RMJC LLC, the legal name for Ray Mott’s Mott Chace Sotherbys Realty, with 17 employees;
- Charlestown Rathskeller with 65 employees and
- The Nordic Lodge with 54 employees.
Only
two Charlestown employers received funds in the PPP’s next category, the
$350,000 to $1 million range:
- Arrowhead Dental with 71 employees and
- Shelter Harbor golf course with 60 employees.
Many of these Charlestown businesses are well-known and for the
most part well-respected. I hope they have been able to use the funding to keep
going and of course, to “protect paychecks” for their workers.
But I wonder why there aren’t more
Charlestown recipients. Yes, Charlestown is small, but only 10 PPP payouts out
of almost 2500 statewide is ridiculous.
I suggest Charlestown’s Town Council or at least its
Economic Improvement Commission should look into why such a low participation
rate and what steps the town should undertake to save jobs and small businesses
in Charlestown.
Charlestown's unemployment rate for May, the latest numbers available, show 16% unemployment. In addition to an unprecedented high unemployment rate, the state's data also shows that around 10% of Charlestown's work force has dropped out of the labor market since March.
Now here is Phil Matera’s review of PPP at the national level.
Charlestown's unemployment rate for May, the latest numbers available, show 16% unemployment. In addition to an unprecedented high unemployment rate, the state's data also shows that around 10% of Charlestown's work force has dropped out of the labor market since March.
Now here is Phil Matera’s review of PPP at the national level.
The
Trump Administration’s reluctant disclosure of the names of more than 600,000
recipients of Paycheck Protection Program aid has shown that many of the loans
went to firms that are well-connected and that otherwise don’t fit the image of
mom-and-pop businesses we were led to believe would be the main beneficiaries.
There
is another problem: many of the recipients previously engaged in behavior that
amounts to paycheck endangerment. They failed to comply with minimum wage
and/or overtime requirements and thus paid their workers less than what they
were owed. In other words, they engaged in wage theft.
This
comes from an analysis of data my colleagues and I have collected for the Covid
Stimulus Watch and Violation
Tracker databases. That includes the big PPP dataset and
information on penalties imposed by the Labor Department’s Wage and Hour
Division, one of the many agencies whose enforcement data can be found in
Violation Tracker.
We
are in the process of determining which PPP recipients are on the list of wage
and hour violators, so we can highlight that in Covid Stimulus Watch along with
other corporate accountability data.
As a first step, I looked at the 4,800 companies identified as receiving the largest PPP loans–$5 million to $10 million. So far, I have found 88 of those recipients that paid wage theft penalties since 2010. Their penalties averaged about $100,000—which is roughly double the amount paid in back pay and fines in a typical wage and hour case.
The
largest wage theft penalty I’ve found for a PPP recipient is the $1.9 million
paid by Hutco Inc., a marine and shipyard staffing agency based in Louisiana.
In announcing the penalty, the U.S.
Department of Labor said the company had utilized improper pay and
record-keeping practices, resulting in “systemic overtime violations” affecting
more than 2,000 workers.
PPP
recipient National Food Corporation, a major egg producer, paid $435,000 in penalties for wage
and hour violations at its operations in Washington State. The company
also paid $650,000 to settle a sexual
harassment lawsuit filed by the Equal Employment Opportunity Commission.
Hearth
Management, a PPP recipient that manages assisted living facilities in four
states, paid a total of $383,000 in wage theft
penalties at several locations. At a facility in Tennessee, the Labor
Department reported that the company made
deductions from timecards for meal breaks even when employees worked through
those breaks, and it failed to include on-call and other non-discretionary
supplements when calculating overtime rates.
Other
PPP recipients with substantial wage theft penalties include the
publisher O’Reilly Media, the electronics
company Sierra Circuits, the restaurant chain Legal Sea Foods, and Erie County Medical Center in Buffalo,
New York, which has also been penalized for overbilling Medicaid.
Apart from the PPP money, the Erie County Medical Center has received more than $75 million in
grants and loans from other federal programs related to covid relief.
We
will undoubtedly find many more companies with similar track records as we analyze
the other hundreds of thousands of PPP recipients.
It
was not illegal for employers with a history of wage theft penalties to apply
for and receive PPP assistance, yet the presence of these companies in the
recipient list points to dual risks.
First,
there is the possibility that these firms will “cook the books” when it comes
to reporting on their use of PPP funds and submitting their requests to have
the loans forgiven.
Second, these firms may feel that the current economic crisis will give them cover for returning to their old practices of wage theft. At a time of massive unemployment, these firms may assume that workers will not dare to complain about being shortchanged on their pay.
Second, these firms may feel that the current economic crisis will give them cover for returning to their old practices of wage theft. At a time of massive unemployment, these firms may assume that workers will not dare to complain about being shortchanged on their pay.
For
these reasons, PPP employers with a history of wage theft penalties should be
subject to additional scrutiny both by the Wage and Hour Division and the Small
Business Administration.
Paycheck protection must mean not only the preservation of jobs but also the defense of fair labor standards.
Paycheck protection must mean not only the preservation of jobs but also the defense of fair labor standards.