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June 10, 2021 - Media, PA

Delaware County District Attorney and PA Attorney General Announce Wide Ranging Charges in an Unlawful Labor Practices Investigation

District Attorney Jack Stollsteimer was joined by PA Attorney General Josh Shapiro to announce the filing of criminal charges in an Unlawful Labor Practices Investigation. Business partners Brian McGarrity, 40, of Havertown and Christopher Flanagan, 45, of Upper Darby, have been charged with multiple counts of Workplace Misclassification, Making False Statements, Theft, Receiving Stolen Property, Deceptive Business Practices, Insurance Fraud, Worker's Compensation Fraud [Falsification to Authorities], and related charges in connection with their roles operating an enterprise known as Mid Ulster Construction, LLC. This Havertown-based business was active on construction projects throughout Delaware County and the tri-state area, including the Media Townhouse restaurant and the Tri-State Mall. In obtaining workers for these projects, the enterprise ignored state and federal employment regulations and misclassified the workers as independent subcontractors in violation of Pennsylvania's Act 72, the Construction Misclassification Act of 2010. Two of those misclassified workers were critically injured in a construction accident and, as a result of the defendants' criminal actions, are distinctly disadvantaged as compared to if they'd been properly classified and employed by an enterprise compliant with workplace regulations.

"Misclassification is one of the top concerns I hear from working Pennsylvanians, and when we see cases like this, we know why," said Attorney General Shapiro. "When contractors misclassify workers, they are stealing on the hour, every hour. I commend District Attorney Stollsteimer for his partnership, and for giving these cases the attention they deserve. Partnerships like these are why my office, for the first time in Pennsylvania history, has been able to investigate and hold companies who cheat Pennsylvania workers criminally accountable - and there will be more to come."