Cape contractor accused of labor law violations waives hearing

The Cape Girardeau contractor accused of not paying two employees for their work during the Jackson High School addition project waived his right to a formal arraignment Tuesday.

Contractor Larry McElroy of Blackhawk Electric Co. will appear in Cape Girardeau County Circuit Court again Nov. 22. McElroy allegedly did not pay two employees for work completed on the project from December 2009 to February 2011, a Missouri Department of Labor news release said earlier this month.

McElroy owed more than $9,800 to the two workers, the release said. Division of Labor Standards investigator Jerry Wolsey found that McElroy not only failed to pay the proper wages to the workers, the contractor also failed to compensate the workers at all for the last month of work. Wolsey also discovered that McElroy improperly classified the two workers as independent contractors rather than employees to avoid paying taxes on their behalf, the release said.

Wolsey also alleges McElroy gave him false payrolls, the release said.

Calls to Wolsey were not returned Tuesday.

Cape Girardeau County Prosecuting Attorney Morley Swingle filed five counts of making a false declaration, a misdemeanor, against McElroy. Each count could result in a sentence of up to six months in jail and up to a $500 fine.

Zoellner Construction, the general contractor for the Jackson High School addition project, made full restitution to the workers.

Pertinent address:

315 S. Missouri St., Jackson, MO