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THE COMMONWEALTH OF MASSACHUSETTS

OFFICE OF THE ATTORNEY GENERAL


ONE A SHB URTON PLACE
BOSTON, MASSACHUSETTS 02] 08
MAURA HEALEY (6 17) 727-2200
A TIORNEY GENERAL www.mass.gov/ago

January 30, 2017

VIA E-MAIL ONLY

Jason Trahan
Investigative Producer
WFAA-TV
iptrahan@wfaa.com

Re: Your Public Records Request

Dear Mr. Trahan:

I write in response to your public records request received on January 26, 2017 and made
pursuant to the Massachusetts public records law, G.L. c. 66, 10. In an e-mail to Emalie
Gainey in our Press Office, you requested copies of records held by the Office of the Attorney
General (AGO), specifically "the complaints you all have received" against the companies
referenced in your January 24, 2017 e-mail, the relevant portions of which are reproduced below:

We're researching a company called Iowa Pacific Holdings. They operate railroads
across the country, including in Massachusetts.

We've been told that numerous former employees the Cape Cod Central Railroad and
Massachusetts Coastal Railroad, which are operated by Cape Rail Inc., which in turn is
owned by Iowa Pacific Holdings out of Chicago, have filed complaints with the
Massachusetts Attorney General's office in the past few weeks over how they were
treated when they were terminated, i.e., wages unpaid, etc.

We have enclosed thirty-nine (39) pages of records that may be responsive to your
request and are subject to disclosure under the public records law, G.L. c. 66, 10 and G.L. c. 4,
7, cl. 26. Identifying information pertaining to complainants has been redacted from the
records in accordance with G.L. c. 4, 7, cl. 26(c) insofar as the disclosure of such information
may constitute an unwarranted invasion of personal privacy. See also 940 CMR 11.04(1).

The public records law permits a custodian of public records to charge requesters for
certain costs associated with responding to public records requests. See G.L. c. 66, lO(d); and
950 CMR 32.07. Further, G.L. c. 66, lO(d)(ii)(B) provides that no fees shall be charged for the
first 4.0 hours of labor required to respond to a request. As only 2.0 hours of chargeable labor
were required to respond to this request, there are no fee fees to be paid in this instance.

0
Jason Trahan
January 30, 2017
page 2

You have the right to appeal this response to the Supervisor of Records pursuant to
G.L. c. 66, 1OA(a), and to seek judicial review of an unfavorable decision by commencing a
civil action in the superior court under G.L. c. 66, lOA(c).

Very truly yours,

David Altman
Paralegal
General Counsel's Office
(617) 963-2089

enclosures

cc: Emalie Gainey, Senior Deputy Press Secretary


Non-Payment of Wage and Workplace Complaint Form
Office of the Attorney General
Fair Labor Division
One Ashburton Place
Boston, MA 02108

Employee Information
Name:

Employer Information
Company Name: Mass Coastal Railroad
-
Address: 3065 Cranberry Highway
City: Wareham State: MA Zip: 02571
Phone: 508-291-2116 Ext:
Other Business Name:
Owner's Name:
Address:
City: State: Zip:
Phone: License Plate:
Manager's Name: Number of Employees:

Employment Information
Start Date: 05/08/2016 End Date: 12/30/2016 Present: NO
Type of Work: Track Laborer
Currently Employed: Reason for Termination: Discharged
Signed Contract: NO Attorney Representation: NO
Assisted by Org.: NO
If Yes, Org. Info:
Asked for Wages: NO
If Yes, Employer's
Response:
Co-worker Contact
Information:
Other Action Agalnt
Employer: NO
If Yes, Action
Expranation:
Employer Retaliation: NO
If Yes, Action Against
Explanation:
Location of Work: Wareham
Reason for Filing Time Period of Violation
Minimum Wage: NO From: 12/23/2016 Present: NO
Noni)ayment: YES To: 12/30/2016
Vacation Pay: YES Rate of Pay: 14.20 I Hourly
Mear Period: NO Amount Owed: 1,430.65
Overtime Pav: NO
Sunday/OT/Holiday: NO
Child Labor: NO
Unpaid Commissions: NO
Tips: NO
Prevailing Wage: NO
Ind Contractor Misclass:
NO
Retaliation: NO
Domestic
Violence/Abusive
Situation Employment
Leave: NO
Earned Sick Leave: NO
Domestic Worker Law
Violation: NO
Pay-related disparity: NO

Other: NO
If Other:

Other Information:
I was laid off at the end of the monther and not paid for time worked or pto accrued

Review, sign and submit your


1. Review the confidentiality of your complaint: Under most circumstances, the text of your request will be
considered a public record and be available to any member of the public upon request In response to such a
request, w~ generally will not disclose your name, address. phone number. or any other information that identifies
you and will not disclose this form in response to any request that specifically seeks the request you submitted.
Your record in its entirety may. however, be disclosed to law enforcement and regulatory agencies who may assist
in resolving your request.
2. Read this important notice and sign your complaint. : I understand that when I submit this request for
assistance that the MAAttorney General's Office cannot give me legal advice and cannot act as my personal
lawyer. I also understand that the MA Attorney General's Office may need to foiward this request for assistance to
another agency for response.
Signed By: Date: 01/03/2017

Declaration Response: Yes


(Note: not required if filing anonymously) By filling in my name and checking this box, I certify that the
information I have provided is true and correct to the best of my knowledge, and that I adopt this as my online
signature.
Non-Payment of Wage and Workplace Complaint Form
Office of the Attorney General
Fair Labor Division
One Ashburton Place
Boston, MA 02108

Employee Information
Name:

Employer Information
Company Name: Iowa Pacific Holdings
Address: 118 S. Clinton Street {Suite400)
City: Chicago State: IL Zip: 60661
Phone: 312-348-6083 Ext:
Other Business Name:
Owner's Name: Ed Ellis
Address:
City: State: Zip:
Phone: License Plate:
Manager's Name: {GM) Number of Employees:

Employment Information
Start Date: 04/28/2008 End Date: 12/29/2016 Present: NO
Type of Work: Locomotive Engineer/Conductor.Tower Operator,Dispatcher,Employee in Charge

Currently Employed: Reason for Termination: Discharged


Signed Contract: NO Attorney Representation: NO
Assisted by Org.: NO
If Yes, Org. Info:
Asked for Wages: YES
If Yes, Employer's
Response: Contacted GM ( he sent me several e-mails stating he can't get through to IPH, he
says he will update me when he knows more, originally he said we would be paid the next day
(after termination) his last updated said we might get paid this Friday, but he doesn't know for
sure
Co-worker Contact
Information:
Other Action Againt
Employer: NO
If Yes, Action
Explanation:
Employer Retaliation: NO
If Yes, Action Against
Explanation:
Location of Work: various towns in Southern Massachusetts

Reason for Filing Time Period of Violation


Minimum Wage: NO From: 12/18/2016 Present: NO
Non-payment: YES To: 12/29/2016
Vacation Pay: YES Rate of Pay: 17.50 I Hourly
Meal Period: NO Amount Owed: 3438.31
Overtime Pay: NO
Sunday/OT/Holiday: NO
Child Labor: NO
Unpaid Commissions: NO
Tips: NO
Prevailing Wage: YES
Ind Contractor Misclass:
NO
Retaliation: NO
Domestic
Violence/Abusive
Situation Employment
Leave: NO
Earned Sick Leave: YES
Domestic Worker Law
Violation: NO
Pay-related disparity: NO

Other: NO
If Other:

Other Information:
All Employees call to office on Dec 29, 2016 for Mandatory meeting, (GM) announced to everyone
that just about everyone in the room was terminated as of now. He stated they were keeping a skeleton crew of
about 12 people to continue to operate the railroad. He said wages and (personal time off) owed to us should be
available the next day (Friday} and that when he got the checks , he would e-mail us to turn our gear/equipment in
and pick up our pay.
-updated us on Friday via e-mail that the checks were not overnighted to him as he had expected and that he
may get them on Saturday. with his e-mail was a copy of one from...-i saying no checks would be
available until next week, - emailed us again on Jan 3rd and said he has no updates on our checks and they
won't answer the phone at the IPH office, I attempted to call on her work phone and her cell phone and
got no answer on either one. The company also has a 401 K account in my name, which is not included in the total
amount they owe me

Review, sign and submit your


1. Review the confidentiality of your complaint: Under most circumstances, the text of your request will be
considered a public record and be available to any member of the public upon request. In response to such a
request, we generally will not disclose your name, address, phone number, or any other information that identifies
you and will not disclose this form in response to any request that specifically seeks the request you submitted.
Your record in its entirety may, however, be disclosed to law enforcement and regulatory agencies who may assist
in resolving your request.
2. Read this important notice and sign your complaint. ; I understand that when I submit this request for
assistance that the MA Attorney General's Office cannot give me legal advice and cannot act as my personal
lawyer. I also understand that the MA Attorney General's Office may need to forward this request for assistance to
another agency for response.

Declaration Response: Yes


(Note: not required if fifing anonymously) By filling in my name and checking this box, I certify that the
information I have provided is true and correct to the best of my knowledge, and that I adopt this as my online
signature.
Non-Payment of Wage and Workplace Complaint Form
Office of the Attorney General
Fair Labor Division
One Ashburton Place
Boston, MA 02108

Employee Information
Name:

Employer Information
Company Name: Iowa Pacific Holdings
-
Address: 118 S. Clinton St.
City: Chicago State: IL Zip: 60661
Phone: 312-348-6083 Ext:
Other Business Name:
Owner's Name:
Address:
City: State: Zip:
Phone: License Plate:
Manager's Name: ~ Number of Employees:

Employment Information
Start Date: 11/04/2014 End Date: 12/29/2016 Present: NO
Type of Work: Railroad engineer
Currently Employed: Reason for Termination: Discharged
Signed Contract: NO Attorney Representation: NO
Assisted by Org.: NO
If Yes, Org. Info:
Asked for Wages: NO
If Yes, Employer's
Response:
Co-worker Contact
Information:
Other Action Againt
Employer: NO
If Yes, Action
Explanation:
Employer Retaliation: NO
If Yes, Action Against
Explanation:
Location of Work: Rochester
Reason for Filing Time Period of Violation
Minimum Wage: NO From: 12/16/2016 Present: NO
Non-payment: YES To: 12/29/2016
Vacation Pay: YES Rate of Pay: 22.20 / Hourly
Meal Period: NO Amount Owed: 5951.87
Overtime Pay: NO
Sunday/OT/Holiday: NO
Child Labor: NO
Unpaid Commissions: NO
Tips: NO
Prevailing Wage: NO
Ind Contractor Misclass:
NO
Retaliation: NO
Domestic
Violence/Abusive
Situation Employment
Leave: NO
Earned Sick Leave: YES
Domestic Worker Law
Violation: NO
Pay-related disparity: NO

Other: NO
If Other:

Other Information:
I was notified by email from my immediate superior (Trainmaster} on 12/28/16 at 6:40PM to attend a mandatory
meeting at the railroad company office at 2:00 PM on 12/29/16. At that time I was informed that my service with the
company had been terminated. No final paycheck or payment of accured paid time off was made at the time of
separation. We were told that paychecks were scheduled to be delivered on 12/30/2016. on 12/30/2016 I received
another email from my Trainmaster informing us that the checks had not been cut and would not be received as
promised and would notify us by email if the checks were received on 12/31/16. I texted my Trainmaster after the
New Year holiday period on 1/3/16 and received a reply that no checks were be arriving. that day.

Amounts owed:
Paycheck 12/19-12/29/16 $1698.30
Unpaid Accrued Paid Time Off $4163.83
Unreimbursed expense $89.74
Total amount owed $5951.87

Review, sign and submit your


1. Review the confidentiality of your complaint: Under most circumstances, the text of your request will be
considered a public record and be available to any member of the public upon request. In response to such a
request, we generally will not disclose your name. address. phone number, or any other information that identifies
you and will not disclose this form in response to any request that specifically seeks the request you submitted.
Your record in its entirety may, however, be disclosed to law enforcement and regulatory agencies who may assist
in resolving your request.
2. Read this important notice and sign your complaint. : I understand that when I submit this request for
assistance that the MAAttorney General's Office cannot give me legal advice and cannot act as my personal
lawyer. I also understand that the MA Attorney General's Office may need to forward this request for assistance to
another agency for response.

Signed By: Oate: 01/03/2017

Declaration Response: Yes


(Note: not required if filing anonymously) By filling in my name and checking this box, I certify that the
information I have provided is true and correct to the best of my knowledge, and that I adopt this as my online
signature.
Non-Payment of Wage and Workplace Complaint Form
Office of the Attorney General
Fair Labor Division
One Ashburton Place
Boston, MA 02108

Employee Information
Name:-

Employer Information
-
Company Name: Iowa Pacific Holdings
Address: 118 South Clinton Street Suite 400
City: Chicago State: IL Zip: 60661
Phone: 312-348-6083 Ext:
Other Business Name:
Owner's Name:
Address:
City: State: Zip:
Phone: License Plate:
Manager's Name: Number of Employees:

Employment Information
Start Date: 10/31/2015 End Date: 11/29/2016 Present: NO
Type of Work: Machine Operator
Currently Employed: Reason for Termination:
Signed Contract: NO Attorney Representation: NO
Assisted by Org.: NO
If Yes, Org. Info:
Asked for Wages: YES
If Yes, Employer's
Response:
Co-worker Contact
Information:
Other Action Againt
Employer: NO
If Yes, Action
Explanation:
Employer Retaliation: NO
If Yes, Action Against
Explanation:
Location of Work: 312-348-6083
Reason for Filing Time Period of Violation
Minimum Wage: NO From: 12/19/2016 Present: NO
Non-payment: YES To: 12/29/2016
Vacation Pay: NO Rate of Pay: 22.05 / Hourly
Meal Period: NO Amount Owed: 3208.43
Overtime Pay: NO
Sunday/OT/Holiday: NO
Child Labor: NO
Unpaid Commissions: NO
Tips: NO
Prevailing Wage: NO
Ind Contractor Misclass:
NO
Retaliation: NO
Domestic
Violence/Abusive
Situation Employment
Leave: NO
Earned Sick Leave: NO
Domestic Worker Law
Violation: NO
Pay-related disparity: NO

Other: NO
If Other:

Other Information:
On the day of 12/29/16, the company issued an urgent meeting which included 3/~ of the company is getting laid off.
We were told that our final checks would be issued to us the following day but nothing came out of it. Another email
was sent and again the company responded that we will receive our checks the following week. I am owed 74.25 of
work hours I put in, which equals to $1,637.21 before taxes and my accrued sick time of 38.88 which equals to
$657.30 before taxes. I also have a health savings account with this company which I accrued $713.92. Hourly rate
is $22.05 as indicated above.

$1637.21 + $857.30 + $713.92= $3208.43 before taxes


Thank You .

Review, sign and submit your


1. Review the confidentiality of your complaint: Under most circumstances, the text of your request will be
considered a public record and be available to any member of the public upon request. In response to such a
request. we generally will not disclose your name, address, phone number, or any other information that identifies
you and will not disclose this form in response to any request that specifically seeks the request you submitted.
Your record in its entirety may, however. be disclosed to law enforcement and regulatory agencies who may assist
in resolving your request.
2. Read this important notice and sign your complaint. : I understand that when I submit this request for
assistance that the MA Attorney General's Office cannot give me legal advice and cannot act as my personal
lawyer. I also understand that the MAAttorney General's Office may need to forward this request for assistance to
another agency for response

Signed By: Date: 12/31/2016

Declaration Response: Yes


(Note: not required if filing anonymously) By filling in my name and checking this box, I certify that the
information I have provided is true and correct to the best of my knowledge, and that I adopt this as my online
signature.
Non-Payment of Wage and Workplace Complaint Form
Office of the Attorney General
Fair Labor Division
One Ashburton Place
Boston, MA 02108

Employee Information

Name: -

Employer Information
Company Name: Iowa Pacific Holdings
Address : 118 S. Clinton Street Suite 400
City; Chicago, State: IL Zip : 60661
Phone : 312-348-6083 Ext:
Other Business Name: Mass Coastal RR
Owner's Name:
Address:
City: State: MA Zip:
Phone: 508-291-2116 License Plate:
Manager's Name: General Superil't~6biployees:

Employment Information
Start Date: 09/30/20 15 End Date: 12/29/2016 Present: NO
Type of Work: Maintain railroad crossing equipment
Currently Employed : Reason for Termination : Discharged
Signed Contract: NO Attorney Representation: NO
Assisted by Org .: NO
If Yes, Org . Info:
Asked for Wages: YES
If Yes, Employer's
Response: Sorry I missed your call. Final checks will not be ready until next week. You can distribute the
letters in the meantime.

Co-worker Contact
Information:
Other Action Againt
-
Thanks,

Employer: NO
If Yes, Action
Explanation:
Employer Retaliation: NO
If Yes, Action Against
Exp la nation:
Location of Work: 3065 Cranberry Highway E. Wareham. MA 02538

Reason for Filing Time Period of Violation


Minimum Wage: NO From: 12/18/2016 Present: NO
Non-payment: YES To: 12/29/2016
Vacation Pay: YES Rate of Pay: 25 / Hourly
Meal Period: NO Amount Owed: 2800
Overtime Pay: NO
Sunday/OT/Holiday: NO
Child Labor: NO
Unpaid Commissions: NO
Tips: NO
Prevailing Wage: NO
Ind Contractor Misclass:
NO
Retaliation: NO
Domestic
Violence/Abusive
Situation Employment
Leave: NO
Earned Sick Leave: YES
Domestic Worker Law
Violation: NO
Pay-related disparity; NO

Other: NO
If Other:

Other Information:
Was informed 12/29/16 that I was to be laid off, effective immediately. At that time I was told that my check that is
owed to me, with my PTO and regular pay will not be available for 1 week. Now I have been informed that it may not
be available next week, and they are not sure when it will be given to me.

Review, sign and submit your


1. Review the confidentiality of your complaint: Under most circumstances, the text of your request will be
considered a public record and be available to any member of the public upon request. In response to such a
request, we generally will not disclose your name, address, phone number, or any other information that identifies
you and will not disclose this form in response to any request that specifically seeks the request you submitted.
Your record in its entirety may, however, be disclosed to law enforcement and regulatory agencies who may assist
in resolving your request.
2. Read this important notice and sign your complaint.: I understand that when I submit this request for
assistance that the MA Attorney General's Office cannot give me legal advice and cannot act as my personal
lawyer. I also understand that the MA Attorney General's Office may need to forward this reques t for assistance to
another agency for response.
Declaration Response: Yes
(Note: not required if filing anonymously) By filling in my name and checking this box, I certify that the
information I have provided is true and correct to the best of my knowledge, and that I adopt this as my online
signature.
Non-Payment of Wage and Workplace Complaint Form
Office of the Attorney General
Fair Labor Division
One Ashburton Place
Boston, MA 02108

Employee Information
Name:

Employer Information
Company Name: Iowa Pacific Holdings
Address: 118 S. Clinton Street Suite 400
City: Chicago State: IL Zip: 60661
Phone: 312-348-6083 Ext:
Other Business Name:
Owner's Name:
Address:
City: State: Zip:
Phone: License Plate:
Manager's Name: ~ Iowa Pacific HR, Jb.n)'f,C!lfref Employees:

Employment Information
Start Date: 05/04/2016 End Date: 12/29/2016 Present: NO
Type of Work: Locomotive engineer and conductor
Currently Employed: Reason for Termination: Discharged
Signed Contract: NO Attorney Representation: NO
Assisted by Org.: NO
If Yes, Org. Info:
Asked for Wages: YES
If Yes, Employer's
Response: Checks will not be available until next week.
Co-worker Contact
Information:
Other Action Againt
Employer: NO
If Yes, Action
Explanation;
Employer Retaliation: NO
If Yes, Action Against
Explanation:
Location of Work: Barnstable, Sandwich, Bourne, Wareham and Rochester
Reason for Filing Time Period of Violation
Minimum Wage: NO From: 12/29/2016 Present: YES
Non-payment: YES To:_/_/__
Vacation Pay: NO Rate of Pay: 19.55 / Hourly
Meal Period: NO Amount Owed: 1536.55
Overtime Pay: NO
Sunday/OT/Holiday: NO
Child Labor: NO
Unpaid Commissions: NO
Tips: NO
Prevailing Wage: NO
Ind Contractor Misclass:
NO
Retaliation: NO
Domestic
Violence/Abusive
Situation Employment
Leave: NO
Earned Sick Leave: NO
Domestic Worker Law
Violation: NO
Pay-related disparity: NO

Other: YES
If Other: accrued PTO time non-paym

Other Information:
On Thursday, December 29. 2016, the railroad terminated me and 37 other employees. Our last checks were to be
available on Friday, December 30, 2016. On Friday, we along with our supervisor were informed that "Final checks
will not be ready until next week. You can distribute the letters in the meantime." When told that "That is not even
legal, what day next week are you looking at?" the answer to our supervisor, , from , Human
Resources at IPH was" I am aware and unfortunately it is out of my control. As soon as I have more information I
will pass it along. I am hopin~ ill give me a better answer on Tuesday." Tuesday will be January 3. 2017. It
is my understanding that final paychecks are due at termination.

Review, sign and submit your


1. Review the confidentiality of your complaint: Under most circumstances, the text of your request will be
considered a public record and be available to any member of the public upon request. In response to such a
request, we generally will not disclose your name, address, phone number, or any other information that identifies
you and will not disclose this form in response to any request that specifically seeks the request you submitted.
Your record in its entirety may, however, be disclosed to law enforcement and regulatory agencies who may assist
in resolving your request.
2. Read this important notice and sign your complaint.: I understand that when I submit this request for
assistance that the MA Attorney General's Office cannot give me legal advice and cannot act as my personal
lawyer. I also understand that the MAAttorney General's Office may need to forward this request for assistance to
another agency for response.
Signed By: Date: 12/30/2016

Declaration Response: Yes


{Note: not required if filing anonymously) By filling in my name and checking this box. I certify that the
information I have provided is true and correct to the best of my knowledge, and that I adopt this as my online
signature.
Non-Payment of Wage and Workplace Complaint Form
Office of the Attorney General
Fair Labor Division
One Ashburton Place
Boston, MA 02108

Employee Information

Name: -

Employer Information
Company Name: iowa pacific holdings
Address: 118 s. clinton street suite 400
City: chicago State: IL Zip: 60661
Phone: 312-348-6083 Ext:
Other Business Name:
Owner's Name:
Address:
City: State: Zip:
Phone: License Plate:
Manager's Name: Number of Employees:

Employment Information
Sta rt Date: 08/0712015 End Date: 12/29/2016 Present: NO
Type of Work: conductor
Currently Employed: Reason for Termination:
Signed Contract: NO Attorney Representation: NO
Assisted by Org.: NO
If Yes, Org. Info:
Asked for Wages: NO
If Yes, Employer's
Response:
Co-worker Contact
Information:
Other Action Againt
Employer: NO
If Yes, Action
Explanation:
Employer Retaliation: NO
If Yes, Action Against
Explanation:
Location of Work: onset
Reason for Filing Time Period of Violation
Minimum Wage: NO From: 12/29/2016 Present: YES
Non-payment: YES To:-'~--
Vacation Pay: NO Rate of Pay: 18.55 / Hourly
Meal Period: NO Amount Owed: 2226.00
Overtime Pay: NO
Sunday/OT/Holiday: NO
Child Labor: NO
Unpaid Commissions: NO
Tips: NO
Prevailing Wage: NO
Ind Contractor Misclass:
NO
Retaliation: NO
Domestic
Violence/Abusive
Situation Employment
Leave: NO
Earned Sick Leave: NO
Domestic Worker Law
Violation: NO
Pay-related disparity: NO

Other: NO
If Other:

Other Information:
was told the week before 12/23/2016 no more direct deposit and not to cash payroll check till after 430pm
this week called in on thursday 12/29/16 and layed off
told to get checks maybe tommorow
now told they dont know when

Review, sign and submit your


1. Review tile confidentiality of your complaint: Under most circumstances, the text of your request will be
considered a pubfic record and be available to any member of the public upon request. In response to such a
request, we generally will not disclose your name, address, phone number, or any other information that identifies
you and will not disclose this form in response to any request that specifically seeks the request you submitted.
Your record in its entirety may, however, be disclosed to law enforcement and regulatory agencies who may assist
in resolving your request.
2. Read this Important notice and sign your complaint. : I understand that when I submit this request for
assistance that the MA Attorney General's Office cannot give me legal advice and cannot act as my personal
lawyer. I also understand that the MAAttorney General's Office may need to forward this request for assistance to
another agency for response.
Declaration Response: Yes
(Note: not required if filing anonymously} By filling in my name and checking this box, I certify that the
information I have provided is true and correct to the best of my knowledge, and that I adopt this as my online
signature.
Non-Payment of Wage and Workplace Complaint Form
Office of the Attorney General
Fair Labor Division
One Ashburton Place
Boston, MA 02108

Employee Information
Name:

Employer Information
Company Name: Iowa Pacific Holdings
-
Address: 118 S. Clinton Street Suite 400
City: Chicago State: IL Zip: 60661
Phone: 312-348-6083 Ext:
Other Business Name:
Owner's Name:
Address:
City: State: Zip:
Phone: License Plate:
Manager's Name: Number of Employees:

Employment Information
Start Date: 10/07/2014 End Date: 12/29/2016 Present: NO
Type of Work: Track Laborer For Railroad
Currently Employed: Reason for Termination: Discharged
Signed Contract: NO Attorney Representation: NO
Assisted by Org.: NO
If Yes, Org. Info:
Asked for Wages: YES
If Yes, Employer's
Response: They told us that they are not even sure when they will be able to give us our last checks.
They are HOPING that it will be sometime next week. Although it should have been on
Thursday 12/29/2016 when we were all laid off.
Co-worker Contact
Information:
Other Action Againt
Employer: NO
If Yes, Action
Explanation:
Employer Retaliation: NO
If Yes, Action Against
Explanation:
Location of Work: Wareham, Fall River, New Bedford, Middleboro, Walpole, Framingham, Hyannis, etc
Reason for Filing Time Period of Violation
Minimum Wage: NO From: 12/29/2016 Present: YES
Non-payment: YES To:_/_/__
Vacation Pay: NO Rate of Pay: 16.50 / Hourly
Meal Period: NO Amount Owed: 900
Overtime Pay: NO
Sunday/OT/Holiday: NO
Child Labor: NO
Unpaid Commissions: NO
Tips: NO
Prevailing Wage: NO
Ind Contractor Misclass:
NO
Retaliation: NO
Domestic
Violence/Abusive
Situation Employment
Leave: NO
Earned Sick Leave: NO
Domestic Worker Law
Violation: NO
Pay-related disparity: NO

Other: NO
If Other:

Other Information:
Almost all of us were laid off on 12/29/2016 and they told us that we would be getting our last checks today
12/30/2016 but now they are telling us that they do not know when they will be able to get give us our last checks.
So they are violating the iaw of giving us our last checks at the time of termination and now they are saying that they
do not know when they will even be able to give us our last checks.

Review, sign and submit your


1. Review the confidentiality of your complaint: Under most circumstances, the text of your request will be
considered a public record and be available to any member of the public upon request. In response to such a
request. we generally will not disclose your name, address, phone number, or any other information that identifies
you and will not disclose this form in response to any request that specifically seeks the request you submitted.
Your record in its entirety may. however. be disclosed to law enforcement and regulatory agencies who may assist
in resolving your request.
2. Read this Important notice and sign your complaint.: I understand that when I submit this request for
assistance that the MA Attorney General's Office cannot give me legal advice and cannot act as my personal
lawyer. I also understand that the MAA!torney General's Office may need to forward this request for assistance to
another agency for response.
Signed By: Date: 12/30/2016

Declaration Response: Yes


(Note: not required if filing anonymously) By filling in my name and checking this box, I certify that the
information I have provided is true and correct to the best of my knowledge, and that I adopt this as my online
signature.
Non-Payment of Wage and Workplace Complaint Form
Office of the Attorney General
Fair Labor Division
One Ashburton Place
Boston. MA 02108

Employee Information
Name:

_Employer Information
Company Name: Iowa Pacific Holdings
-
Address: 118 S. Clinton Street, Suite 400
City: Chicago State: IL Zip: 60661
Phone: 312-348-6083 Ext:
Other Business Name:
Owner's Name:
Address:
City: State: Zip:
Phone: License Plate:
Manager's Name: Number of Employees:

Employment Information
Start Date: 09/11/2016 End Date: 12/29/2016 Present: NO
Type of Work: Mass Coastal Railroad Track Laborer
Currently Employed: Reason for Termination: Discharged
Signed Contract: NO Attorney Representation: NO
Assisted by Org.: NO
If Yes, Org. Info:
Asked for Wages: YES
If Yes, Employer's
Response: Response was to file this complaint form
Co-worker Contact
Information:
Other Action Againt
Employer: NO
If Yes, Action
Explanation:
Employer Retaliation: NO
If Yes, Action Against
Explanation:
Location of Work: Wareham
Reason for Filing Time Period of Violation
Minimum Wage: NO From: 12/29/2016 Present: YES
Non-payment: YES To:_/_/__
Vacation Pay: NO Rate of Pay: 14.50 / Hourly
Meal Period; NO Amount Owed: 1,112.88
Overtime Pay: NO
Sunday/OT/Holiday: NO
Child Labor: NO
Unpaid Commissions: NO
Tips: NO
Prevailing Wage: NO
Ind Contractor Misclass:
NO
Retaliation: NO
Domestic
Violence/Abusive
Situation Employment
Leave: NO
Earned Sick Leave: NO
Domestic Worker Law
Violation: NO
Pay-related disparity: NO

Other: NO
If Other:

Other Information:
On December 29, 2016 myself along with approximately 38 other employees working for Mass Coastal RR have
been laid off by Iowa Pacific Holdings, the company owning MCRR, due to their financial ignorance and mistakes.
Iowa Pacific is now holding my final checl< and myself and fellow workers are unable to find out when or if we will be
payed for our services. I am owed for 76.75 hours at a rate of $14.50 per hours which adds up to $1, 112.875 before
taxes.

Review, sign and submit your


1. Review the confidentiality of your complaint: Under most circumstances, the text of your request will be
considered a public record and be available to any member of the public upon request. In response to such a
request, we generally will not disclose your name, address. phone number, or any other information that identifies
you and will not disclose this form in response to any request that specifically seeks the request you submitted.
Your record in its entirety may. however. be disclosed to law enforcement and regulatory agencies who may assist
in resolving your request.
2. Read this important notice and sign your complaint. ; I understand that when I submit this request for
assistance that the MA Attorney General's Office cannot give me legal advice and cannot act as my personal
lawyer. I also understand that the MA Attorney General's Office may need to forward this request for assistance to
another agency for response.
Signed By: Date: 12/30/2016

Declaration Response: Yes


(Note: not required if filing anonymously) By filling in my name and checking this box, I certify that the
information I have provided is true and correct to the best of my knowledge, and that I adopt this as my online
signature.
Non-Payment of Wage and Workplace Complaint Form
Office of the Attorney General
Fair Labor Division
One Ashburton Place
Boston, MA 02108

Employee Information
Name:

Employer Information
Company Name: Iowa Pacific Holdings
Address: 118 S. Clinton Street Suite 400
City: Chicago State: IL Zip: 60661
Phone: 312-348-6083 Ext:
Other Business Name:
Owner's Name:
Address:
City: State: Zip:
Phone: License Plate:
Manager's Name: Number of Employees:

Employment Information
Start Date: 04/14/2016 End Date:_/_/_ _ Present: YES
Type of Work: Railroad track maintenance
Currently Employed: Reason for Termination: Discharged
Signed Contract: NO Attorney Representation: NO
Assisted by Org.: NO
If Yes, Org. Info:
Asked for Wages: YES
If Yes, Employer's
Response: They were supposed to pay us the day after we all go terminated. they are withholding are
owed wages until the week after.
Co-worker Contact
Information:
Other Action Againt
Employer: NO
If Yes, Action
Explanation:
Employer Retaliation: NO
If Yes, Action Against
Explanation:
Location of Work: Wareham
Reason for Filing Time Period of Violation
Minimum Wage: NO From: 12/29/2016 Present: YES
Non-payment: YES To: _/_;_/_ _

Vacation Pay: NO Rate of Pay: 16.50 I Hourly


Meal Period: NO Amount Owed: 1,958.88
Overtime Pay: NO
Sunday/OT/Holiday: NO
Child Labor: NO
Unpaid Commissions: NO
Tips: NO
Prevailing Wage: NO
Ind Contractor Misclass:
NO
Retaliation: NO
Domestic
Violence/Abusive
Situation Employment
Leave: NO
Earned Sick Leave: NO
Domestic Worker Law
Violation: NO
Pay-related disparity: NO

Other: NO
If Other:

Other Information:
We were supposed to receive our c hecks from Iowa Pacific Holdings on 12/29/2016 this includes, regular pay,
holiday, PTO and Over time as well as m ileage owed. On 12/30/2016 we did not receive our checks. Now we are
told they do not know when we w ill receive them.

Review, sign and submit your


1. Review the confidentiality of your complaint: Under most circumstances, the text of your request will be
considered a public record and be available to any member of the public upon request. In response to such a
request. we generally will not disclose your name, address, phone number, or any other information that identifies
you and will not disclose this form in response to any request that specifically seeks the request you submitted.
Your record in its entirety may. however, be disclosed to law enforcement and regulatory agencies who may assist
in resolving your request.
2. Read this Important notice and sign your complaint. : I understand that when I submit this request for
assistance that the MAAttorney General's Office cannot give me legal advice and cannot act as my personal
lawyer. I also understand that the MA Attorney General 's Office may need to forward this request for assistance to
another agency for response.
Declaration Response: Yes
(Note: not required if filing anonymously) By filling in my name and checking this box. I certify that the
information I have provided is true and correct to the best of my knowledge, and that I adopt this as my online
signature.
Non-Payment of Wage and Workplace Complaint Form
Office of the Attorney General
Fair Labor Division
One Ashburton Place
Boston, MA 02108

Employee Information
Name:

Employer Information
Company Name: Iowa Pacific Holdings
Address: 118 S. Clinton Street, Suite 400
City: Chicago State: IL Zip: 60661
Phone: 312-348-6083 Ext:
Other Business Name: Masschusetts Coastal Railroad
Owner's Name: Edwin E Ellis
Address:
City: State: Zip:
Phone: 312-348-6080 License Plate:
Manager's Name: Number of Employees: 38

Employment Information
Start Oate: 09/25/2013 End Oate: 12/29/2016 Present: NO
Type of Work: Passenger Operations Manager - Railroad
Currently Employed: Reason for Termination:Discharged
Signed Contract; NO Attorney Representation: NO
Assisted by Org.: NO
If Yes, Org. Info:
Asked for Wages: YES
If Yes, Employer's
Response: "HR wrote: "Final checks will not be ready until ne><t week." Once told that this is illegal in MA,
she stated: "I am aware and unfortunately it is out of my control. As soon as I have more
information I will pass it along. I am hoping to have a better answer on Tuesday."
Co-worker Contact
Information:
Other Action Againt
Employer: NO
If Yes, Action
Explanation:
Employer Retaliation: NO
If Yes, Action Against
Explanation:
Location of Work: Wareham, MA, Buzzards Bay, MA
Reason for Filing Time Period of Violation
Minimum Wage: NO From: 12/18/2016 Present: YES
Non-payment: YES To:_/_/__
Vacation Pay: NO Rate of Pay: 50,000/yr / Other
Meal Period: NO Amount Owed: 4480.
Overtime Pay: NO
Sunday/OT/Holiday: NO
Child Labor: NO
Unpaid Commissions: NO
Tips: NO
Prevailing Wage: NO
Ind Contractor Misclass:
NO
Retaliation: NO
Domestic
Violence/Abusive
Situation Employment
Leave: NO
Earned Sick Leave: NO
Domestic Worker Law
Violation: NO
Pay-related disparity: NO

Other: YES
If Other: Non-payment of PTO pay

Other Information:
On 12/29/16, 38 employees were told that we lost our job effective immediately. We were not given paychecks. We
were also all owed PTO pay ( 100+ hours for myself). We have been trying to get answers as to when we will get our
paycheck and we are not getting answers. Local General Superintendent has been trying to get
answers out of the Chicago office to no avail. We all NEED our money and by law in MA, we should have been paid
yesterday.

Review, sign and submit your


1. Review the confidentiality of your complaint: Under most circumstances, the text of your request will be
considered a public record and be available to any member of the public upon request. In response to such a
request, we generally will not disclose your name, address, phone number, or any other information that identifies
you and will not disclose this form in response to any request that specifically seeks the request you submitted.
Your record in its entirety may, however, be disclosed to law enforcement and regulatory agencies who may assist
in resolving your request.
2. Read this important notice and sign your complaint. : I understand that when I submit this request for
assistance that the MA Attorney General's Office cannot give me legal advice and cannot act as my personal
lawyer. I also understand that the MA Attorney General's Office may need to forward this request for assistance to
another agency for response.
Declaration Response: Yes
(Note: not required if filing anonymously) By filling in my name and checking this box, I certify that the
information I have provided is true and correct to the best of my knowledge, and that I adopt this as my online
signature.
Non-Payment of Wage and Workplace Complaint Form
Office of the Attorney General
Fair Labor Division
One Ashburton Place
Boston, MA 02108

Employee Information
Name:

Employer Information
Company Name: Iowa Pacific Holdings
Address: 118 South Clinton Street Suite 400
City: Chicago State: IL Zip: 60661
Phone: 312-348-6083 Ext:
Other Business Name: Mass Coastal Railroad
Owner's Name: Edwin Ellis
Address:
City: State: Zip:
Phone: License Plate:
Manager's Name: Number of Employees: 48

Employment Information
Start Date: 03/04/2013 End Date: 12/30/2016 Present: NO
Type of Work: Project Manager of Railroad Construction
Currently Employed: Reason for Termination: Discharged
Signed Contract: NO Attorney Representation: NO
Assisted by Org.: NO
If Yes, Org. Info:
Asked for Wages: NO
If Yes, Employer's
Response:
Co-worker Contact
Information:
Other Action Againt
Employer: NO
If Yes, Action
Explanation:
Employer Retaliation: NO
If Yes, Action Against
Explanation:
Location of Work: Onset
Reason for Filing Time Period of Violation
Minimum Wage: NO From: 12/18/2016 Present: NO
Non-payment: YES To: 12/30/2016
Vacation Pay: NO Rate of Pay: 36.50 I Hourly
Meal Period: NO Amount Owed: 6,519.81
Overtime Pay: NO
Sunday/OT/Holiday: NO
Child Labor: NO
Unpaid Commissions: NO
Tips: NO
Prevailing Wage: NO
Ind Contractor Misclass:
NO
Retaliation: NO
Domestic
Violence/Abusive
Situation Employment
Leave: NO
Earned Sick Leave: NO
Domestic Worker Law
Violation: NO
Pay-related disparity: NO

Other: NO
If Other:

Other Information:
On 12/28/16 Mass Coastal Employees received a mass email from
there is a mandatory meeting scheduled for 12/29/16 at 3:pm to be held in our Onset Headquarters. I was on
approved PTO but did attend the meeting because it was deemed mandatory. At the meeting &-
t (General Superintendent) stating that

(Roadmaster} announced that Iowa Pacific Holdings had instructed them to terminate 95% of the work force.
They informed us that management would be retained and then proceeded to list the number of names that would be
retained instead of the ones being terminated due to the termination list being a lot longer. It was also stated that
Iowa Pacific holdings had not forwarded our final checks and did not have a date/time on when the employees would
receive final checks. Tony then said he would send out an email on Friday 12/30/16 if Iowa Pacific was going to
forward checks. On Friday December 30th at 12:1 Opm est sent an email saying that no checks had
been cut on 12/29/16 and he would update the employees if Iowa Pacific was going to send them for a Saturday
delivery. On 12/30/16@2:49pm e s t . HR Manager from Iowa Pacific sent: an email saying
that final checks would not be ready until next week.but she said the letters could be distributed "in the meantime".
On January 3, 2017 sent an email update saying that there hadn't been any update on the status of final
checks. On January 5, 2017 an email was forwarded from I Payroll Specialist from Iowa Pacific
Holdings (312} 509-4032 saying that final checks for the terminated employees would be Fed Ex'd for 1/6/17 but
could not be distributed to employees no earlier than 4:30pm est. The final checks did arrive on 1/6/17.
Review, sign and submit your
1. Review the confidentiality of your complaint: Under most circumstances, the text of your request will be
considered a public record and be available to any member of the public upon request. In response to such a
request, we generally will not disclose your name, address, phone number, or any other information that identifies
you and will not disclose this form in response to any request that specifically seeks the request you submitted.
Your record in its entirety may, however, be disclosed to law enforcement and regulatory agencies who may assist
in resolving your request.
2. Read this important notice and sign your complaint. : I understand that when I submit this request for
assistance that the MA Attorney General's Office cannot give me legal advice and cannot act as my personal
lawyer. I also understand that the MA Attorney General's Office may need to forward this request for assistance to
another agency for response.

Signed By: Date: 01/06/2017

Declaration Response: Yes


(Note: not required if filing anonymously) By filling in my name and checking this box, I certify that the
information I have provided is true and correct to the best of my knowledge, and that I adopt this as my online
signature.
Non-Payment of Wage and Workplace Complaint Form
Office of the Attorney General
Fair Labor Division
One Ashburton Place
Boston, MA 02108

Employee Information
Name:

Employer Information
Company Name: Iowa Pacific Holdings
Address: 118 S. Clinton St, Suite 400
City: Chicago State: IL Zip: 60661
Phone: 312-348-6083 Ext:
Other Business Name: Mass Coastal Railroad
Owner's Name:
Address:
City: State: Zip:
Phone: License Plate:
Manager's Name: Number of Employees:

Employment Information
Start Date: 04/01/2011 End Date:_/_/__ Present: YES
Type of Work: Railroad signal maintainer
Currently Employed: Reason for Termination:
Signed Contract: NO Attorney Representation: NO
Assisted by Org.: NO
If Yes, Org. Info:
Asked for Wages: NO
If Yes, Employer's
Response:
Co-worker Contact
Information:
Other Action Againt
Employer: NO
If Yes, Action
Explanation:
Employer Retaliation: NO
If Yes, Action Against
Explanation:
Location of Work: Barnstable, Sandwich, Bourne, Wareham, Middleboro
Reason for Filing Time Period of Violation
Minimum Wage: NO From: 01/01/2017 Present: NO
Non-payment: YES To: 01/14/2017
Vacation Pay: NO Rate of Pay: 25.00 / Hourly
Meal Period: NO Amount Owed: 1317.75
Overtime Pay: NO
Sunday/OT!Holiday: NO
Child Labor: NO
Unpaid Commissions: NO
Tips: NO
Prevailing Wage: NO
Ind Contractor Miscfass:
NO
Retaliation: NO
Domestic
Violence/Abusive
Situation Employment
Leave: NO
Earned Sick Leave: NO
Domestic Worker Law
Violation: NO
Pay-related disparity: NO

Other: NO
If Other:

Other Information:
Iowa Pacific Holdings, which owns the Mass Coastal Railroad, has notified us today via email that our paper
paychecks which are to be distributed today (1/20/17) will not arrive today, and might be here for us next Tuesday.
This same event occurred after 38 employees were !et go at the end of December 2016, but were not paid until eight
days after termination.

Review, sign and submit your


1. Review the confidentiality of your complaint: Under most circumstances, the text of your request will be
considered a public record and be available to any member of the public upon request. In response to such a
request. we generally will not disclose your name. address, phone number, or any other information that identifies
you and will not disclose this form in response to any request that specifically seeks the request you submitted.
Your record in its entirety may. however, be disclosed to law enforcement and regulatory agencies who may assist
in resolving your request.
2. Read this Important notice and sign your complaint. : I understand that when I submit this request for
assistance that the MA Attorney General's Office cannot give me legal advice and cannot act as my personal
lawyer. I also understand that the MA Attorney General's Office may need to forward this request for assistance to
another agency for response.
Declaration Response: Yes
(Note: not required if filing anonymously) By filling in my name and checking this box. I certify that the
information I have provided is true and correct to the best of my knowledge, and that I adopt this as my online
signature.

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