Despite being found guilty of stealing over $31,000 in wages from immigrant day laborers, construction contractor Artemio Fuerte didn’t close shop. Two of his companies, Fuerte Construction LLC and Fuerte Construction Services LLC, are still listed as active with the New York Department of State Division of Corporations.
After Documented’s exposé on Fuerte last August, New York Senator Shelley Mayer introduced a bill in Albany that would suspend business licenses for those charged or convicted of wage theft. Currently, no law exists that bars business owners convicted of wage theft, like Fuerte, from continuing to operate a business in the state.
Fuerte, a Westchester County-based construction contractor, was sentenced last June in New Rochelle City Court to three years’ probation, ordered to pay a $12,000 fine, and required to pay full restitution of $31,583 to his eight victims. He could still, however, continue to operate. Mayer’s bill would change that.
First introduced in the 2024 legislative session and then reintroduced in 2025, Senate Bill S2078 would amend the state’s labor law and criminal law by empowering the Commissioner of Labor to suspend or deny an employer convicted of wage theft a license to do business in the state for up to two years, at which point they could apply for a license again.
Also Read: Contractor Still Operates Despite Stealing Thousands in Wages From Immigrant Workers
The law would give judges the power to block business owners from applying for a license to operate a business under a different business name or opening and operating another business under a different name. Courts would also be required to notify the Commissioner of Labor immediately when an employer is convicted of wage theft.
“The hope is that the bill will really create a strong disincentive, because it allows the court to deny a business owner the ability to continue to operate or change names while a criminal charge is pending,” said Senator Myer.
With President Trump pushing an increasingly hostile anti-worker and anti-immigrant agenda, Myer hopes that the law will empower undocumented workers to speak up against unscrupulous employers without fear of retaliation, as most of the workers who alleged Fuerte stole their wages are undocumented.
Undocumented workers are entitled to the same worker protections that U.S.-born workers are such as minimum wage, overtime pay, and protection under health and safety laws.
New York construction companies were found to have stolen wages from more than 7,700 workers between 2017 and 2021. U.S.-born construction workers earn $3.12 more per hour than undocumented workers and disproportionately experience wage theft.
“There is already a reluctance of day laborers and others with uncertain status to come forward with complaints, which makes it more compelling that we do this,” said Senator Myer.
Moreover, the law could help put a stop to employers like Fuerte, who have not one, but multiple wage theft allegations made against them. According to Carmen Yegres, Workers Resource Center Coordinator at United Community Center of Westchester, after Fuerte was sentenced, four more immigrant day laborers came forward accusing him of stealing their wages.
Fuerte was first arrested on May 23, 2022, for failing to pay four workers he employed in 2020 a total of $21,150. He was again arrested on Oct. 14, 2022, for failing to pay two additional employees a total of $2,370. On Jan. 30, 2024, he was arrested yet again for failing to pay two more workers he employed in 2023 a total of $8,063.
“This man issued bad checks, and in some cases, simply didn’t pay workers at all,” said Yegres. “So after seeing him in court, after what happened in 2020, he went right back to doing the same thing at the end of 2024.”
Also Read: Manhattan D.A. Announces Indictment of Construction Firm for Stealing $67K From Immigrant Workers
Due to their undocumented status, the workers declined to be interviewed for this story.
Yegres says that despite Fuerte’s notoriety across Westchester County and his past convictions, he has continued to operate his business as if nothing happened.
“In every organization across the county, some are in Yonkers, others in Port Chester, and we’re here in New Rochelle, this man was stealing from workers,” she said. “We’ve taken several actions against him, but he always posts bail and goes back to doing the same thing.”
When questioned about current wage theft allegations against him, Fuerte, a home contractor, told Documented that he had some issues paying workers on time because his clients did not pay him on time.
“Sometimes I take a long time to get the money,” he said. “When I don’t have money, it’s a little difficult, but I pay. The thing is, sometimes they get angry and never come back, so it’s difficult.”
He also pushed back on the accusations that he does not pay workers their owed wages, saying that he is willing to pay any outstanding wages.
“I never say I won’t pay — any owed money I pay, no problem,” he said.
When asked if he believed there should be a law barring him from continuing to operate a business because of his past wage theft convictions, he denied that he deliberately steals wages from his employees and felt he should continue to run his business.
“No, I feel good to continue working. I’m okay,” he said.
Yegres, who says the workers have filed cases against Fuerte with the Westchester District Attorney and the Department of Labor, says that the delays in owed wages go beyond just negatively affecting the workers, but have a rippling effect.
“It’s not just the worker who’s affected, it’s their whole family,” she said. “Most of these people are parents or young adults trying to survive day-to-day here in the United States, and it’s really hard because they fall behind on rent.”
When asked about the Fuerte cases, the Westchester DA’s Office stated they do not comment on any pending investigations.
For Senator Myer, the Fuerte case is an example of why it’s so vital for her legislation to become law.
“You’re giving additional tools to courts and the Department of Labor to get at the issue that workers raised about Fuerte, who had criminal charges pending and continued to engage in alleged wage theft under a news company,” she said.
It’s estimated that over 2 million New Yorkers fall victim to wage theft every year, amounting to $3.2 billion in owed wages.
To look up if your employer is guilty of wage theft you can use our Wage Theft Monitor.
