State drops complaints against Shepherd’s: The Missouri Department of Labor and Industrial Relations has dropped its two-year investigation of prevailing wage law complaints against the Shepherd’s Co. of Fulton, a faith-based construction company. Shepherd’s Co. also operates as a window cleaning firm and does business in Fulton, Jefferson City, Columbia, and the Lake of the Ozarks. It has more than 2,000 commercial and residential accounts in Central Missouri. The state agency has reached a non-monetary settlement with Shepherd’s Co. Under the settlement, the Missouri Department of Labor and Industrial Relations admits its long and costly investigation of the Fulton company failed to find any violations of state prevailing wage laws.
Tom Mahaney, Shepherd’s general manager, said last year the firm had expenses and lost business costs of at least $1.5 million that are associated with the state agency’s investigation of the firm. Scott Charton, a spokesman for Shepherd’s, said he believes total expenses for the firm, including costs associated with forming a new company and legal costs, eventually will total more than $2 million. The settling parties admit to no violations of state or federal law or authority in the agreement, Charton said. The settlement agreement provides that no notice of violation of Missouri’s prevailing wage or minimum wage laws will be made by the department on Shepherd’s projects that have been under investigation.
Shepherd’s Co. issued a statement saying that the “essential faith underpinning the Shepherd’s Company partnership has not changed, nor will it change. Shepherd’s Company is hopeful the settlement with the state satisfies any concerns or possible concerns that any public governmental bodies may have, or have expressed in the past. In the spirit of Christian forgiveness and fellowship, Shepherd’s is moving on, and looks forward to continuing its high quality service and workmanship for all clients, private, corporate and governmental.” Shepherd’s will continue operating as a partnership but will also form a separate corporation that will be used to bid on government contracts that are covered by state prevailing wage laws.
During the investigation, Labor Department Director Larry Rebman had written letters to Columbia Public Schools and the Missouri Department of Transportation telling them that the firm was the subject of a wage hour violation investigation. That prompted both government agencies to discontinue projects with Shepherd’s. After asking for extensive records from the firm, Shepherd’s Co. filed a federal lawsuit against Rebman and Carla Buschjost, director of the department’s Division of Labor Standards. In their federal lawsuit against the state agency, Shepherd’s Co. accused the state agency of not providing due process to the company under the U.S. Constitution.
Based on unnamed complaints, the state agency began the investigation in 2009 that Shepherd’s Co. was outbidding union competitors. The state asked Shepherd’s to turn over virtually all of its financial records, customer lists, payroll records and numerous other documents. Shepherd’s fought the requests for a year and then turned the records over in 2010. It later filed the federal lawsuit against the state agency. Mark Comley, a Jefferson City attorney representing Shepherd’s Co., said Wednesday as part of the settlement he has dropped the federal lawsuit.
Comley said the company is now organized as a general partnership. Comley said as part of the settlement agreement, the firm will become a subchapter S corporation. “That will create a better paper trail for payroll and record keeping. Shepherd’s Co. has agreed to do this as part of the settlement,” Comley said. Shepherd’s Co. is operated by Shepherdsfield Community, a faith-based group that lives in a communal lifestyle. Members of the community voluntarily contribute their earnings to the community and they all share in proceeds from business ventures.
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Tom Mahaney, Shepherd’s general manager, said last year the firm had expenses and lost business costs of at least $1.5 million that are associated with the state agency’s investigation of the firm. Scott Charton, a spokesman for Shepherd’s, said he believes total expenses for the firm, including costs associated with forming a new company and legal costs, eventually will total more than $2 million. The settling parties admit to no violations of state or federal law or authority in the agreement, Charton said. The settlement agreement provides that no notice of violation of Missouri’s prevailing wage or minimum wage laws will be made by the department on Shepherd’s projects that have been under investigation.
Shepherd’s Co. issued a statement saying that the “essential faith underpinning the Shepherd’s Company partnership has not changed, nor will it change. Shepherd’s Company is hopeful the settlement with the state satisfies any concerns or possible concerns that any public governmental bodies may have, or have expressed in the past. In the spirit of Christian forgiveness and fellowship, Shepherd’s is moving on, and looks forward to continuing its high quality service and workmanship for all clients, private, corporate and governmental.” Shepherd’s will continue operating as a partnership but will also form a separate corporation that will be used to bid on government contracts that are covered by state prevailing wage laws.
During the investigation, Labor Department Director Larry Rebman had written letters to Columbia Public Schools and the Missouri Department of Transportation telling them that the firm was the subject of a wage hour violation investigation. That prompted both government agencies to discontinue projects with Shepherd’s. After asking for extensive records from the firm, Shepherd’s Co. filed a federal lawsuit against Rebman and Carla Buschjost, director of the department’s Division of Labor Standards. In their federal lawsuit against the state agency, Shepherd’s Co. accused the state agency of not providing due process to the company under the U.S. Constitution.
Based on unnamed complaints, the state agency began the investigation in 2009 that Shepherd’s Co. was outbidding union competitors. The state asked Shepherd’s to turn over virtually all of its financial records, customer lists, payroll records and numerous other documents. Shepherd’s fought the requests for a year and then turned the records over in 2010. It later filed the federal lawsuit against the state agency. Mark Comley, a Jefferson City attorney representing Shepherd’s Co., said Wednesday as part of the settlement he has dropped the federal lawsuit.
Comley said the company is now organized as a general partnership. Comley said as part of the settlement agreement, the firm will become a subchapter S corporation. “That will create a better paper trail for payroll and record keeping. Shepherd’s Co. has agreed to do this as part of the settlement,” Comley said. Shepherd’s Co. is operated by Shepherdsfield Community, a faith-based group that lives in a communal lifestyle. Members of the community voluntarily contribute their earnings to the community and they all share in proceeds from business ventures.
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Dragon slayer Tony Earnshaw driven by Ferrari fantasy: As a 12-year-old lad Tony Earnshaw was in the back of a police car waiting to be taken from his foster parents to a council care home when a Ferrari sports car flashed by. He told the officer: “I can’t wait to get one of those.” According to Tony the officer replied: “Son, where you are going, there is only one way to get one of those - you would have to steal it”. He said the words have has stayed with him ever since. Fast forward 13 years and he is on Dragons’ Den, the hit BBC TV programme for wannabe entrepreneurs - although more often, a graveyard for dreams. He and colleague Steve Pearson deliver a smooth presentation asking for £100,000 so they can take their commercial cleaning business nationwide.
On the panel was North East-based tycoon Duncan Bannatyne, who offers the full £100,000 for a 35% in the business, which they accept. A further 12 months on, with Duncan’s regular input, the company has won new contracts worth around £2m and the future is looking very bright for Tony. A far cry from when he walked into the council care home. He described how there were metal bars on the windows while in the pool room the cues were chained to the floor so they couldn’t be used as weapons in fights. Tony said: “Don’t get me wrong, the staff were very good and tried their best to make you feel at home. But at that age it is still the last place you want to be.”
Without naming names, he said one fellow resident at the time suffered a drug-related death while others have fallen into a life of crime. But Tony went a different way. He persuaded the man in charge of the care home in County Durham to let him go to Biddick Comprehensive School near his former family home in Washington, Tyne and Wear. As he had been bullied and taken into care after his single mum was taken into hospital, Tony was barely able to read or write but progressed rapidly. By 15, he had a milk round and his first taste of working life. At 16 he left school with eight GCSEs to go into sales by day, flipping burgers by night in his first business venture - a £50 fast- food trailer. With a brisk nightclub trade, he made £3,000 in a matter of months - then sold the business for £2,000. He bought a window-cleaning round for £300 which made him his money back in the first fortnight. Six months later, he sold that business for £6,000. Tony said: “I turned up to buy the round with an two big drums of water in a clapped-out old van which was like something out of Only Fools and Horses.“But my entrepreneurial spirit was really taking hold by then and I knew that I wanted to pursue my dream - and get that Ferrari. Despite all my problems I was always business-minded. “I told the window-cleaning business man I was going to build up the biggest cleaning company in the North East and he just laughed and said: ‘I will be watching you.’ But within six months I had my own depot, two vans and I was the biggest, taking £6,000-a-month.” He again sold that for a healthy profit, taking £16,000, before an HND in business helped him establish UK Commercial Cleaning Services in 2007. The company has expanded, now covering Newcastle, Sunderland, Teesside, Leeds and London, with franchises in the pipeline for Wales, Scotland, and Northern Ireland.
The Dragons’ Den appearance helped him pick up the Institute of Directors North East Young Director of the Year Award. He now employs 40 staff, has a £200,000 house in Durham and a £30,000 Range Rover as he bides his time for that long-awaited Ferrari that cost between £140,000 and an eye popping £1.2m brand new. Probably in red,” he said. “I am not there yet, but I will get it,” said Tony, who is single, and whose mum Sandra, 42, is now well again and studying to be a chef while his younger brother Gavin, 21, is at university. “Just because I went into care did not mean that I was going to be a loser. I was there for two years and there were some bad boys who had been kicked out of mainstream school. Many may have ended up in prison, but by 14 I knew I had to change and stand on my own two feet. “Nobody was going to do that for me, but I did not want to go to jail. The key is ambition but problems in your past do not mean you cannot do something with your life. “Everyone is born the same way - there is no reason why you cannot achieve the same things.”
Residents claim bad propane ruined homes: Consumers, who had purchased what they believed to be a safe and reliable product, have discovered the hard way that may not always be the case. Bob Eskew and Linda Maxwell, Margie Southern Woodrum and Jackie and Shirley Jiles are among the growing list of local consumers who know the problems of dealing with propane gas allegedly contaminated by fluorine. Contaminated propane allegedly caused etching in the glass in their homes, but even worse are the health issues involved. Eskew and Woodrum have lost most of their vision. Both have undergone significant health concerns in the last few years, including ongoing respiratory problems and flu-like symptoms. For years they have unsuccessfully fought a battle to get the company responsible for the sale of the allegedly contaminated fuel, Green Country Propane Sales Inc., to pay for damages to their homes and medical expenses. Green County Propane purchased the propane from Coffeyville Resources and Refining and Marketing LLC of Kansas.
Pictured above: The window may look like a good washing would help, but Linda Maxwell tried washing the glass in picture frames and in the windows of her home, west of Sallisaw, to no avail. Maxwell claims glass and metal objects were pitted and etched by contaminated propane gas.
Too much Jim Beam in the Kitchen? Dan Kitchen withdraws from council appointment race: Whiskey apparently played a part in Dan Kitchen’s decision to throw his hat in the ring for a soon-to-be-vacated Aspen City Council seat, and the fact that he has too many good ideas is why he withdrew his application on Tuesday, Kitchen said. “They aren’t going to pick you,” said Kitchen, quoting the feedback he got from family and friends on his decision to pursue a temporary appointment to fill Councilman Dwayne Romero’s seat. “They said, ‘you’re a caveman, you have too many good ideas.’”
Kitchen jokingly admitted on Tuesday that when he considered serving in public office and subsequently submitted his application earlier this month, he had been drinking Jim Beam and wasn’t thinking clearly. Add that to his belief that since the planet is going to self-destruct anyway, Kitchen, 58, said traveling for the next year, and spending time with friends and family, sounds like a better plan. Besides, the window washer said he’d be too frustrated with the slow bureaucratic pace of government - noting that he first suggested bear-proof trash cans in 1992 and it took years for local governments to require them, and he’s been waiting for a solution to the entrance to Aspen for decades.
Kitchen jokingly admitted on Tuesday that when he considered serving in public office and subsequently submitted his application earlier this month, he had been drinking Jim Beam and wasn’t thinking clearly. Add that to his belief that since the planet is going to self-destruct anyway, Kitchen, 58, said traveling for the next year, and spending time with friends and family, sounds like a better plan. Besides, the window washer said he’d be too frustrated with the slow bureaucratic pace of government - noting that he first suggested bear-proof trash cans in 1992 and it took years for local governments to require them, and he’s been waiting for a solution to the entrance to Aspen for decades.
He also said he wouldn’t be a good candidate because he’s technologically illiterate. “They’d have to have special meetings for me,” to follow along, Kitchen said. With Kitchen out of the running, there are eight Aspen residents vying for the two-month appointment. Romero will vacate the seat on Monday so he can take a job as Gov. John Hickenlooper’s economic development director.
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