NORTHAMPTON — A prominent city property owner who runs entertainment venues including the Calvin Theatre and Iron Horse Music Hall will have to make restitution and pay civil penalties for infractions in which his companies allegedly violated the rights of about 30 workers.
A settlement agreement reached earlier this month between Eric Suher and the state attorney general’s office, following an appeal, requires Suher to pay $39,386.90, but he admits to no wrongdoing. That is significantly less than the $100,000 penalty against Suher the office announced in June 2021.
“The employer does not admit liability in this matter, but wishes to resolve fully and finally any and all claims or causes of action that may be brought by the attorney general … under the commonwealth of Massachusetts’ wage and hour laws,” reads a portion of the agreement.
The agreement was signed by Assistant Attorney General Amy Goyer of the Fair Labor Division on Aug. 9, and by Suher on Aug. 5.
Though the amount to be paid to the attorney general’s office is smaller, the penalty will still make whole the workers who were affected by the company’s actions, Attorney General Maura Healey said in a statement.
“My office will continue to hold accountable companies that take advantage of people trying to make a living,” Healey said. “We are pleased to have secured lost wages for employees whose rights were violated by Iron Horse Ventures and will continue to advocate on behalf of all workers in Massachusetts.”
Suher didn’t immediately respond to a request for comment from the Gazette.
The alleged infractions stem from a nearly two-year investigation that found his companies, Iron Horse Ventures Inc. and 26-28 Center St. LLC, violated worker rights between Jan. 1, 2018 and Dec. 31, 2020.
The Fair Labor Division began investigating the matter after a referral from the Pioneer Valley Workers Center, which had received various complaints from employees of the two companies owned by Suher.
Specifically, four citations were issued to Iron Horse Ventures over failure to pay wages in a timely manner; failure to maintain a sick leave policy and denying the use of paid sick time to certain employees; failure to post workplace notices; and a subsequent failure to furnish “true and accurate records.”
For 26-28 Center St. LLC, a citation was issued for failing to furnish records.
The settlement agreement with Suher, who also owns Pearl Street Nightclub and the Basement, comes as an association representing songwriters, composers and music publishers filed a lawsuit against the Calvin Theatre over the “unauthorized public performance of its members’ copyrighted musical works.”
Those plaintiffs are asking that the theater pay statutory damages of between $750 and $30,000 for each of six alleged copyright infringements that occurred during a recent performance.
As part of the settlement agreement with the state, Suher is promising to comply with all wage and hour laws, including minimum wage, overtime, unemployment insurance payments, workers compensation insurance and income taxation.
The deal struck also gives him no further opportunity for appeal.
Scott Merzbach can be reached at smerzbach@gazettenet.com.
