State seeks charges against businessman

Tuesday, July 29, 2003 | 11:22 a.m.

CARSON CITY -- State Labor Commissioner Terry Johnson wants criminal charges filed against an Incline Village businessman who allegedly skipped out on paying wages to his workers.

"If we don't collect, I want to see this man put behind bars," Johnson said. This is the first time criminal prosecution for labor law violations has been sought by the state labor commissioner's office.

He asked Attorney General Brian Sandoval on Monday to file misdemeanor charges against Robert DeMaio, president of Dot 1 Web, an Internet auction site at Lake Tahoe.

DeMaio laid off or fired about 60 workers shortly before last Christmas. They were owed $177,102 in back wages. Johnson filed suit in District Court in their behalf and gained a $429,479 summary judgment against DeMaio.

It is the largest judgment ever obtained by a labor commission and includes penalties, interest and legal fees. Johnson also said that Nevada law provides that workers receive an extra 30 days of wages if they are fired or laid off and are not paid.

He has asked state Controller Kathy Augustine to try to collect the judgment.

In addition, Johnson said other workers have filed back wage claims against DeMaio. And he will be going to court to get additional judgments.

So far DeMaio has not been found but Johnson believes he is still in Nevada. DeMaio could not be reached for comment.

Johnson said the workers are not only worried about their back wages but "they want to see justice done." He said DeMaio showed a "willful and egregious neglect" of the law.