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Secretary of Labor Thomas E. Perez
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News Release

WHD News Release: [02/21/2013]
Contact Name: Elizabeth Todd or Juan Rodriguez
Phone Number: (972) 850-4710 or x4709
Release Number: 13-0228-DAL

US Labor Department files lawsuit against San Antonio-based pool and patio company to secure overtime back wages and damages

Affects workers in San Antonio and Corpus Christi, Texas

SAN ANTONIO — The U.S. Department of Labor has filed a lawsuit against Gary Zarz Fiberglass Pools Inc., doing business as Gary Pools & Patio in San Antonio, and Gary Zarz, its owner, to recover overtime back wages and an equal amount in liquidated damages, for alleged violations of the overtime and record-keeping provisions of the Fair Labor Standards Act.

The department's suit was filed in federal court following investigations by the Wage and Hour Division's San Antonio District Office that found the defendants willfully violated the FLSA. Investigators found defendants failed to pay installation and sales personnel time and one-half their regular rates of pay for hours worked over 40 in a workweek. The employer also failed to create and maintain records of workers' wages and work hours, in violation of the FLSA's record-keeping provisions.

"Employers subject to the FLSA must ensure that their employees are fully compensated for all work hours in compliance with federal minimum wage and overtime pay," said Cynthia Watson, Wage and Hour Division regional administrator. "This lawsuit demonstrates the department's commitment to using all enforcement tools available, including litigation and assessment of liquidated damages, to recover all the wages employees have rightfully earned and to ensure compliance under the law."

The department's lawsuit was filed in the Western District of Texas, San Antonio Division. The lawsuit asks the court to order the defendants to pay the full amount of back wages due plus an equal amount in liquidated damages to the affected workers. The lawsuit also seeks to have the defendants permanently prohibited from future FLSA violations.

Employers who violate the law are, as a general rule, liable to employees for their back wages and an equal amount in liquidated damages. Liquidated damages are paid directly to the affected employees.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Additionally, employers must maintain accurate time and payroll records.

For more information about federal wage laws, call the Wage and Hour Division's toll-free helpline at 866-4US-WAGE (487-9243) or its San Antonio office at 210-308-4515. Information also is available at http://www.dol.gov/whd/.