Wage and Hour Division (WHD)
U.S. Department of Labor
SYRACUSE, N.Y. -- Innovate Inc., a wood flooring company based in the Syracuse area and doing business as Walk On Wood, and company president Kurt R. Scrudato have agreed to pay 24 employees a total of $20,525 in back wages and interest to resolve a lawsuit filed by the U.S. Department of Labor alleging violations of the federal Fair Labor Standards Act (FLSA).
The suit, filed in the U.S. District Court for the Northern District of New York, resulted from an investigation conducted by the department’s Wage and Hour Division office in Syracuse that revealed violations of the FLSA’s overtime and recordkeeping provisions at the company’s current and previous locations in Liverpool, Colonie, Utica, Cheektowaga, Ithaca and Henrietta, N.Y.
The FLSA requires that covered employees be paid at least the federal minimum wage of $6.55 per hour as well as time and one-half their regular rates of pay for work beyond 40 hours per week. The law also requires that accurate records of employees’ wages, hours and other conditions of employment be maintained, and prohibits retaliation against employees who exercise their rights under the law.
“The Department of Labor is committed to ensuring that all workers are paid properly for all of the hours they work,” said Catherine Quinn-Kay, assistant district director for the Labor Department’s Wage and Hour Division office in Syracuse. “This case should be a reminder to employers that we will not hesitate to take legal action against any employer that balks at living up to its obligations under the law.”
A consent judgment, signed by Judge Norman A. Mordue, enjoins the defendants from future violations of the FLSA’s overtime, recordkeeping and anti-retaliation provisions, and orders the company and Scrudato to pay the amounts due to employees on an installment basis, with the final payment due by Sept. 15, 2010. The total of $20,525 includes $20,143 in overtime back wages and $381.92 in interest. The back wages cover the period between Dec. 4, 2006, and Aug. 17, 2008.
The Labor Department’s legal action followed an investigation by the Syracuse office of the Wage and Hour Division. For more information on the FLSA, call the Department of Labor’s toll-free helpline at 866-4US-WAGE (487-9243) or the Syracuse office at 315-448-0630. Information is also available on the Internet at www.wagehour.dol.gov, and an interactive “e-laws advisor” providing detailed information about FLSA compliance is available at www.dol.gov/elaws/flsa.htm.
Solis v. Innovate Inc. et al
Civil Action Number: 5:08-01311-NAM-GJD
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