Wage and Hour Division (WHD)
U.S. Department of Labor
NEW YORK -- The U.S. Department of Labor has filed a lawsuit against Serklan Inc., a wholesale commercial laundry and cleaning business located at 137 School St. in Yonkers, and its president, Yong Hee Lee, for violations of the minimum wage, overtime and record-keeping provisions of the federal Fair Labor Standards Act.
An investigation by the department's Wage and Hour Division found that, since at least May 2009, the defendants willfully and repeatedly violated the law by paying employees a flat salary in cash for all hours worked, including hours beyond 40 in a week. Consequently, the workers did not receive minimum wage and overtime pay required by the FLSA.
The suit, filed with the U.S. District Court for the Southern District of New York by the department's Regional Office of the Solicitor, seeks back wages plus an equal amount in liquidated damages, both payable to the affected workers. It also seeks to have the defendants permanently prohibited from future FLSA violations.
"The Labor Department will not allow employers to deny workers their hard-earned wages, and will not hesitate to resort to litigation to enforce the law and recover back wages for workers," said Sonia C. Rybak, the division's assistant district director in White Plains, whose office conducted the investigation. "Our goal is to aggressively enforce the FLSA to achieve compliance for all employees, especially vulnerable low-wage workers. We also seek to ensure a level playing field for companies that obey the law, while providing a disincentive for those employers who choose to violate the law."
The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 per hour as well as time and one-half their regular rates for every hour they work beyond 40 per week. The law also requires employers to maintain accurate records of employees' wages, hours and other conditions of employment, and prohibits employers from retaliating against employees who exercise their rights under the law.
For more information on the FLSA, contact the division's toll-free helpline at 866-4US-WAGE (487-9243) or its Hudson Valley Area Office at 914-682-6348. Information also is available at http://www.dol.gov/whd.
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