Wage and Hour Division (WHD)
U.S. Department of Labor
CONCORD, N.H. -- The U.S. Department of Labor has obtained a consent judgment in federal court that orders Legacy Holdings LLC, doing business as Ramunto’s Brick Oven Pizza Restaurant in Claremont, and owners Desmond Willey and Kelly Willey, to pay $30,000 in back wages and liquidated damages to 32 employees following an investigation by the department’s Wage and Hour Division. The judgment resolves a lawsuit filed by the department in the U.S. District Court for the District of New Hampshire on March 28, 2012, alleging violations of the minimum wage, overtime and record-keeping provisions of the Fair Labor Standards Act.
Investigators from the division’s Manchester Area Office found that the defendants paid employees in cash for hours worked above 40 in a workweek. The defendants would pay them at their regular hourly rate of pay rather than one and one-half times that rate, as required by law. For some restaurant employees, as much as half their weekly wages were paid off-the-books. The defendants did not maintain records of the payments.
“An employer’s failure to pay required overtime gives an unfair competitive advantage, violates the rights of its employees and will not be tolerated,” said Daniel Cronin, the division’s assistant district director for Northern New England. “As demonstrated by this judgment, the department is committed to using all enforcement tools at its disposal to bring violators into compliance with the law and to return hard-earned wages back into the pockets of our nation’s workers.”
In addition to the payment of back wages and damages, the judgment restrains the defendants from future FLSA violations and requires them to maintain adequate and accurate records of employees’ work hours and wages. The case was litigated for the division by trial attorneys Susan Salzberg and Nathan Henderson of the department’s Regional Office of the Solicitor in Boston.
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 rate 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. The FLSA provides that employers who violate the law are, as a general rule, liable to employees for back wages and an equal amount in liquidated damages. Liquidated damages are paid directly to the affected employees.
For more information about the FLSA, contact the Wage and Hour Division’s Manchester office at 603-666-7716 or the division’s toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at http://www.dol.gov/whd.
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