Wage and Hour Division (WHD)
U.S. Department of Labor
New York City car detailing business and officer agree to pay employees nearly $58,000 in overtime back wages and interest to settle U.S. Labor Department lawsuit
NEW YORK, NY -- Exclusive Detailing Inc., a New York City car detailing and finishing business, and company president Michael Agolia have agreed to pay eight employees $57,936 in overtime 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 Labor Department’s suit was filed in the U.S. District Court for the Southern District of New York following an investigation by the department’s Wage and Hour Division that disclosed violations of the FLSA’s overtime and recordkeeping provisions at the company’s 536 West 41st St. location in Manhattan.
The FLSA requires that covered employees be paid at least the federal minimum wage of $6.55 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.
“When employees, especially low-wage workers such as we found in this case, are deprived of their rightful wages, employers should know the department will not hesitate to take legal action to recover those back wages if necessary,” said Philip Jacobson, director of the Wage and Hour Division’s district office in New York City.
A consent judgment obtained by the Labor Department prohibits the defendants from future violations of the FLSA’s minimum wage, overtime, recordkeeping and anti-retaliation provisions, and orders the company and Agolia to pay the back wages. The defendants agreed to entry of the judgment while neither admitting nor denying the allegations contained in the department’s suit.
If the defendants fail to make any of the payments, the court will appoint a receiver with power to seize and liquidate their assets to satisfy the order. They are also ordered to advise employees, in Portuguese, of their rights under the FLSA, in particular their right to engage in protected activity without fear of retaliation. Finally, the defendants must post official posters explaining employee rights under the FLSA where all employees may view them.
The Labor Department’s Wage and Hour Division office in Manhattan investigated this case, and the suit was filed by the department’s Regional Solicitor’s Office in New York City. For more information about the requirements of the FLSA, contact the Wage and Hour Division office in Manhattan at 212-264-8185 or call the Department of Labor’s toll-free helpline at 866-US-WAGE (487-9243). Information is also available on the agency’s Web site at www.wagehour.dol.gov.
Solis v. Exclusive Detailing Inc. Civil Action Number: 09-CV-2481
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