Wage and Hour Division (WHD)
U.S. Department of Labor
Buffalo, N.Y., employer agrees to pay overtime back wages to employees to resolve U.S. Labor Department lawsuit
BUFFALO, N.Y. -- Chase Investigations International LTD of Buffalo and company owner Kenneth Bambach have agreed to pay seven employees a total of $8,000 in overtime back wages 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 Western 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 requirements with regard to employees working as repossession agents.
The investigation revealed that these workers were often required to work more than 40 hours during many workweeks without being compensated properly for the overtime hours worked. The investigation also found that the company and Bambach did not keep proper records of the number of hours employees worked.
The FLSA requires that covered employees be paid at least the federal minimum wage of $6.55 per hour as well as one and one-half times their regular rates of pay for hours worked over 40 per week. Additionally, the law requires that accurate records of employees’ wages, hours and other conditions of employment be maintained.
“This legal action by the Labor Department demonstrates that we will not hesitate to file suit against employers who violate the law by failing to properly pay their employees for all the hours they work,” said Michael Fitzgerald, assistant district director in charge of the Wage and Hour Division’s area office in Buffalo.
A consent judgment agreed to by the parties prohibits the defendants from future violations of the FLSA’s overtime and recordkeeping provisions. It orders the company and Bambach to pay back wages totaling $8,000. The defendants agreed to entry of the judgment without admitting or denying the alleged violations contained in the department’s suit. They are also ordered to advise employees of their rights under the FLSA, in particular their right to engage in protected activity without fear of retaliation, and to place posters advising workers of their rights where all employees may view them.
The Labor Department’s Wage and Hour Division office in Buffalo 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 Buffalo at 716-842-2950 or call the Department of Labor’s toll-free helpline at 866-US-WAGE (487-9243). Information is also available on the Internet at www.wagehour.dol.gov.
Solis v. Chase Investigations International LTD. et al; Civil Action Number: 1:09-CV-00202-WMS
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