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News Release

U.S. Department of Labor files suit against Aggregate Industries to recover more than $1 million in back wages due 302 Denver-area workers

DENVER The U.S. Department of Labor has filed a lawsuit to recover $1,094,486 in back wages for 302 Denver-area employees of Aggregate Industries, WRE Inc., a subsidiary of Bardon US Corp. The suit, filed in the U.S. District Court in Denver, resulted from an investigation by the department's Wage and Hour Division that found violations of the federal Fair Labor Standards Act (FLSA).

"Among this department's highest priorities is making sure that workers are paid all the wages they have earned," said Secretary of Labor Elaine L. Chao. "This legal action is being taken to recover more than $1 million in back wages for these Colorado workers."

The Wage and Hour Division investigation found the company in violation of the FLSA for failing to pay employees overtime for hours worked in excess of 40 per week during pay periods ending from June 25, 2005, through June 3, 2006. The company paid truck drivers on a per load basis without regard to the number of hours worked.

The company agreed to come into compliance for the future but has refused to pay the computed amount of back wages due these workers. Aggregate Industries, located in Golden, Colo., produces high quality aggregated-based construction materials. Bardon's corporate offices are located in Baltimore, Md.

Enforced by the Wage and Hour Division, the FLSA requires that employers pay covered workers at least the federal minimum wage for all hours worked, and time and one-half their regular rates of pay for hours worked beyond 40 in a single workweek. Employers also must maintain adequate and accurate records of employees' wages, hours and other conditions of employment.

For more information about the FLSA, call the Department of Labor's toll-free helpline at 866-4US-WAGE (487-9243) or contact the Wage and Hour Division's Denver District Office at 720-264-3250. Information is also available on the Internet at

Archived News Release — Caution: Information may be out of date.

Employment Standards Administration
April 21, 2008