US Labor Department sues El Paso fire protection company, seeking $321K in unpaid wages, liquidated damages for workers

Date of Action: July 7, 2016

Type of Action: Lawsuit

Name of Defendant: Five Star Automatic Fire Protection LLC

Allegation: The U.S. Department of Labor filed a lawsuit against Five Star Automatic Fire Protection LLC after an investigation by the department’s Wage and Hour Division found that the employer violated the Fair Labor Standards Act by failing to pay 54 current and former employees $160,787 in overtime pay. Investigators from the division’s Albuquerque District Office found Five Star failed to pay its employees for time spent before their scheduled starting times as they loaded materials into the company vehicle and performed other tasks to prepare for the day’s work. The company also failed to pay workers for legally compensable travel time when it occurred after their shifts were scheduled to end. Investigators determined the employer failed to keep track of all hours worked and to record its employees’ starting and ending work times each work day, leading to a record-keeping violation in addition to the monetary violations.

Quote: “Employers cannot require employees to work before or after punching their timecards without being paid for that time,” said Betty Campbell, regional administrator for the Wage and Hour Division in the Southwest. “In this case, Five Star Automatic Fire Protection benefitted from the labor performed by these workers outside of their scheduled shifts, but didn’t pay for that work.  The Wage and Hour Division remains committed to ensuring that if you work, you get paid.  We will continue to use every tool available to us to make sure that happens.”

Resolution: The department seeks $321,000 in back wages and liquidated damages, and an injunction against future violations of the FLSA by Five Star.

Background: Based in El Paso, Texas, Five Star Automatic Fire Protection provides fire protection services for new construction projects and existing buildings.

Court: U.S. District Court for the Western District of Texas, El Paso Division

Docket Number: 3:16-cv-00282