News Release

Motorcycle Retailer Pays $44,330 in Back Wages and Damages After U.S. Department of Labor Finds Overtime Violations

MANCHESTER, NH – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), The Collectable Trader LLC – a motorcycle dealer based in Pembroke, New Hampshire – has paid $22,165 in back wages and an equal amount in liquidated damages to 59 current and former employees to resolve violations of the Fair Labor Standards Act (FLSA). 

The investigation of the motorcycle retailer - doing business as National Power Sports Distributors in Pembroke and Merrimack, New Hampshire - found the employer violated the FLSA by failing to pay overtime for all the hours employees worked beyond 40 in a workweek. Specifically, the employer's practice of failing to count short breaks and meal periods as worktime resulted in overtime violations when that unpaid time caused employees' total hours to exceed 40 in a week. The general sales manager's practice of altering the payroll records to reflect fewer hours than certain employees at the Pembroke location had actually worked led to additional violations.

"Employees must be paid for all hours they work, including short rest periods. Management cannot permit employees to work without compensation," said Wage and Hour Division Northern New England District Director Daniel Cronin in Manchester, New Hampshire. "We encourage employers to contact our Manchester office to better understand the law and to avoid violations. Trained Wage and Hour Division professionals are available to speak with callers confidentially to answer their questions."

The Department offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos, confidential calls, or in-person visits to local WHD offices.

Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. For more information about the FLSA and other laws enforced by the Division, contact its toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at https://www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by the Division. Employers can find compliance assistance resources related to the FLSA at https://www.dol.gov/whd/flsa.

Agency
Wage and Hour Division
Date
July 10, 2019
Release Number
19-0941-BOS
Contact: Ted Fitzgerald
Contact: James C. Lally
Phone Number
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