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Press Releases

U.S. Department of Labor
Wage and Hour Division
Release Number: 10-938-NEW / BOS 2010-394

Date: 

Tuesday, September 21, 2010

Contact: 

John M. Chavez

Phone: 

617-565-2075

US Labor Department sues New York City nail care and salon business to recover overtime back wages and damages for employees


NEW YORK -- The U.S. Department of Labor has sued Cindy’s Total Care Inc., corporation officer Nam Saeng Sim and business manager Byung Sook Kim for alleged violations of the overtime pay and recordkeeping requirements of the federal Fair Labor Standards Act.

An investigation by the department’s Wage and Hour Division found that approximately 32 employees of the nail care and salon business were often required to work more than 40 hours during many workweeks without being properly compensated. The defendants were also found to have willfully failed to keep adequate and accurate records of hours worked and wages paid to employees.

The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 per hour as well as time and one-half their regular hourly rates of pay for every hour they work beyond 40 per week. The law also requires employers to maintain accurate records of employees’ wages, hours and other conditions of employment, and prohibits employers from retaliating against employees who exercise their rights under the law.

“When employees, especially vulnerable workers such as we found in this case, are deprived of their rightful wages, the Labor Department will not hesitate to take legal action to recover those back wages,” said Maria Rosado, director of the Wage and Hour Division’s district office in New York City. “Furthermore, in this case we are alleging willful violations of the law and are seeking an equal amount in liquidated damages, in addition to the back wages owed,” she said.

The Labor Department’s lawsuit, filed with the U.S. District Court for the Southern District of New York, charges the defendants with willful and repeat violations of the overtime and recordkeeping requirements of the FLSA since at least July 1, 2007. The suit asks the court to permanently prohibit the defendants from future violations of the law and to order them to pay employees overtime back wages due, along with an equal amount in liquidated damages or prejudgment interest.

Former employees of Cindy’s who believe they might be due back wages from this employer are encouraged to contact the New York City District Office of the Wage and Hour Division at 646-587-5300. The same office conducted the investigation in this case and the department’s suit was filed by its Regional Solicitor’s Office in New York City. For more information about the FLSA, call the Wage and Hour Division’s toll-free helpline at 866-4US-WAGE (487-9243). Information is also available on the Internet at http://www.dol.gov/whd.

Solis v. Cindy’s Total Care Inc., et al
Civil Action Number: 10-CV-7242-RMB

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U.S. Department of Labor releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at (202) 693-7828 or TTY (202) 693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.