Wage and Hour Division (WHD)

Printer-Friendly Version

Press Releases

ALBUQUERQUE, N.M -- The U.S. Department of Labor has sued A Touch of Glass Enterprises Inc. in Albuquerque for failing to pay approximately $300,000 in back wages to current and former sales and service employees as required by the Fair Labor Standards Act (FLSA).

The complaint was filed in the U.S. District Court for the District of New Mexico, Albuquerque Division, against the company; Emily Gordon, president; and Emerald Duquette, vice president. The lawsuit followed an investigation by the Labor Department’s Wage and Hour Division in Albuquerque covering the period from Oct. 15, 2004, to Oct. 12, 2007, which found minimum wage, overtime and recordkeeping violations of the FLSA.

“In this case, employees performed duties nonexempt under federal law, and the employer failed to pay required minimum wage and overtime compensation,” said Cynthia Watson, regional administrator for the Wage and Hour Division in the Southwest. “We are pleased that action has been taken to recover what is due for these workers.”

The FLSA requires that covered employees be paid at least the federal minimum wage of $5.85 for all hours worked, plus time and one-half their regular rates of pay for hours worked beyond 40 per week. The minimum wage will increase to $6.55 per hour effective July 24, 2008, and to $7.25 per hour effective July 24, 2009. Under the law, employers must also maintain accurate time and payroll records. The FLSA provides an exemption from both minimum wage and overtime pay for bona fide executive, administrative, professional and outside sales employees.

The Labor Department’s Wage and Hour Division concluded 30,467 compliance actions and recovered a record $220 million in back wages for more than 341,000 employees in fiscal year 2007. Back-wage collections in fiscal year 2007 represent a 67 percent increase over back wages collected in fiscal year 2001. The number of workers receiving back wages has increased by 58 percent since fiscal year 2001.

For more information about the FLSA and other laws the Wage and Hour Division administers, call the U.S. Department of Labor’s toll-free helpline at 866-4US-WAGE (487-9243) or the Wage and Hour Division’s district office in Albuquerque at 505-245-2142. Information is also available on the Internet atwww.wagehour.dol.gov. Information about the current FLSA exemption can be found at www.dol.gov/fairpay.

###

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.