Wage and Hour Division (WHD)

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PISCATAWAY, N.J. -- The U.S. Department of Labor has filed suit against Raceway Petroleum Inc., which operates a string of gas stations in southern New Jersey, and its owners for alleged violations of the overtime provisions of the Fair Labor Standards Act (FLSA).

“Our priority is to protect vulnerable workers. The Labor Department will not hesitate to aggressively enforce the law in cases involving serious violations,” said Dominick Denato, district director for the department’s Wage and Hour Division in southern New Jersey.

The complaint, filed July 25, 2006 in the U.S. District Court of New Jersey, alleges violations of the overtime pay and recordkeeping provisions of the FLSA. The Labor Department is seeking back wages, liquidated damages, and assurance of future compliance with the law.

Employees of Raceway’s 20 gasoline service stations routinely worked in excess of 40 hours per week earning $8 per hour. The Labor Department alleges the FLSA was violated because employees were not paid the required time and one-half their regular hourly rate of pay for hours over 40 in a week. The lawsuit further alleges that the Raceway enterprise failed to keep an accurate record of hours worked by employees. The alleged violations occurred since June 1, 2002.

The investigation was conducted by the Southern New Jersey District Office, 3131 Princeton Pike, Bldg. 5, Room 216, Lawrenceville, N.J. 08648; telephone number (609) 989-2247.

The FLSA requires that covered employees be paid at least the minimum wage of $5.15 per hour for all hours worked and time and one-half their regular rate of pay for hours worked in excess of 40 per week, unless otherwise exempt. The FLSA also requires employers to maintain accurate time and payroll records.

For more information about the FLSA, call the Labor Department’s toll-free help hotline at (866) 4USWAGE (487-9243). Information is also available on the Internet at www.wagehour.dol.gov.

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